Forsyth County, Georgia v. The Movement.

505 U.S. 123 (1992)

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Nature of the Case

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Facts

Hosea Williams proposed a Forsyth County March Against Fear and Intimidation for January 17, 1987. About 90 civil rights demonstrators were met by members of the local KKK and other residents of about 400 in number. The counter-demonstrators outnumbered the police, and eventually, they forced a premature halt by throwing rocks and beer bottles. Williams planned a return engagement and this time over 20,000 marchers joined including United States Senators, Presidential Candidates and the Assistant United States Attorney General in a parade and rally. The 1,000 counter-demonstrators were contained by over 3,000 state and local police and National Guardsmen. Violence was sporadic, but 60 counter-demonstrators were arrested, and the parade was not interrupted. The demonstration cost over $670,000 in police protection of which Forsyth County paid a small portion. As a result, the County passed an ordinance that required the permit applicant to defray these costs by paying a fee, the amount of which was to be fixed by the Board from time to time. The ordinance was amended in 1987 and required that each permit applicant should pay a $1,000 fee for each day such parade procession or open-air public meeting shall take place. The county administrator was authorized to adjust that amount in order to meet the expense incident to the maintenance of public order in the matter licensed. The National Movement sought to conduct a rally on the courthouse steps, and the county imposed a $100 fee. The fee did not include any calculation for expenses incurred by law enforcement authorities. The Movement did not pay the fee or hold the rally and instead requested a TRO and a permanent injunction.