The American Civil Liberties Union has warned Aurora Mayor Richard Irvin that he better not take any retaliatory action against the Aurora Pride parade for its refusal to let police officers march in uniform in the parade.
The organizers of the June 12 parade have a First Amendment right to determine the content of their parade, according to a letter sent to the mayor and the city’s corporation counsel Sunday.
“The ACLU of Illinois is concerned by reports that government officials have apparently attempted to pressure the organization Aurora Pride to alter the composition of this year’s Pride Parade. ... Please be advised that the First Amendment to the United States Constitution protects Aurora Pride’s right to control the message of its parade, which includes the composition and appearance of marchers,” wrote Rebecca K. Glenberg, senior staff attorney for the ACLU’s Illinois chapter.
Glenberg said it would be illegal to revoke or alter the parade’s permit just because the mayor or other city officials don’t like the stance Aurora Pride has taken. The city also can’t increase what Aurora Pride has to pay, including increasing insurance requirements, security requirements, cleanup costs or any other fees or costs; have police try to march in the parade in police uniforms; fail to protect the parade from intimidation or violence; harass parade organizers and participants; or otherwise interfere in the parade, Glenberg wrote.
She cited a 1995 U.S. Supreme Court decision that declared the organizers of a St. Patrick’s Day parade in Boston did not have to allow a group of gay, bisexual and lesbian people to march in that parade. The government had no right to order the parade organizers to include a group that organizers believed was contrary to the message of the parade, the court ruled.
Irvin could not be immediately reached for comment Tuesday morning. On Friday, Irvin said he was disappointed parade organizers had not changed their minds and that “a plan” would be announced this week.
Aurora Pride announced on May 24 that it would not allow police officers to march in the parade in their uniforms. It also said they could not carry their service weapons. In addition, police vehicles would not be allowed in the parade. It said officers could march as a group while wearing other clothing, or carrying a banner or signs, identifying themselves as police officers.
Aurora Pride said it didn’t want uniformed officers in the parade because some people who are gay, lesbian, bisexual, transgender or queer have been harassed by police -- not necessarily Aurora police -- and having uniformed officers in the parade could make them anxious, or create tension and animosity.
Aurora Pride President Gwyn Ciesla said on May 26 that officers could wear a “soft” uniform, such as polo shirts with police department logos.
https://www.dailyherald.com/news/20220531/aclu-to-aurora-mayor-dont-think-about-retaliating-against-gay-pride-parade