City Supports Group's First Amendement Rights
As Geauga County gears up for its first pride events, some in the city of Chardon are not thrilled over plans for a family-friendly festival on the square June 18.
As Geauga County gears up for its first pride events, some in the city of Chardon are not thrilled over plans for a family-friendly festival on the square June 18.
The festival — which event organizers say will include face painting, dancing, “mom hugs” and a marriage ceremony — came under attack from a group of 18 churches whose pastors spoke out about an event they feel is “obscene” at the June 9 Chardon City Council meeting.
Prior to the meeting, the group sent a letter to the city outlining two primary concerns over the festival, which they believe is “adult in nature.”
“Unlike other public events, such as the (Geauga County) Maple Festival, the content of the Geauga Pride event is ‘adult’ in nature. Case in point, the event includes a drag show. Yet, at the same time, the event is advertising activities to attract children, such as face painting,” the letter said. “Our children and grandchildren should not be in danger of being exposed to lewd behavior and sexuality in a setting as public as the town square.”
Meg Carver, co-organizer of the event along with Mary Briggs, said June 14 she wasn’t surprised by the letter, but as a result of its release, the pair have received an outpouring of support from the community.
Additionally, performers know the type of event and the crowd that will be present and have tailored their performances to be PG-rated and appropriate for all ages, she said.
“Drag is simply an expression of art in the way one theatrically expresses themselves,” she said. “It doesn’t have to be something that is explicit or not family friendly.”
Carver said the city has been welcoming and supportive. Organizers have hired two off-duty Chardon police officers to work security, and CPD will actively monitor the situation.
During the council meeting, Mayor Chris Grau pre-empted regular business to read a prepared statement regarding the event.
“The city of Chardon’s square is a public space that is open to all regardless of race, religion, sex, national origin, political affiliation or any other social or personal beliefs. Groups may gather and openly practice their First Amendment rights and are protected by our Constitution,” Grau said, adding no illegal activities will be allowed, but the city cannot regulate use of the square based on the message of those using it.
City Manager Randy Sharpe followed Grau’s comments with a reading of the First Amendment of the U.S. Constitution.
“The five freedoms it protects are speech, religion, press, assembly and the right to petition the government,” Sharpe said. “Together, these five guaranteed freedoms make the people of the United States of America the freest in the world. The right to gather in peaceful public protest, in marches, rallies and other assemblies, is the core freedom guaranteed by the First Amendment.”
The Public Square
Gregory DiMeolo, a pastor at Christ Community Church in Chardon and a signatory to the letter opposing the event, was the first to take to the microphone for public comments.
DiMeolo said he loves his city, but is greatly concerned as a citizen and a Christian by the upcoming event.
“I understand freedom of speech, I understand the First Amendment, I love the Constitution. I believe this is beyond freedom of speech — this is the promotion of what most would regard as evil and ungodliness, to say the least,” he said.
DiMeolo’s comments were echoed by a half-dozen others, including pastors who had signed on to the letter sent to the city, as well as some members of the public. Most of speakers were concerned over behavior or activities they believed would not be appropriate for children, with several emphasizing laws on the books regarding public obscenity.
Dave Combs, a resident of East King Street, said he does not like his tax dollars being used to support this event in the city park.
“I have viewed some of the online drag shows currently being presented in local libraries, schools,” Combs said. “I don’t like the possibility of what I’ve seen being presented in our park and I consider that obscene.”
Chris Carlo asked Law Director Ben Chojnacki what kinds of organized activities the city would refuse to allow and what requirements the city would have for groups assembling peacefully.
“If you open Pandora’s Box like this, the question that I have, again, will be what organization, what organized group of people are you willing to say yes to? Or what would you say no to, as long as people are assembling peacefully,” Carlo asked.
Before answering, Chojnacki took a moment to thank those who had spoken for coming forward and engaging their First Amendment rights to free speech by petitioning the city.
The city is permitted under the U.S. Constitution to engage in content-neutral time, place and manner restrictions on how people exercise their First Amendment rights, he said.
Denying access to the public square based on the content of a group’s expression would, however, be a prior restraint on behavior, which would be a direct violation of that group’s constitutional rights and could result in a lawsuit the city would lose, he said.
“We’re not going to stop anybody from assembling based on what they do,” Chojnacki said. “That means the (Ku Klux Klan), the Satanists, the Law Directors of America. They can all come to the city square and do their assemblies there.”
The right to freedom of speech goes beyond the spoken word and includes expressive conduct, such as dancing, singing and celebrating, he said.
“The most hallowed ground in America is the public square. That’s the marketplace of ideas, independent of your religion and your faith,” he said. “That is the place that our forefathers, the founders the United States Constitution, carved out as one of the essential places where people can express themselves.”
Before the closing of public comments, two more residents came forward to speak about the event.
Elizabeth Giedt, a parent and grandparent, thanked council for protecting the First Amendment rights of the event organizers, and — using the annual BrewFest event which takes place on the square as an example — advised people opposed to the event to stay home.
“This is no different than a beer festival,” she said. “I’m not going to take my children or my grandchildren up to the beer festival. If you don’t want your family uptown on this day, don’t go uptown.”
Peter Burns, a resident of the city for 39 years and a self-described “white heterosexual male” who would not be attending the pride festival, said he had a simple request for the group.
“All I ask is that they clean up the park after they’re done,” he said.
Community Support
On June 14, the city received another letter, this time from the Chardon Ministerial Association, authored by Rev. Chris McCann of St. Luke’s Episcopal Church and co-signed by revs. Marilyn Matevia of Celebration Lutheran and Sam Greening of Pilgrim Christian Church.
The letter voiced support for the pride festival, calling it a “historical first” for the community.
“We offer our support in response to the call of the gospel of Jesus Christ, who has given to us a ministry of reconciliation, to reconcile all things to God in Christ,” the letter said. “In our ecclesiology, we embrace the firm conviction that God loves us without exception. … Without hesitation, we see this ministry to extend to the furthest reaches of God’s creation. We support the LGBTQ+ community in every effort to promote full inclusion in the life of the community.”
Carver said the negative response received by the city and organizers is one of the reasons for the event.
“We know that there are people that just are unaware or may not be fully embracing members of the Geauga County community, but that needs to change,” Carver said.
The goal of the event, she said, has been to honor, embrace and connect with LGBTQIA+ members of the Geauga County community who live and work here every day.
“The whole point of pride is to let people know, no matter where they are on their journey, that they are safe and supported in this community by these businesses and churches, and by these people,” Carver said. “So that’s why we will have mom hugs and we will have a painting area, and we will have yoga and dancing and just an awesome time for people to come and be their authentic selves, with no judgment. To be honored, to embrace and just to connect with one another.”
