Sandy Springs is repealing a controversial ordinance aimed at curbing the expression of hate speech, after determining the law is constitutionally flawed.
Cory Isaacson, the Georgia legal director of the American Civil Liberties Union, said, the ordinance would have “shutdown speech and expression across the whole city”
During a city council meeting, Tuesday, Isaacson praised Sandy Springs for revoking the ordinance.
The law was one of three ordinances approved on April 1 and intended to stop the distribution of hate-filled propaganda, and also harassment.
It stated that a person could be charged with disorderly conduct for knowingly approaching “another person within eight feet” without consent — to protest, hand out pamphlets, or engage in harassing conversation.
An earlier draft included a 50-foot buffer zone around locations at places of worship, schools, and the edge of public rights-of-way.
City attorney Dan Lee acknowledged the April 1 ordinance posed legal risks for the city.
At the time of passage, Richard T. Griffiths, spokesperson for the Georgia First Amendment Foundation, predicted the ordinance would result in lawsuits.
“This deeply troubling law will cost the city of Sandy Springs a great deal of money … and the city will lose,” he told SaportaReport. “There’s plenty of case law that will shoot this down in Georgia.”
Two councilmembers, Jody Reichel and Melody Kelley, voted against the ordinance in April citing constitutional concerns and lack of clarity. Kelley warned that the law could be weaponized; Reichel stressed the importance of protecting First Amendment rights.
On Tuesday, Kelley said, the turn of events should be considered, “a lesson learned” for council.
“Let’s do our homework next time on the front end,” she said.
Councilmembers Melissa Mular and Andy Bauman echoed Kelly before voting to repeal the law.
Bauman, who initially voted for the ordinance, criticized Lee and Mayor Rusty Paul on the process — and the assurance he sought from Lee that the law had been properly vetted and wouldn’t violate constitutional rights. That assurance, he said, has now proven false.
“…This council and our residents were put through a process that proved divisive, costly and ultimately unnecessary,” he said.
Mular also voted for April 1 ordinance. Since then, she has received a lot of feedback from residents who didn’t understand how the buffer zone ordinance would be enforced, she said.
“They felt it was infringing on their rights,” Mular said.
The Anti-Defamation League, which helped the city draft the original ordinance, does not object to its repeal.
During Tuesday’s meeting, Eytan Davidson, regional director of ADL Southeast said the other new ordinances that prevent door-to-door solicitation and distributing materials outside a person’s home between the hours of 9 p.m. to 7 a.m. are sufficient.
“This is the prudent move,” he said of the ordinance repeal.
Flyers and pamphlets containing anti-semitic messages have been distributed in driveways in Sandy Springs and metro Atlanta for years. And the Anti-Defamation League reports a rise in such propaganda since the attacks in southern Israel on Oct. 7, 2023.
A tragic reminder of threats and fear was felt on Wednesday night when an Israeli couple was killed outside outside the Capital Jewish Museum in Washington D.C.
The many protests, and separately, the violent acts in recent years raise a delicate question of whether it’s possible to protect free speech and also ensure people feel safe.
On Tuesday night, Isaacson told Sandy Springs city council, “Taking away our constitutional right to express, to speak freely, to debate, and to dissent doesn’t make us more safe. It puts us all at risk.”
She continued, “Fighting against hate and discrimination is noble and necessary, but we must do it in a way that leaves our constitutional rights intact. This ordinance did not do that.”
