By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The first amendment of the United States Constitution includes the “right of the people peaceably to assemble”, and this is also covered in the Cherokee Code of the Eastern Band of Cherokee Indians (EBCI). This was put into the Code with the passage of Ord. No. 574 on Sept. 10, 1993.
Cherokee Code Chapter 167 deals specifically with parades and demonstrations. Sec. 167-1 outlines when a permit for such activities is required. “It shall be unlawful for any person to obstruct or block the public highways, roads, streets or sidewalks on Cherokee Trust Lands by any exhibition, demonstration, picket line, or parade, so as to prevent the normal flow of pedestrian or vehicular traffic, except that a special permit may be granted pursuant to this article by the Chief of Police, or by authority of the Tribal Council authorizing peaceful occupancy of a specified portion of the street or sidewalk for a specified period of time for purposes other than hostile demonstrations or commercial gain. Participation in such illegal exhibition, demonstration, picket line, or parade by any individual, through leadership, organization or physical participation therein, shall be unlawful.”
While the terms “peaceful occupancy” and “hostile demonstration” are not defined in Code, Sec. 167-2 describes what conduct is expected for people during demonstrations. It states,
“(a) It shall be unlawful for any person or group of persons to shout, scream, sing or make any other noises with their voices which shall be unreasonably loud and which disturbs the general public.
(b) It shall be considered that shouting, screaming, singing or making of any other noises with voices by any person shall be considered as being unreasonably loud and disturbing when it can be heard through the distance of 1,200 feet.
(c) Any gathering of persons or any group of persons upon the public highways, roads, streets or sidewalks for the purpose of creating, or which creates, mechanical or vocal sound which is of such intensity or nature as to interfere with the rights of peaceful occupancy by property owners in the adjoining areas, is unlawful, and no individual shall participate in, lead, direct or encourage such actions.
(d) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, demonstration, picket line or exhibition to willfully possess or have immediate access to any dangerous weapon. For the purposes of this section, the term “dangerous weapon” shall include any firearm, bowie knife, dagger, metallic knuckles, razor, stun gun or any other object capable of inflicting serious bodily injury or death when used as a weapon.
(e) Nothing provided in this section shall be construed to prevent the orderly expression of spectators at any regularly organized sport event or the peaceful assembly of any group for orderly expression or communication between those assembled.”
Section 167-8 states the circumstance for which a demonstration permit might be denied. “The Chief of Police or Tribal Council may refuse to issue the permit when the activity or purpose stated would violate the provision of this chapter or any other ordinance, or when the activity or purpose would endanger the public health or safety or hinder or prevent the orderly movement of vehicular or pedestrian traffic.”
Sec. 167-9 sets the penalty for violation of Chapter 167 law as being a fine of not more than $500 and not more than six months imprisonment.
