September 7, 2007
by Victoria Hardy
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Gathering Ordinance Passed in Walnut Cove, NC
Seems there is trouble brewing in the small town of Walnut Cove, NC. And, in response to that trouble the town council members have instituted an ordinance requiring 5 or more people to obtain a permit before gathering.
The problem began in April when members of Baux Mountain Baptist Church began preaching on the street on Saturdays and the town council contends that the Christians are causing traffic problems and blocking sidewalks. Residents have been critical about this measure claiming it interferes with their freedom of speech, but council member Debbie Cowan has stated there is good reason for the ordinance. "We'll be able to control where people are going to be, not what they're going to say. We don't care what they're going to say, we just want to make sure we don't have traffic problems." FOX WGHP
Walnut Cove has less than 2000 residents and Baux Mountain Baptist Church is claiming 5 salvations thus far into their street preaching. Baux Mountain Pastor Mark Smith has stated, "We feel like that's still unconstitutional and that we do not need a permit to be able to gather as churches or groups of people to voice our opinion's on what we believe." But Town Manager Homer Dearmin insists, "Walnut Cove has no intention of imposing on anyone's freedom of speech or freedom of religion." CBN.com
The town council met on September 4 and passed the ordinance with a few amendments, including the change that no fee would be charged for the permit. Police officers were present at the meeting which was packed to capacity with many residents setting up chairs and listening from outside. The public was not allowed to speak until the ordinance was passed. One resident insisted to the council "You do not have the authority to pass this." And another was removed by police after raising his voice and stating the ordinance was "communism at its finest." The ordinance goes into effect October 15th. FOX WGHP
This ordinance seems to be yet another loss of rights we are experiencing across our country since the events of September 11, 2001. The first amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." But Walnut Cove has concluded that exercising freedom of religion and freedom of speech rights, requires permission. And what disturbs me most is that now this ordinance has passed it can apply to anyone at anytime and it seems just steps away from, "May I see your papers, please?"
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I grew up in the south, street preachers are as common as street musicians in the big cities and in all my years I have never felt threatened or been accosted by someone preaching on the street. I know that no one likes to be preached at, but the right to do that preaching is built into our consitution, we have the right to walk away and frankly, I'd rather see them on the street than knocking at my door.
I wonder if the town council in Walnut Cove has considered the ramifications of this ordinance or how quickly ideas like this can get out hand and be abused. If the members of Baux Mountain Baptist Church were causing problems on the street, and not just getting on people's nerves, then arrest them for disturbing the peace or some other reasonable charge. But passing a city wide ordinance prohibiting gathering without permission speaks of another, darker time in our history that we'd rather forget.
And I suppose the most frightening aspect of this ordinance is how far it will go and how quickly the idea will spread. What if a family of 5 says a prayer before enjoying a meal in a restaurant, will that soon be illegal? Will family reunions have to be monitored and approved by the city, state or the federal governments? Next week my Mom is having surgery and I know at some point a bunch of us will gather and say a prayer, will that be against the law one day? The town council in Walnut Cove has just stepped upon a very slippery slope and I hope they are prepared to accept the consequences of their actions.
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Victoria Hardy [send her email] is the drummer for the pop duo 3 Feet Up. She lives in North Carolina with her husband, who is also the other half of the duo and they have just released their second CD, entitled i will fear no evil. 3 Feet Up was featured in the Living Room Live Series on the CBS Early Show in July of 2006. Find more on her website, http://www.3feetup.com.
