Want to protest on local government property? Here are some things to know first.

Madison Lipe, Wilmington StarNews
Updated ·4 min read

With elections quickly approaching and people across the country gathering to protest in support of Palestine, New Hanover County has put together a list of the county's rules when it comes to protesting on county property.

Assistant County Manager Lisa Wurtzbacher presented a summary of the county's rules and regulations during a New Hanover County Board of Commissioners meeting earlier this month.

In the past, there have been local protests at the county's Government Center as well as the Pine Valley Branch Library regarding different topics.

"Of course we want to honor and protect individuals' First Amendment rights, particularly the freedom of speech and the right to assemble," Wurtzbacher said, "but also we need to balance the fact that we are a unit of local government and we have to continue to do the public's business."

Rules for county buildings

  • When it comes to county buildings, protests cannot disrupt county business or disrupt the intended purpose of the county building. If inside a county building, a patron or visitor must use the building for its intended purpose.

  • Protests are allowed outside of county buildings on sidewalks or laws as long as they are not impeding any entrances or intended use by customers.

  • No excessive noise is allowed as defined by the county's noise ordinance.

  • No threats or language that would incite a riot is permitted.

  • No protesting is allowed in parking lots for safety reasons.

Rules for county parks

  • When it comes to protesting on county park grounds, protests cannot impede public use of the park. For example, blocking or using courts or fields for protesting rather than their intended use.

  • Protests would only be allowed during park hours.

  • Tents are allowed on park properties but cannot impede the intended uses of the park area as well as interfere with preapproved special events taking place at the park. Tents would not be allowed after park hours.

The guidelines have been put together in an administrative memorandum for the public to refer back to.

If the gathering is a special event or major event planned at a park, the group would have to apply for an event permit. A special event is more than 100 people, but fewer than 1,000, and a major event is over 1,000 people.

"In no way is what we're talking about intended to stop the public from engaging in constitutionally protected behavior," Commissioner Dane Scalise said. "We're merely trying to be transparent about what is protected behavior and what is not protected behavior."

City of Wilmington regulations

Although the city hasn't recently discussed rules and regulations for protesting on city property, Section 6 of the Wilmington Code of Ordinances lists picketing rules for the city.

The terms "picket" or "picketing" include demonstrators, people participating in vigils and any action primarily promoting or objecting to a policy.

Here's what you should know if you want to picket on city property:

No picketing should be conducted on the public ways of the city unless notice of the intent to picket has been given to the chief of police or his designative representative. The group should also receive a receipt before picketing. The Wilmington Police Department has an Intent to Picket form on its website.

A group of more than 10 people should give notice of intent to picket in writing and include the following: the name, if any, of the organization or group picketing, unless picketing anonymously; the location; the dates when the picketing is to occur; the name of the person organizing the picketing; whether or not the people below the age of 18 are expected to participate; and the person in charge that will carry the receipt of notice at all times.

  • Picketing should be conducted only on portions of public ways that are not primarily used for vehicular parking or moving traffic.

  • Participants may carry written or printed placards or signs that do not exceed 24 inches in width and should not use words that are obscene or libelous.

  • Pickets are restricted to use the outermost half of the sidewalk or other public way nearest to the street and should not at any time or in any way obstruct or interfere with or block: people entering or exiting from vehicles; people crossing streets or using the public way; the entrance or exit to any building or access to property abutting the street or sidewalk; or pedestrian or vehicular traffic.

  • It is unlawful for any person to physically interfere with pickets in the use of the sidewalk. It is also unlawful for a person to address profane, indecent, abusive, or threatening language towards picket participants in order to provoke them or breach peace.

  • Police officers of the city may direct the dispersal of people assembling to intimidate pickets through numbers or inflammatory words. Those who fail to leave after the direction of dispersal may be arrested.

  • If a passage of any street or sidewalk is obstructed by a crowd, police officers may direct the crowd to disperse, regardless if the crowd assemblies as a result of or in connection with picketing.

This article originally appeared on Wilmington StarNews: What to know if you plan to protest in Wilmington or New Hanover County