The Gray Town Council is considering a new Mass Gathering Ordinance, requiring permits for outdoor events. For those who have forgotten, the right “peaceably to assemble” is part of the First Amendment and several international agreements.

The town had an ordinance by 2003. In the years that followed, controversy arose about who was exempt. In late 2006, the law was repealed. In 2009, the council let the Public Safety Committee try again. Two years later, a draft was presented to the council and public. (In the meantime, the new town hall was built. Laws take longer.)

The same controversies are back. Every familiar, well-behaved (and influential) group wants an exemption. No one wants to pay fees or to put up insurance bonds. Everyone wants approval power.

Now, as uncomfortable as the idea may be, some of our rights are not absolute. A peaceful assembly is lawful, but an armed mob is not. We have a right to speak freely, but not to slander or incite to riot. The federal courts dealing with constitutional law have the burden of drawing the lines, which as you can imagine is rather tricky. Think Kennebunk fighting Bush protesters in the 1990s, or Pownal facing Hempfest in 2001. Think Occupy Maine.

Then there was the famous case in Skokie, Ill. in the late 1970s. The tiny Nazi Party cost that town big bags of money because it wanted to march in a place with a large number of Holocaust victims. Skokie tried to deny the parade permit, and lost in court.

Maine state law requires a permit “for any outdoor gathering held with the intent of attracting a continued attendance of 2,000 or more people for 12 or more hours.” Organizers for such events may not advertise or gather sponsors before obtaining the permit from the Maine Department of Health and Human Services, enforced by the district health inspector. Council members who rescinded Gray’s law thought the state law was enough. The new proposal controls smaller gatherings.

In my view, such a law must be about public safety, not an opportunity for politicians to decide who gets to assemble and who doesn’t. I think that the law should require the fire chief to issue a gathering permit to anyone who meets safety standards, just like burning permits. The town manager or the council should not have a say in the matter. The fire chief has the public safety expertise, and should be given both the responsibility and the authority to prevent safety problems. The chief knows what special conditions might apply, such as the ice thickness for a winter lake event. Do you really think the council and manager could defend their approval in court if they issued a permit and there were a major tragedy or a constitutional challenge? Lawyers love constitutional cases, but everyone loses once you begin avoidable legal proceedings, especially the taxpayer.

Charities, businesses, political groups, churches, sports fans, civic groups, the town, the schools and everyday folks hold outdoor events of all kinds. If the ordinance is truly about public safety, everyone should follow the same safety rules. This includes the town, the school, the folks we like, and the folks we might not like to see assembling. Having no exceptions is the only way to protect our constitutional rights, and to keep us out of court.

The organizers should pay for all public safety costs. If the rules require an ambulance on-site, it should not come from the emergency resources that would normally be available to the rest of the town on that day. Imagine that an event occurs every weekend. How long would the taxpayers and volunteers be able to commit “standby” services out of their own generosity? Organizers should also be asked to provide a bond for cleanup or unexpected costs.

Finally, political groups should be allowed to apply for a permit for a large demonstration or vigil at least 48 hours away. The circumstances may be simple enough for the chief to investigate and approve quickly.

Surely, we want to keep everyone safe and avoid traffic jams. Nevertheless, it is essential that we be able to assemble and speak freely without fear.

Mark D. Grover is a former Gray town councilor.