ACLU of Louisiana Challenges Discriminatory Parade Fees

  Important African American Cultural Tradition at Risk

Pictured: Main Line Club, "Real Men"   High parade fees instituted by chief Riley, threaten to wipe out such clubs. Many do not know the social history that clubs such as Real Men re-enact every Sunday one is on the streets of New Orleans.

     NEW ORLEANS -   ................March 10, 2007        The American Civil Liberties Union of Louisiana announced in November of 2006,  the filing of a federal lawsuit to challenge excessive escort fees applied to Social Aid and Pleasure Clubs, and second-line parade groups in New Orleans.
 
"A unique African American cultural and historical tradition will be taxed out of existence without relief from the court," said Joe Cook, Executive Director, ACLU of Louisiana. "This tradition is important for the rebirth of New Orleans and for those still struggling with the loss of family, unity, home and normalcy."
 

N.O.P.D. Chief Warren Riley

A city ordinance, allows the city's police chief, Warren Riley, wide discretion in charging groups seeking to parade or demonstrate. Earlier this year, fees were raised for second-line dance processions and jazz funerals from around $1,200 to $3, 760, in addition to a $10,000 bond required by state law. Other groups continue to be charged lower rates or no fees at all.
 
In May, the ACLU sent public demand letters on behalf of the Social Aid and Pleasure Club Task Force to Police Chief Warren Riley requesting a change in the fees. Despite a letter from a city attorney advising that they were "reviewing" the matter, the fees have not been modified. Because second-line parade season has begun in earnest, the ACLU is seeking emergency relief in federal court.
 

	Katie Schwartzmann

"The city code allows the police chief enormous discretion,  in deciding when to assess police escort fees and how much to assess," said ACLU of Louisiana Staff Attorney Katie Schwartzmann. "Courts have held that this discretion is unconstitutional. Although the police chief cites extra costs due to violence in the crowd at some second-line events, imposing fees because of the behavior of a hostile audience is constitutionally impermissible."
 
The ACLU represents the Social Aid and Pleasure Club Task Force and other named plaintiffs affected by the ordinances and state law. The suit names as defendants the City of New Orleans, New Orleans Mayor C. Ray Nagin, Chief Riley and Louisiana Governor Kathleen Blanco. Cooperating attorney Carol Kolinchak and Schwartzmann represent the plaintiffs.
 
The complaint is available at: www.laaclu.org/SocialAid_Complaint.pdf.
 
The ACLU's May 16, 2006 letter to Chief Riley is available at www.laaclu.org/2ndLineDemandLtr.pdf.

Update April 4th, 2007 9 a.m.

ACLU secures injunction for Easter Parade of Pigeon Town Steppers!

Pictured: ACLU attorney hurry to court in a morning shower to ask the court to injorn the police from setting high fee for an Easter parade. They won!

New Orleans, LA.            April 4th, 2007......... In what is expected to be the first of a successful campaign to get lower fees from the city when it comes to parade permits, the ACLU won an injunction to keep the police dept from charging the Pigeon Town Steppers an outrageous fee.

A rather modest crowd of Main line club and supporters along with the media gathered in the park for an early morning rally. The clubs met with the attorneys to show support and of course to continue their court battle to seek permanent relief from unjust and unreasonable parade fees that the police seem determine to levy at the clubs.

Members of the Second Line taskforce, voiced their dis-pleasure at the way they are being treated by shouting