April 2022 - Parks & Recreation - 26

LAW REVIEW
In the case of Sons of the Southern
Cross v. Hurst, a Confederate heritage
organization claimed an " American
flags only " rule for a parade had
violated its First Amendment rights.
Confederate Flag Removed
From City Christmas Parade
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Sons of the Southern Cross v. Hurst, 2022 U.S. Dist. LEXIS
14219 (W.D. Ark. 1/26/2022), a Confederate heritage organization
claimed a new " American flags only " rule for an annual Christmas
parade had violated its First Amendment rights.
For many years, The Old Town
Merchants Association (TOTMA)
in the City of Van Buren, Arkansas,
had applied for and received
a permit from the City of Van Buren
(the City) to hold an evening
Christmas parade on Main Street in
downtown Van Buren. Historically,
parade participants constructed parade
floats and drove them down a
portion of Main Street as parade
attendees lined the street. TOTMA
would place temporary roadblocks
on cross streets and Van Buren police
officers directed traffic away
from and around the parade.
Plaintiff James Bible had lived
in Crawford County, Arkansas, for
approximately 15 or 20 years. He
is the founder, president and national
commander of Sons of the
Southern Cross, Inc., a national
Confederate heritage organization
headquartered in Crawford County.
Plaintiffs had participated
in
the TOTMA Christmas parade for
approximately 10 years. During
that time, Plaintiffs regularly (and
perhaps always) flew a Confederate
battle flag from their float. In
26 Parks & Recreation | APRIL 2 0 22 | PARK S ANDRECRE AT ION . OR G
January 2020, TOTMA received
a permit from the City for its 2020
Christmas parade.
The City added the parade to the
calendar of events on its website to
be held on December 12, 2020. As
various public health responses, such
as masking and physical distancing,
were deployed in 2020 in response
to the coronavirus (COVID-19) pandemic,
TOTMA decided to hold
a " reverse Christmas parade, " in
which floats would remain stationary
along the Main Street parade
route and parade attendees would
drive down Main Street to view the
stationary floats in the evening.
TOTMA board member Lindsay
Dodson acted as parade organizer
and chair and unilaterally drafted
rules that parade participants
agreed to follow as part of their
applications. Later in the year and
closer to the time of the parade,
Dodson contacted Mayor Joseph
Hurst for confirmation that the

April 2022 - Parks & Recreation

Table of Contents for the Digital Edition of April 2022 - Parks & Recreation

April 2022 - Parks & Recreation - Intro
April 2022 - Parks & Recreation - Cover1
April 2022 - Parks & Recreation - Cover2
April 2022 - Parks & Recreation - 1
April 2022 - Parks & Recreation - 2
April 2022 - Parks & Recreation - 3
April 2022 - Parks & Recreation - 4
April 2022 - Parks & Recreation - 5
April 2022 - Parks & Recreation - 6
April 2022 - Parks & Recreation - 7
April 2022 - Parks & Recreation - 8
April 2022 - Parks & Recreation - 9
April 2022 - Parks & Recreation - 10
April 2022 - Parks & Recreation - 11
April 2022 - Parks & Recreation - 12
April 2022 - Parks & Recreation - 13
April 2022 - Parks & Recreation - 14
April 2022 - Parks & Recreation - 15
April 2022 - Parks & Recreation - 16
April 2022 - Parks & Recreation - 17
April 2022 - Parks & Recreation - 18
April 2022 - Parks & Recreation - 19
April 2022 - Parks & Recreation - 20
April 2022 - Parks & Recreation - 21
April 2022 - Parks & Recreation - 22
April 2022 - Parks & Recreation - 23
April 2022 - Parks & Recreation - 24
April 2022 - Parks & Recreation - 25
April 2022 - Parks & Recreation - 26
April 2022 - Parks & Recreation - 27
April 2022 - Parks & Recreation - 28
April 2022 - Parks & Recreation - 29
April 2022 - Parks & Recreation - 30
April 2022 - Parks & Recreation - 31
April 2022 - Parks & Recreation - 32
April 2022 - Parks & Recreation - 33
April 2022 - Parks & Recreation - 34
April 2022 - Parks & Recreation - 35
April 2022 - Parks & Recreation - 36
April 2022 - Parks & Recreation - 37
April 2022 - Parks & Recreation - 38
April 2022 - Parks & Recreation - 39
April 2022 - Parks & Recreation - 40
April 2022 - Parks & Recreation - 41
April 2022 - Parks & Recreation - 42
April 2022 - Parks & Recreation - 43
April 2022 - Parks & Recreation - 44
April 2022 - Parks & Recreation - 45
April 2022 - Parks & Recreation - 46
April 2022 - Parks & Recreation - 47
April 2022 - Parks & Recreation - 48
April 2022 - Parks & Recreation - 49
April 2022 - Parks & Recreation - 50
April 2022 - Parks & Recreation - 51
April 2022 - Parks & Recreation - 52
April 2022 - Parks & Recreation - 53
April 2022 - Parks & Recreation - 54
April 2022 - Parks & Recreation - 55
April 2022 - Parks & Recreation - 56
April 2022 - Parks & Recreation - Cover3
April 2022 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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