Youngstown within its rights to require liability insurance

As the season for parades, block parties, rallies and other events on the city of Youngstown’s streets or right-of-ways goes into high gear, an interesting and potentially explosive issue has triggered debate. At the heart of the verbal jousting is a law that has been on the books for three decades but now has become a point of contention.

The law requires organizers of events to purchase a $1 million liability insurance policy with Youngstown named as an additional insured party. It has been applied equally and consistently, and city officials contend that it passes constitutional muster because it is not cost prohibitive. Such an insurance policy carries a price tag of about $300.

And yet, Jason Cooke, a local animal-rights activist, recently objected to securing such a policy for a May 21 rally that is to take place just hours before William Clemons goes before a municipal court judge to face an animal cruelty charge. In March 2014, five dogs with sores on their bodies were removed from Clemons’ home.

After Cooke questioned the constitutionality of the city’s statute requiring the liability insurance, The Vindicator talked to Law Director Martin Hume about the activist’s concerns, which prompted a meeting between the two men. The discussion resulted in the city taking the position that a rally outside City Hall would not block a city street or right of way.

“The ordinance doesn’t apply under these circumstances,” Law Director Hume concluded, which pleased Cooke. He had told the newspaper he could not afford to pay for the insurance policy.

But despite the break, he isn’t about to drop his objections to the ordinance .

“I have to ask the question: Why?” Cooke said. “I don’t need it, but it doesn’t take away from the underlying fact that this is still on the books. People are going to be horrified to realize that this is in place.”

BASIC VIEW

While the constitutional question centers on the issue of free speech – does requiring an insurance policy dampen the free expression of ideas? – and will undoubtedly trigger lively debate, we have a more basic view of things.

Just suppose there’s a parade on Federal Street in downtown Youngstown and things get out of hand, resulting in damage to public and private property. Why should the burden of paying for the fallout be borne by city government?

“We have the right to protect the city, and the insurance requirement doesn’t violate anyone’s constitutional rights,” the law director noted.

We agree. The right to assembly – peacefully – is the hallmark of our democracy, but as recent events have shown, there’s no guarantee that participants will behave lawfully.

The riot in Baltimore is a case in point. It will be a while before the total dollar-value of the damage done to businesses, public buildings and government property (including police cars) is known, but early estimates peg the cost at tens of millions of dollars.

When you add in the exorbitant amount of money the city, Baltimore County and state of Maryland will pay in overtime for the show of force, and for other public employees brought in for the cleanup, the tab will be much higher.

In Ferguson, Mo., the unrest last August cost St. Louis County more than $4 million. The money is coming out of the general fund.

Against that backdrop, Youngstown is on firm legal ground in requiring liability insurance.