Protesting Rights

Banners on State-Maintained Roadways or Structures

It is NCDOT’s Policy not to hang banners regardless of the nature of the banner across state-maintained roadways. NCDOT fully supports the constitutional rights of free speech and expression as provided by law. NCDOT also recognizes that we must adhere to the laws established by Congress and the North Carolina Legislature. These rules and laws prohibit advertising in the right-of-way.

If NCDOT finds a banner placed in the NCDOT right of way, we will determine whether it poses an imminent hazard or needs to be removed immediately. Banners that are not considered imminent hazards will be addressed by notifying the owner and giving them a chance to retrieve their property.

Banners that pose a direct and imminent hazard to the public violate state statutes 136-91 and will be removed immediately. Banners displaying derogatory messages and/or symbols will also be removed without delay. Such banners violate state law and pose a risk to public safety or disrupt the peace. NCDOT will dispose of these banners in the same manner as other debris removed from the rights of way. This includes, but is not limited to:

1. Banners that are poorly secured and could fall into traffic or other transportation areas such as navigable waters, railroads, and shared-use paths.

2. Banners that are designed to resemble official traffic control devices in violation of G.S. 136-32.1.

3. Banners that use language, messages, or symbols that are widely considered hateful, contain slurs, or incite violence.

*Excerpted from the NC Department of Transportation

Street & Sidewalk Use & Regulation

Article B. – Obstructing

No person shall injure, deface, or mar in any manner whatsoever any of the streets or sidewalks of the city. The city shall have the right and privilege to repair any such injury, defacement, or mar and to assess the cost thereof against the offender, per Code 1966, C. 18, Sec. 18-2.

Sec. 6-2002. – Obstructions & Excavations.

Obstructions are prohibited. Except as specifically allowed by this Code, it is unlawful to place, erect, or maintain any fence, wall, sign, machinery, equipment, or other obstruction in the public streets and sidewalks of the city. Anyone who places, erects, or maintains an obstruction in violation of this section must remove it and repair or restore the street and/or sidewalk within a reasonable time. Additionally, the city may remove any such obstruction summarily and charge the costs of removal, restoration, or repair to the responsible party.

Furthermore, except as permitted herein, no person or group shall gather on any public street or sidewalk in a way that blocks or intentionally attempts to block vehicular traffic on any public street or pedestrian movement on public sidewalks. It is the responsibility of the Department of Public Safety to ensure that public streets remain open for vehicles and public sidewalks remain accessible for pedestrians.

Sec. 6-2009. – Signs, Banners Across Street.

No person shall erect or place any sign or banner made of wood, cloth, metal, or other materials across any street or sidewalk in the city without permission from the city manager; however, the council shall have the power to revoke any permit to erect or maintain such signs.

Article C. – Parades & Demonstrations

Sec. 6-2032. – Definitions.

Parade. Parade means any march, demonstration, procession, or motorcade consisting of persons, animals (not vicious or dangerous), vehicles, or any combination of these on the streets, sidewalks, parks, or other public grounds within the city, with the purpose of attracting public attention that disrupts or tends to disrupt the normal flow and regulation of vehicular or pedestrian traffic.

Parade or public assembly permit. Parade or public assembly permit means the permit required by this article

Public Assembly. Public assembly means any meeting, demonstration, picket line, rally, or gathering of two or more persons for a common purpose that is planned in advance and that interferes with or tends to interfere with the normal flow or regulation of pedestrian or vehicular traffic or otherwise occupies any public area in a place open to the public.

Sec. 6-2033. – Permit Required.

No person shall engage in or conduct any parade or public assembly unless a permit therefor has been issued by the director of public safety in accordance with the provisions of this article.

Sec. 6-2034. – Exceptions.

Spontaneous events lasting no more than two (2) hours caused by news or public affairs becoming public knowledge within three (3) days of such parade or public assembly, provided that the organizer gives written notice to the director of public safety at least twenty-four (24) hours before the event.

Sec. 6-2035. – Application.

Anyone seeking a parade or public assembly permit zust submit an application to the Director of Public Safety, using the provided forms. The information provided must be accurate and signed under oath by the applicant. For single, non-recurring parades or assemblies, an application must be filed at least ten (10) days prior to the event’s start. The director of public safety may waive this minimum ten (10) day requirement and accept a shorter application period if, after considering the date, time, location, nature of the event, expected participants, and city services needed, the director determines that the waiver will not significantly disrupt traffic, deny nearby property owners reasonable access, or pose a public safety hazard.

The fee for issuing a permit for a recurring event is as outlined in the city's adopted schedule of fees and charges. If the event extends beyond the original permitted period, a new permit may be issued for additional periods of up to 90 days each, provided a proper application is made and the applicable fee is paid.

Notwithstanding the above, a lawful picket line in connection with a labor dispute may be established and maintained without a prior application for a permit under the following special circumstances:

• The picket line is spontaneous and not planned in advance of the event.

• The person or persons who have organized, will conduct, will participate, or have participated in the picket line must notify the director of public safety in person or by telephone before the picket line begins, if possible, or as soon as possible afterward.

• No more than twenty-five (25) people may participate in the picket line for the first four (4) hours immediately following its start.

• Within twenty-four (24) hours of starting the picket line, an application for a parade or public assembly permit must be filed with the director of public safety.

• If all the special conditions listed above are carefully followed, the picket line will be considered in compliance with this article from the start, and any permit issued will relate back to the start of the picket line.

• However, the picket line established under this subsection must always follow lawful directions from law enforcement personnel regarding traffic safety and control.

Persons engaged in parades or other public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment shall not be required to pay for any public safety protection provided by the city. (Ord. 97-25, 6-2-97) 

Below is a General Discussion of Assemblies for the Sole Purpose of Public Issue Speech Protected Under The First Amendment – Which is Not in the Ordinance:

Free speech assembly, as protected by the First Amendment, refers to the right of individuals to gather together and express their views, opinions, and ideas publicly without government interference. This includes the right to protest, demonstrate, and engage in other forms of collective action. It's closely linked to freedom of speech and the right to petition the government. 

Here's a more detailed explanation:

• Freedom of Assembly: The First Amendment explicitly protects the right of the people "peaceably to assemble". This means people can come together in public spaces to share their thoughts and ideas. 

• Freedom of Speech: Free speech, also protected by the First Amendment, is the individual's right to express themselves without fear of censorship or punishment. 

• Interrelation: The right to assemble often overlaps with the right to free speech, as people frequently gather to express their views collectively. 

• Purpose: The right to assemble is fundamental to a democratic society, allowing for public discourse, protest, and the pursuit of social and political change. 

• Limitations: While the right to assemble is broad, it is not absolute. It does not protect violence, incitement to violence, or illegal activities during gatherings. 

• Historical Context: The right to assemble has been a crucial tool for social movements throughout history, including the Civil Rights movement. 

• Examples: This right protects the freedom to organize and participate in marches, rallies, sit-ins, and other forms of collective action. 

*Excerpted from City of Morganton Code of Ordinances