Ocean View, DE — Today the ACLU of Delaware sent a letter to the Ocean View Town Council asking that the recently passed ordinance regulating assemblies be “swiftly repealed” as it violates basic First Amendment rights.
The Town Council voted on July 8, 2025 to introduce several time, place, and manner restrictions on assemblies led by community organizers and protesters. The new ordinance requires organizers to: apply for a permit no less than 36 hours before any event with more than ten people, pay up to $150 in fees, and be subject to unspecified restrictions determined by the town manager. The regulations also dictate that “First Amendment assemblies” must be between the hours of 8:00 AM and 8:00 PM and participants are prohibited from wearing masks.
In its letter, the ACLU-DE outlined how the regulations violated free speech and assembly rights. For instance, requiring 36-hour notice with no exceptions limits the public’s ability to respond to fast-breaking news and current events. There is also long-standing U.S. Supreme Court precedent protecting the right of protesters to maintain their privacy and anonymity by wearing face coverings or masks.
“This ordinance is an obvious and unconstitutional attempt to silence protesters by creating burdensome restrictions on their speech and assembly,” said ACLU-DE legal fellow Jared Silberglied. “Introducing administrative hoops for people to jump through, on top of financial obligations with vague fees, is not honoring the First Amendment rights of the people of Ocean View. People should be able to express themselves publicly without this kind of interference.”
The ACLU-DE's full letter to the Ocean View Town Council can be read below:
