Last week, residents of Columbus, Kansas, planned a cruise night to honor High School seniors amid the COVID-19 crisis. However, the city administration issued an order stating, "the activities of cruise nights, car cruises and/or car parades will not be allowed in the City of Columbus."
Residents were also informed that Columbus City Police had the authority to enforce non-compliant activities.
Samuel G. MacRoberts, litigation director and general counsel for Kansas Justice Institute sent a letter to the city on April 9, noting that the city's order to prohibit car parades or cruise nights was worded in such a way to prohibit a family driving down the street with their windows open and playing music.
"This raises First Amendment issues. The City of Columbus had no business preventing families from driving down Main Street on a cruise night, so long as social distancing was observed. Courts have been clear for nearly a century: prior restraint of speech is presumed invalid", said MacRoberts. I'm glad the City changed course, not all do", said MacRoberts.
On April 9, the day before the planned cruise, the Columbus City Council met in special session for more than an hour to discuss the event.
The City of Columbus then issued a new statement notifying residents that although the event was not encouraged, it would be allowed.
A second letter sent by KJI confirmed the City of Columbus was no longer prohibiting parades.
"I'm glad the city changed course. Not all do. Most dig in and fight the indefensible. I credit their leadership for making the right decision," said MacRoberts.
"At this time, we're seeing more and more local governments crossing the constitutional line. That's unacceptable, even during a pandemic."
