05/07/1980 Meeting - Laserfiche WebLink

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reasons. Mr. Haws asked if the City would be liable for damage costs if ~ the parade was sponsored by an indigent group. Mr. Sercombe said that it ~ would depend upon the individual case, but if the City was found to be negligent then the City would have to absorb the costs. Mr. Obie asked if the City would be more liable or less liable if there were no requirements for a permit at all. Mr. Sercombe responded this is in a state of flux right now in the courts. The City's liability might be less with no permit system, but there are risks in that as well. Mr. Keller stated that on page 2 of the Rules where "hold harmless" agreements are referred to, he remembered in the past these agreements were not upheld in court. Mr. Sercombe stated that in some circumstances the negligence could be passed on for some types of events, but that in other cases the City would be held liable; again, it would depend on each situation. Mr. Keller asked if the intent is to have the City IIbuy Offll on its liability when the applicant is indigent, and who would be liable. Mr. Sercombe responded that if the City was found liable, and a person had signed a IIhold harmlessll agreement to pay for damages, then there would be a means to recover costs from assets from the applicant. Mr. Keller stated that he understood that the individual would sign an affi- davit saying that he/she did not have assets enough to buy insurance and wanted to know how the City could then recover costs. This seems to be a discrepancy. Mr. Sercombe replied that if the affidavit is correct, the City would be hard pressed to recover costs, but sometimes one might not tell the truth or acquire assets later which could pertain to the IIhold harmless" agreement. Mr. Keller asked why the need for an affidavit. Mr. Sercombe responded that in most cases the person would be e telling the truth on the affidavit. Ms. Miller stated that while it is worthwhile to keep in mind the City's liability, the City does not automatically become liable for people who riot and cause property damage or injury. The City would have to be found negligent in order to be found liable. Also, there is not a history of problems with injury or property damage in this City. The First Amendment right to assemble is being discussed here. She stated that she feels that if people cannot afford the requirements in these rules, it would be appropriate for the whole population to bear the cost since it is a Constitutional right. That is one of the costs of democratic government. She indicated she would like to propose some additions. Mr. Keller asked how many parades have been approved. Mr. Larion responded that 14 parades were approved in 1979. He is not certain how many have been allowed for 1980, but thinks around 20. There seems to be no consis- tent pattern as to how many applications there will be; it depends upon the general kinds of issues occurring. Mr. Keller asked how many applica- tions have been rejected because of their inability to afford insurance or police protection. Mr. Larion responded that none have been rejected but there have been some cases where they have negotiated for alternative routes or other kinds of things to reduce the City's liability. . 5/7/80--8