CHAPIN, SC – The Town of Chapin is pleased to announce that the dispute with Town resident Earnest Giardino has been resolved by agreement between the parties.
Mr. Giardino was concerned that a prior ordinance of the Town that addressed picketing, parading, marching, and demonstrations, restricted his First Amendment right to free speech and the free exercise of his religion by requiring a permit in advance for such activity. That ordinance did not concern itself with what was on a sign – religious, political, sports, or any other topic; and the text of a sign was not required in the application process. Rather, the ordinance was intended to allow the Town to consider and manage issues of safety on and public use of often-narrow and heavily-traveled rights-of-way between and along streets and private property.
The Town has always been and remains fully committed to the First Amendment right of Mr. Giardino and all its people to freely exercise and proclaim their religious beliefs in public and private. At no time did the Town under the old ordinance deny a permit to Mr. Giardino (who applied for and received more than 20 permits) or to anyone else to hold signs proclaiming their religious or other beliefs, nor did the Town issue a citation to or impose a fine on Mr. Giardino or anyone else displaying a sign without a permit.
Although the Town disagrees with many of the allegations by Mr. Giardino, in order to improve the ordinance and to avoid any misunderstanding about undue imposition on the exercise of First Amendment rights, the Town had already begun considering revisions to the old ordinance before the lawsuit began, and completed that process by repealing the old ordinance, replacing it with a different program, in September. With the agreement between the parties, the Town is now able to move ahead with this issue in the rear-view mirror. By the agreement, the Town will not enforce the now-repealed old ordinance, will pay Mr. Giardino $1 in damages, and will pay a portion of Mr. Giardino’s legal fees.
The Town appreciates the assistance and cooperation of Mr. Giardino and his attorneys in reaching an agreement that resolves his concerns and allows the Town to simultaneously protect the safety and First Amendment rights of its people.
