Permit denial for ‘Ace Mace’ demonstration on Daniel Island upheld by federal judge

CHARLESTON, S.C. (WCBD) — A federal judge ruled Friday that the City of Charleston acted within the law when it denied a local group’s request to demonstrate against U.S. Rep. Nancy Mace (R-SC) during the annual tennis tournament on Daniel Island.

Three individuals — attorney William J. Hamilton, activist Louise Brown, and local pastor Thomas Dixon — sued the city and Mayor William Cogswell on behalf of the organization Lowcountry Up is Good, Inc., after its permit for an April 5 protest outside of Mace’s office was denied.

The group argued that by denying the permit, the city was infringing upon First Amendment free speech protections and sought a temporary injunction.

After an April 4 emergency hearing, Judge David C. Norton sided with the city, finding the plaintiffs had not met the “exponentially high standard” needed for the court to intervene.

“Not only has the City offered reasonable, content-neutral justifications for its decisions, it has also left open ample alternatives for communication by permitting plaintiffs to protest the following weekend in a different location approximately 100 yards away, where there is a sidewalk,” the judge wrote.

The group’s March 28 complaint—filed in the U.S. District Court of South Carolina—noted that the date was chosen because it fell during the “most significant tourism weekend of the year,” when the Credit One Charleston Open, Bridge Run, and Flowertown Festival are all happening.

Organizers said roughly 300 people planned to participate in the three-hour demonstration, which would have offered an opportunity for Lowcountry residents to express their frustration with Mace’s “lack of attention to her district and relevant federal legislative issues.”

The group submitted a permit application on March 18 as required by city ordinance.

The Charleston Police Department responded on March 25, partially denying the request. Instead of holding the demonstration on April 5, police proposed it be held the following Saturday, April 12.

Additionally, police proposed that the group position itself in the public parking spaces near Mace’s office on Island Park Drive instead of the area along River Landing Drive that the group had requested.

The city said the protest would present logistical and safety challenges because its timing coincided with several major events.

A city attorney told Judge Norton during the hearing that the demonstration would have required about a dozen police officers to ensure safety, and the department was already at maximum coverage because of the Bridge Run, tennis tournament, and regular patrols.

Hamilton argued that is exactly why the group wanted to hold the demonstration that day.

“I don’t believe that your freedom of speech, your rights as a citizen, should wait until when the Bridge Run and the tennis people and the tourism and real estate industry think it’s convenient,” he said. “I believe this community belongs to us first, and our rights matter first.”

The judge asked whether the city would have approved the permit if not for the Bridge Run, to which the city’s attorney affirmed it likely would have.

Norton acknowledged that in his final order, also noting that it was the first time the city had denied the group a permit in “dozens” of attempts.

Organizers said they plan to continue with the protest on Daniel Island but will limit to 25 people — the maximum number allowed without needing a permit.