A yearlong attempt by the Fourth of July Committee to ban political and other speech that some bystanders might find offensive from the town’s annual parade came to an end last Thursday.
In a 3-0 vote, the committee approved a code of conduct that would allow it to remove an entry from the parade if it determines the entry is “unlawful,” but not for other behavior or speech the committee might find offensive. The revised document also removes any limit on the number and types of signs that participants may carry. (See sidebar, page 3.)
This latest draft incorporates the recommendations of Town Counsel Mark Lanza and is scheduled for discussion at the April 30 meeting of the Select Board. Its adoption could bring an end to the committee’s long-running dispute with the League of Women Voters of Harvard. But that remains to be determined.
The league has argued for nearly a year that banning speech of any kind at a public event is unconstitutional, a violation of First Amendment rights. Moreover, the league says its rights were violated last year when the committee demanded that members not display a sign critical of the Supreme Court’s decision to end the right to an abortion established by the court’s 50-year old ruling in Roe v. Wade.
The code of conduct—and the policy requiring parade participants to follow it—was adopted in response to complaints the committee received in 2022. The code was drafted by outgoing chair of the Fourth of July Committee Anne Hentz and approved by the committee’s three appointed members, Hentz, Chris Connors, and Christopher Chalifoux, a week or two before last year’s parade.
The code required that participants “refrain from using the parade as a platform to promote any specific agenda.” This included, the policy said, “using slogans, displaying signage or distributing literature supporting or opposing any specific governmental policy, ideology, political party, candidate, or elected official that could be reasonably considered demeaning, discriminatory or harassing behavior or speech deemed inappropriate.”
Removing unconstitutional restrictions
A revision of the code, which was presented to the Select Board April 2, proposed additional language giving the committee “sole discretion” to remove entries if committee members deemed them “obscene, vulgar, defamatory, offensive to local community standards, or otherwise considered to be inconsistent with the standards, theme, quality or purpose of the parade.” In his review of that version, attorney Lanza told the committee that none of those restrictions were constitutional and should be deleted.
As the committee prepared to vote Thursday night, league member Colleen McFadden, who was present in upper Town Hall for the in-person meeting, asked why the code was necessary at all.
“We are hoping that simply having a code of conduct … as vague as it is, will keep people from … just doing stupid stuff,” replied Chalifoux.
“Has that ever happened?” asked McFadden.
“No,” answered Chalifoux. “But have you seen what’s in the news these days? It’s getting worse and worse out there. I hate to say it.” Chalifoux said many people in town have told him they want a Fourth of July parade that celebrates “our town, our state, and our country.” He said the committee hopes the code will communicate to parade participants that what townspeople desire “is a day of positive celebration.”
In an exchange of emails with the Press, league president Stephanie Opalka said that the league could live with the revised code, but had not actually seen a final copy. “We have an inherent distrust and fear that the overly broad language allowing unlawful dismissal would still target the League,” she said. The league would prefer, she said, that the code be dropped entirely.
The Press has also requested a final copy of the code on at least three occasions since last Thursday. But as this issue of the paper was being prepared, committee Chair Chalifoux had yet to respond.
Discussion of the code consumed roughly 15 minutes of the committee’s time Thursday night. Following their vote, Chalifoux, Rosemary Outlette, and Molly Sinkewicz, and nonvoting volunteers Pam Marston and Connie Barton turned to the preparation of this year’s Fourth of July festivities—from antique cars to three-legged races—now less than 10 weeks away.
Parade Participants’ Instructions, Rules, and Code of Conduct (Revised)
Decorations and Signs
Parade entries may have decorations of any size. This could include large banners or signs.
General Rules & Codes of Conduct
The town of Harvard and the 4th of July Committee reserves the right to refuse an entry into the parade if it determines that the entry is unlawful. Entrants who are denied entry may appeal the decision to the Select Board and Town Administrator.
Participants are responsible for maintaining order and responding to any order by parade officials or law enforcement personnel relating to their entry. Failure to comply will eliminate participation of the entry. Parade entries agree to abide by all rules, instructions and decisions made by parade officials or law enforcement personnel. Failure to abide by rules, instructions and decisions are grounds for removal from the parade.
