National Park Service scraps proposal to charge fees for D.C. protests

Facing pushback from civil rights groups and others, the federal government is withdrawing proposed regulations that would have created fees for obtaining demonstration permits for First Amendment events on the National Mall, the area around the White House, and public spaces in the District that are managed by the National Park Service (NPS). NPS announced the decision Monday, more than a year after the rules were originally floated in August 2018.

More than 140,000 comments about the proposal were submitted. “The National Mall and President’s Park are regarded as premier civic and symbolic spaces in our nation, and the volume and complexity of permit requests has increased dramatically over the years,” NPS points out in a release. “The intent of the proposed revisions was to maintain the public’s opportunity to hold special events and right to demonstrate while outlining clear parameters that protect the iconic landmarks, views and grounds for use and enjoyment of citizens and visitors from around the globe.” In recent years, requests for protest permits have increased.

In a statement, Arthur Spitzer, the legal co-director of the ACLU’s D.C. chapter, said NPS “was wise to respond to the massive public objection to its proposed rules and to recognize that its primary responsibility is to the Constitution.” ACLU-DC organized against the idea, arguing it was unconstitutional and getting tens of thousands of people to submit comments.

Now, nothing in the existing regulations will change, per NPS. The federal government had also proposed restricting demonstrations at certain memorials, including the World War II Memorial, the Korean War Veterans Memorial, and the Martin Luther King, Jr. Memorial, “to preserve an atmosphere of contemplation.” NPS said the fees would fund security costs.

This post has been updated with comment from the D.C. chapter of the ACLU.