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The crowd on St. Martinville's South Main after a Mardi Gras parade.

Judge rules Mardi Gras parade permit invalid

Suggests both parties 'Look to the future.'
Ken Grissom

Applying what she called a legal Catch-22, U.S. District Judge Rebecca F. Doherty ruled Monday that a Mardi Gras parade permit issued by the City of St. Martinville is invalid because the ordinances under which it was issued are unconstitutional.
It was both a victory and a defeat for the plaintiff, the Newcomers Club of St. Martinville, which had sought to prevent the city from revoking the permit because of flaws in the enabling ordinances.
A hearing in the request for a preliminary injunction – and for a writ of mandamus aimed particularly at St. Martin Sheriff Ronny Theriot – was held Monday afternoon in U.S. District Court here.
Doherty agreed with the Newcomers – and with the city, which stipulated to the complaint – that the city’s laws regarding permit issuance and revocation contained “impermissible vagueness and vested too much discretion by administrative parties.”
In this instance the ordinances violated the First Amendment to the Constitution with respect to freedom of assembly, she said.
However, there are two sides to the coin, Doherty said.
“Consequently, the permit must fall as well,” she said.
Speaking to both plaintiff and defendants, Doherty said, “I suggest you use this time to determine whether you want to have a parade or not. I suggest you look to the future.”
The case was decided strictly on its legal imperatives with no consideration of the factual issues involving crowd control during the popular parade, which had been scheduled for Sunday, Feb. 7.
Doherty did not rule on the request for a mandamus, essentially an order form the court that the sheriff do his job. She noted that the sheriff’s public safety responsibilities do not extend into the city limits, and that any contract between Theriot and the city, if challenged, would be a matter for a state court.
Mayor Thomas Nelson and the City Council were represented by Allan Durand, city attorney. Lafayette attorney Robin McGee represented Theriot. The Newcomers were represented by Baton Rouge attorney Shone T. Pierre.

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