POLICE GET MORE LATITUDE IN CONTROLLING PARADES

Although the parades law approved Monday by the Cape Girardeau City Council didn't include a "de-hooding" ordinance or specific regulation of "rallies," local NAACP members appeared satisfied with the measure.

The council unanimously approved the ordinance that will give city police more latitude in regulating parades.

And although Debra Willis, community action chairman for the local National Association for the Advancement of Colored People, urged the council to include rallies in the activities regulated by the parades ordinance, city officials doubted such a measure would be constitutionally valid.

Willis told of a recent Ku Klux Klan rally in Wisconsin that left six police officers and a woman bystander injured.

"The incident in Wisconsin was called a rally, and, according to the ordinance as it is now, a rally isn't included in it, which tells me it's not going to be regulated," she said.

City Attorney Warren Wells said the ordinance could be amended to include rallies on public property, but council members feared such a measure would be too broad and would unnecessarily restrict any group.

Wells also said he doubted the city could legally restrict any groups from gathering on public property. He said the city could prohibit conflicting groups from meeting at the same place simultaneously and could regulate times for activities, but would be unable to restrict public access to particular groups.

"Public property that we traditionally use for expression of citizens' views are open to everybody," he said. "We can't have control over the words spoken, or the groups wanting to do that.

"We could have a permit requirement, but the criteria to limit permits would be very limited."

Police Chief Howard Boyd Jr. said that the police department could sufficiently regulate groups such as the Klan without a "rally" amendment to the parades ordinance.

He said that law would already give him authority to regulate gatherings that could incite violence or a public disturbance. "I could end up in court, but I'm willing to go to that length," Boyd said.

In other business Monday, the council voted 5-2 to table a recommendation by the city staff and the Airport Advisory Board to endorse the U.S. Department of Transportation's Essential Air Service (EAS) subsidy proposal for Cape Girardeau submitted by Lone Star Airlines of Fort Worth, Texas.

Spradling and Wulfers voted against tabling the measure while the city staff asked for a 10-day extension from the DOT, while Mayor Gene Rhodes and Councilmen David Limbaugh, Melvin Gateley, Melvin Kasten and Doug Richards voted for the delay.

Phil Mishk, the director of marketing for Trans World Express the airport's current commercial carrier, which provides service between Cape Girardeau and St. Louis, attended Monday's meeting.

Mishk asked the council to reconsider the recommendation, which would essentially force TWE to terminate service in Cape Girardeau.

"If we do not get the EAS recommendation from the city of Cape Girardeau, Trans World Express will have to vacate the city," he said. "We think the down side is very, very negative."

Mishk said Lone Star, which has proposed dual-hub service to St. Louis and Memphis, Tenn., would serve less people and would charge higher fares than TWE.

He said TWE benefits from a marketing agreement with Trans World Airlines in St. Louis, which results in lower fares to some TWA destinations. Lone Star has no such agreement with an airline.

The council will discuss the matter further with the Airport Advisory Board. If the extension isn't granted by the DOT, a special council meeting will be held next week prior to the current deadline.

Airport Manager Mark Seesing said Monday the city staff and airport board think Lone Star's dual-hub proposal would most benefit the city in the long run.