Tea Party Protesters See Viewpoint Hostility in Richmond's Pursuit of Protest Fees and Taxes

As the Christian Science Monitor reports, Tea Party protesters recently sought a refund of $8,500 in fees charged when they used a park later used at no charge by Occupy protesters.  The city replied to the Tea Party refund request by notifying them that they would be audited to determine if the group failed to pay applicable local taxes on food and ticket sales relating to their event. Tea Party members allege that the differential fee assessment reflected viewpoint hostility and that the audit represents retaliation for their refund request.  The city denies that any improper motivation for the audit, saying that a routine review process identified that the Tea Party as well as 700 other groups and businesses paid no excise taxes for admissions, lodging, and meals in 2010.  

The constitutional implications of imposing or waiving charges and fees relating to protest activities remain murky for local governments, but this topic may be more carefully scrutinized as costs associated with recent Occupy events mount.  The Monitor cited an AP report that taxpayers have had to absorb $13 million in Occupy protest expenses since September 17. For example, Richmond has paid $7,000 for portable toilets and other services needed during a two week Occupy encampment in the city’s Kanawha Plaza.

JFB