Commissioners Stand By County Executive’s Authority to Revoke Gazebo Permit

Commissioner Gayle Jones (District 3) passed out email communications between her and a representative of the County Technical Assistance Service (CTAS) concerning Stowe’s revoking the permit for the Courthouse Gazebo for June 3.

Jones said the correspondence explains to the CTAS representative the situation concerning the gazebo as she understands it: “Our county executive gave permission to a lady, Ms. Guthrie, to use the gazebo on county property. The date for the permit is the same day as the pride parade. (The city grants permits for parades, not the county). The county executive followed the usual protocol in giving Ms. Guthrie permission to use the gazebo. But now the county executive has revoked permission citing safety.”

Jones’ correspondence goes on to state that she understands that “Ms. Guthrie will file a lawsuit” and that county commissioners were not informed about the revocation of the permit until after it was revoked. Jones added that Guthrie’s concern is her first amendment rights, asking if Stowe had the legal right to revoke the gazebo reservation. She also asked what, if any, role commissioners could play in fixing the situation.

“It’s feasible we may be sued by both sides,” her correspondence states.

The correspondence Jones provided indicates a CTAS attorney recommends decisions follow policy, but several commissioners in attendance noted that the county does not have a policy and had specifically chosen not to continue with developing one until the June 3 event is over.

Stowe reminded those in attendance at the legislative committee meeting that he did nothing unilaterally, but worked with the county attorney, sheriff and city law enforcement and officials. He cited the Klan vs. King ruling that resulted in the City of Pulaski’s current parade permit process 30 years ago as precedence.

Commissioner Matt Rubelsky (District 5) defended Stowe, saying the county executive made a decision in a leadership role considering the safety of the people of Giles County.

“He’s looking for the betterment of everybody in Giles County. He’s trying to protect everybody,” Rubelsky said. “He’s given that area to our sheriff’s and ambulance department, allowed her to go through and have it on any other public property if she wanted to or have it the day before or the day after or anything like that. He’s not taking liberties away from her. There was an issue or concern that there was possibly going to be harm that could happen — we’ve had shootings and other things like that. All of our responsibility is for the betterment of Giles County and protecting everybody.”

Rubelsky said he has told Guthrie she found a loophole in the system, adding that any issue with a gay pride event should be taken to City of Pulaski officials.

When asked which party, the Giles County Inclusivity Coalition or Guthrie, had received permission first, Stowe said on one day the GCIC was granted permission for a parade by the city and the next day he got a call for the gazebo.

“I support him,” Commissioner Terry Jones (District 2) said. “I’m a veteran and fought for everybody’s rights, straight or gay. I don’t want to see anything steering any way toward not letting gays have it, because next time it might be church groups.”

Longtime Commissioner Roger Reedy (District 4) said traditionally the use of the Courthouse and grounds has been controlled by the county executive, here and in other counties.

“This has all the earmarks of wanting to create a newsworthy primetime event,” Reedy said. “All it does is gets us on the news and interfere with our recruiting efforts to bring business to Giles County.”

Gayle Jones said it’s really about the first amendment.

“As the inclusivity group has the right to express, so do the Guthries to occupy the gazebo because they had gotten permission,” she said. “I don’t think safety concerns overrides the first amendment.”

“And you can’t reserve the gazebo without stating your intent for the gazebo,” Stowe responded.

Most of the commissioners in the meeting who spoke said they believe Stowe had the authority to revoke permission for the gazebo, including one commissioner who noted he doesn’t agree with the revocation.

Ultimately commissioners asked if County Attorney Chris Williams, who Stowe has worked with on the gazebo issue, could submit his opinion to them.

Stowe informed commissioners that his office is currently communicating with Pulaski City Hall to ensure no other similar situations arise until a policy for Courthouse and grounds use is created.

“We are handling it with a phone call,” Stowe said. “We call the city and they are doing the same. We are not ignoring it. We are trying to deal with it.”