Attorney: Possible Questions with Resolution

The resolution by the City of Paducah, dealing with the Veterans Day Parade could, in certain situations, have some constitutional questions.

Mayor Pro-Tem Richard Abraham, questioned the resolution as to it possibly violating the First Amendment. The resolution has resulted in determining which flags can or can't be flown in the parade. 

Louisville constitutional attorney, Michael Abate, spoke with West Kentucky Star on Tuesday, and pointed out that the resolution does not clearly specify situations that violate the constitution. However, he added, if the city uses the resolution to allow certain groups, including their flags, into the parade, and exclude others because they disagree with their message, such a situation could result in a violation of the constitution.

Abate also explained that being a public event, sponsored by the city, all groups can be allowed to participate, as contrasted with a private event, which can limit participation. He also said that to determine if a constitutional right has been violated, it would have to be determined in court, with the proceeding being initiated by the group that feels they have been discriminated against.

Abraham wanted to make sure that the city, in using this resolution, is not violating First Amendment rights. The vote to rescind the resolution failed on a 1-3 vote at the last Commission meeting on January 22nd.