The county says that property-transfer documents prevent political speech at the park, but according to FIRE, the first amendment says otherwise.
The 10th annual Dauphin County BrewFest was held at Fort Hunter Park on July 16, 2022, a little more than a month after the 'Proudly PA!' event that led to a lawsuit took place. Vicki Vellios Briner | Special to PennLiveTwo third-party candidates are taking Dauphin County to court, arguing the county violated their First Amendment rights by preventing them from participating in political speech at Fort Hunter Park.
Stebbins cited the park’s property-transfer documents, which they say prohibit the park from ever being used for political activity. “Streets, sidewalks, parks, and other similar public places are so historically associated with the exercise of First Amendment rights that access to them for the purpose of exercising such rights cannot constitutionally be denied broadly and absolutely,” Zeman and Fitzpatrick said, quoting the U.S. Supreme Court decision on Carey v. Brown.
However, Zeman and Fitzpatrick point out that the property-transfer documents prohibit the trust for the park from participating in political activity on the park, not the public.
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