Porter County approves one-day permit for May 1 courthouse rally after debate on time, place and manner rules

The Porter County Board of Commissioners on April 22 approved a one-day permit for a rally on the south side of the Porter County Courthouse on May 1 from 12 p.m. to 2 p.m., following extended discussion about public-safety staffing, short notice and legal limits on regulating speech.

The request was made by organizers of NWI Activists, who said they often learn of nationwide actions only days before events and struggle to meet the county’s permitting timeline. Lisa Kaffenberger, who identified herself as “the leader of NWI Activists,” said organizers want to work with county staff but sometimes cannot provide the three-week notice the county prefers. “We don’t always have the 3 week lead time that we need … So as soon as we find out, we’re trying to put the permit stuff in,” Kaffenberger said.

County Attorney Scott McClure told the board that the county may regulate “time, place, and manner” of assemblies under First Amendment jurisprudence, but any regulations must be content-neutral and tied to public-safety concerns. “Local governments can regulate when, where, and how … under time, place, and manner,” McClure said. He added there is not a recognized “breaking news exception” to permitting and that the authority to permit the courthouse grounds rests with the board, not law enforcement.

Sheriff Fafner and county staff described operational impacts. The county’s public-safety and finance staff warned that frequent unplanned rallies create overtime and staffing pressures. Sherry Balan noted the “cost to taxpayers” of providing officers and the need to plan for overtime and coordination with Valparaiso police, which often supplies additional officers. “We need to have open communication with the people that are organizing these events … so we can say, ‘Okay, how many plan on to have? How big are the numbers?’” Balan said.

Commissioners discussed two possible accommodations: allowing permit applications to request multiple dates in advance or designating a single commissioner to field late-notice requests and decide whether an event can proceed. Several commissioners expressed concern about fairness and administrative burden if exceptions were made repeatedly. The board ultimately moved to approve the specific May 1 request with a condition that organizers stay on the south side of the courthouse and be “cognizant of the fact that we have business going on in the building.” The motion passed on a voice vote.

The board said it will schedule a follow-up meeting with organizers, a commissioner and the county attorney to try to craft clearer procedures for short-notice events while balancing safety, access and fairness. Organizers were told to consult Scott McClure for legal questions and to coordinate with the sheriff’s office about on-site arrangements.

Votes and formal directions from the discussion included the May 1 permit approval and a direction to schedule a follow-up meeting to try to clarify permit procedures and staffing expectations.