CUMBERLAND — When City Councilman Eugene Frazier said he wanted a proposed ordinance to be tabled for a couple more weeks, he received vague and conflicting responses on whether that could happen.
Frazier took the stance Tuesday at a public work session where he said a vote on the law — which deals with permits for events and parades including marches — should be postponed so that city officials could collect and consider public input.
At that time, Cumberland Administrator Jeff Silka said procedurally, the proposed law couldn’t be tabled “for x amount of time.”
But Cumberland Solicitor Michael Cohen said the city has a more relaxed way of conducting business.
“We fly pretty loose on Robert’s Rules of Order,” he said of the parliamentary procedure followed for several decades by organizations across the U.S. including local governments, nonprofit boards and church groups.
Frazier, like a growing number of area residents, said the ordinance threatens free speech and contains unreasonable stipulations including permit fees, insurance costs and penalties for violations.
The law’s definition of “parade” includes a march or procession, a special event covers one “expected” to draw more than 50 people or involve sound amplification, and a small event involves one hosted by a community group.
Councilmen Brian Lepley and Jimmy Furstenberg said the ordinance follows a similar one enacted years ago and doesn’t pertain to First Amendment rights.
“I disagree,” Frazier said.
Despite Frazier’s objections, Cumberland Mayor Ray Morriss, Lepley and Furstenberg passed the ordinance. Councilman Rock Cioni was absent from Tuesday’s work session and subsequent meeting.
Protest heldAccording to the ordinance, permit applications must be submitted at least 30 days before the scheduled date of the event.
That requirement would have made a protest against the ordinance — held outside City Hall Tuesday moments before the law was passed — illegal, many folks said.
Roughly a dozen people marched with signs that included, “Protect your free speech here, now.”
Cumberland resident Janet Heavner said the ordinance is “a threat to free speech.”
Ellen McDaniel-Weissler, of LaVale, said the ordinance violates First Amendment rights that “were already bought with blood, sweat and tears.”
The law bows to the city administrator’s discretion but provides “no accountability (and) can be as biased as they want it to be,” she said.
Frostburg resident Kit Pepper said the law doesn’t exclude peaceful protests, which “creates a lot of chaos and distrust.”
“We should not have to pay to speak freely and assemble,” said Cumberland resident Frank Asher. The ordinance “needs to be clearly defined … I want it revisited.”
‘Cherry picking’Tuesday’s protest and city meetings illustrated a disconnect between what the ordinance states versus how city officials said they interpret and will implement the law.
Morriss has maintained the ordinance “is almost identical” to its longstanding predecessor, however, what was passed Tuesday states city staff members recommended “changes to every section” and “the ordinance must be repealed in its entirety and reenacted.”
While Morriss said he, Lepley and Furstenberg would allow small peaceful protests in the city to happen without violating the ordinance, critics of the document weren’t satisfied with the mayor’s verbal promise and insisted language in the law be clear.
They said the mayor, councilmen and administrator could be replaced, which would open the law to new interpretations and enforcement.
Ila Steelman, Downtown Development Commission board member and Cumberland business owner, spoke at Tuesday’s public meeting against the ordinance.
“I’m looking for clarification,” she said of the law that leaves room for “cherry picking.”
‘Outraged feedback’Passage of the ordinance prompted a growing backlash and series of actions.
A Change.org petition that asked for the ordinance to be repealed showed nearly 300 signatures Wednesday.
“The First Amendment guarantees the right of the people to assemble and express their views without undue government interference,” it stated. “This ordinance creates multiple obstacles that make exercising that right unnecessarily difficult.”
A protest is planned for 4 p.m. Thursday at the corner of Baltimore and Mechanic streets in Cumberland.
“We are receiving a lot of outraged feedback from both sides of the political aisle,” McDaniel-Weissler said and added several people contacted the American Civil Liberties Union and other organizations that protect free speech.
Some national media was informed about Cumberland’s approval of the ordinance, she said.
No livestreamCumberland like many other municipalities across the country livestreamed its business meetings during the COVID-19 pandemic.
Today, most area government bodies continue to livestream their meetings, but Cumberland’s mayor and City Council isn’t one of them.
Although livestreaming is not a legal requirement, several folks on Tuesday said it shows an organization’s willingness to be transparent, allows people who can’t physically be at a meeting to follow it, and adds a healthy viewing option for people who want to avoid germs.
Local government bodies that livestream public meetings include Frostburg mayor and City Council, Allegany County Board of Commissioners, Garrett County Board of Commissioners, the Allegany County Library System and Allegany County Public Schools.
Silka on Wednesday said the city records its public work sessions and meetings.
However, anyone who wants to access the recordings must file with the city a request under Maryland’s Public Information Act.
Tax dollarsCumberland officials regularly use tax dollars to pay for the mayor to talk on WCBC radio — a privately-owned business — at a rate of $300 per hour.
The WCBC website states it features nationally recognized conservative talk show hosts including Glenn Beck, Sean Hannity, Mark Levin, and Bill O’Reilly.
Silka on Wednesday said the city pays WCBC $150 per 30-minute broadcast for two 30-minute slots per month.
During fiscal 2025, the city paid $3,600 to WCBC for the broadcasts.
In fiscal 2026, “two broadcasts per month are budgeted for a total of 24 sessions,” Silka said.
Additionally, Cumberland officials paid for and posted on the city’s website an advertisement for WCBC’s “The Dave Norman Show.”
“The spot was $125,” Silka said and added the radio station livestreamed the city’s Comprehensive Plan meeting in July “at no cost.”
Some Cumberland residents said they don’t want their tax dollars to pay the radio station.
“That’s the Good Ole Boy’s network,” Asher said.