The city of Durango is allowing free speech installation permits in parks, a victory for those who created the Black Lives Matter memorial – and those who might oppose them.

Community members started creating the memorial, a collection of signs, personal items, flags and flowers earlier this summer as part of the nationwide Black Lives Matter movement. The city of Durango removed the memorial Aug. 24 in response to community pushback after weeks of letting its code violation slide. The move prompted Durango City Council to take a closer look at free speech policy in Durango.

“This is a hot button in our community,” said Mayor Dean Brookie. “This represents a big segment of people in our community, and I don’t think we can kick it down the road. It’s sensitive. People are hurting at this moment in time in our community.”

The original memorial at 12th Street and Main Avenue stood partially in the public right of way and partially in Buckley Park, which is owned by Durango School District 9-R and leased by the city of Durango. While city permits allow signs and materials during events, those materials must be cleared after the event, staff members said.

The memorial stood, largely undisturbed, for more than 10 weeks without a permit before the city enforced its code and removed it. Staff members stored the items, which can be picked up by their owners.

The “soft” approach was meant to avoid conflict while marches occurred in Durango and large protests swept the country, said Kevin Hall, Durango’s assistant city manager, in an interview with The Durango Herald.

“The last thing we wanted to do is further inflame hard feelings,” he said.

The lack of enforcement prompted community objections. Hall said he received up to 10 emails and voicemails. During Tuesday’s City Council meeting, two people opposed the memorial. They said it would be appropriate, not racist, for the city to remove illegal signage, and City Council was using poor judgment by lending credibility to the Black Lives Matter movement.

Eleven people spoke in support of the memorial, many emphasizing the memorial stood for equality and racial justice.

An organizer with the Southwest Movement for Black Lives Matter, who identified herself only as Tracy, said the memorial was a community project and did not come solely from the organization.

“It’s not about racism or division,” she said. “It’s literally about racial justice. It’s about equality and bringing community together and promoting inclusion and diversity in this predominantly white town.”

City councilors took on freedom of speech policies, equal enforcement and permitting options during their discussion Tuesday. They considered allowing the memorial to stay at Buckley Park through a code variance or permit, or moving it to an alternative location designated as a free speech zone.

They voted unanimously to give community organizers the option to use a temporary installation special permit for the memorial. The permits have been used for multiday art installations in the past.

“These are extraordinary times between COVID and issues around racial justice and systemic racism,” said Councilor Barbara Noseworthy. “The people of color that I’ve chatted with are expressing their hurt, and this location gives them a place of comfort.”

Several councilors wanted to make one point clear: If they allow the memorial to stay in place, then they will allow similar installations, even if they express conflicting views.

“Everybody’s got a First Amendment right until it incites violence or some other unfortunate activity,” Brookie said.

While the First Amendment protects free press, freedom of speech and freedom to peaceably assemble, dozens of court cases further qualify how that right is practiced in daily life. For example, the governments can regulate the time, place and manner of speech, but not its content.

Councilor Chris Bettin said he supported the Black Lives Matter movement and its memorial, and said organizers should be prepared for installations representing counter arguments.

“With this comes conflicting or differing views. And that is probably what makes a democracy difficult but also something that I’m proud to live in,” Noseworthy said.

Councilors also directed staff members to identify permanent location options where people could place free speech installations, like Durango Public Library or the Carnegie Building near 12th Street and East Second Avenue.

“We set policy, and we have to look at it from a higher level for equitable and fair treatment of all,” said Councilor Melissa Youssef. “I want to make sure we have policies in place that treat everybody equally.”

smullane@durangoherald.com