Former mayoral candidate faces court after Sandy Springs "No Kings" rally

A "No Kings" rally organizer who has run for Sandy Springs mayor twice is heading to court after police cited him on Saturday for violating his public assembly permit.

"One of the lieutenants walked up to us telling us we didn't have permission to be where we were," said Dontaye Carter, an organizer of the "No Kings" rally who lives in Sandy Springs.

Carter said the rally encouraged people to vote. A city record provided to CBS News Atlanta shows the city issued Carter a public assembly permit. A city letter sent with the permit stated the rally had to stay in a designated area shown in an attached Exhibit A. Carter's attorney said the group did not get that attachment.

"They sent all the documentation for the permit, and the appendix was not sent to the organizers," said Gerald A. Griggs, Carter's attorney and a well-known civil rights lawyer.

The citation said the permit covered the south parking lot near City Hall. It said about 125 people gathered instead on a public sidewalk area at two corners. One was the northwest corner of Roswell and Johnson Ferry roads. The other was the southwest corner of Roswell Road and Mount Vernon Highway.

Video shared with CBS News Atlanta captured the exchange between Carter and police.

"This is not saying that you can protest or anything like that, just that it was in violation of the city," said an officer in the video.

The footage also shows the group on the corner.

Carter said the citation reminds him of one written for his ancestor in 1828 for unlawful assemblage.

"And on mine it says that I was cited for violation of public assembly, very similar," said Carter.

Sandy Springs city code sets rules for public gatherings, including a ban on blocking access to public or private buildings. The citation said officers asked the group to move to the permitted area, but the group did not move.

CBS News Atlanta asked Emory Law professor John Acevedo to review the citation, the permit paperwork Carter received and video of the encounter.

"In the video we've seen, it appears police make a lawful request to move the protesters. That said, the protesters were clearly peaceful and clearly on was normally a public forum area, the sidewalk," said John Acevedo, a professor at Emory Law.

Acevedo said the city could argue Carter should have asked for Exhibit A.

"Constitutional rights say you have the right to protest. But there is something called time, place and manner restrictions that allow a city to place reasonable content neutral. So they have to apply to everyone, regardless of the subject of your speech. Those can be placed on protests," Acevedo said.

So, do you need a permit to protest?

"It's not absolutely necessary. Actually, anyone has the right to assemble and to protest," Acevedo said.

Acevedo said a large crowd most likely needs a permit. He said anyone planning a protest should ask their city or police early.

Carter is due in Sandy Springs Municipal Court on Dec. 16.

Sandy Springs responds to Carter's claims

In response to a request for comment by CBS News Atlanta, the city of Sandy Springs and the Sandy Springs Police Department shared a statement.

"The City recognizes and respects the right of individuals and organizations to engage in peaceful expressive activities on public property. Organized gatherings of this nature are subject to the City's Public Assembly provisions under Chapter 50, Article III of the Sandy Springs Code of Ordinances.

"Upon learning about the planned assembly on social media, City staff proactively reached out to Mr. Carter to advise him he must apply for a permit. Mr. Carter applied for the permit on October 15, and City staff expeditiously reviewed and approved the request on October 16, ahead of his event on October 17. Typically, our review process is a minimum of 15 days ahead of gatherings.

"Like all public assemblies at City Springs, the approval specified that the assembly needed to be convened in the South Lot for the safety of the applicant, participants and public. The assembly permit information also states that signs cannot be placed or held on the right of way of GA State Route 9 (Roswell Rd.) On the day of the gathering, the group assembled along the sidewalks on Roswell Rd. The officers asked the group to move locations, but they refused. The permit holder was therefore issued a citation, pursuant to the code."

A spokesperson for the city said police have issued 34 permits for assemblies at City Springs in the last two years and have received no previous complaints about the location requirement.

"There have been no other citations for unlawful assembly going back to 2021," they said.