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.

CBS News Atlanta reached out to the City of Sandy Springs and the Sandy Springs Police Department multiple times about the permit and citation but has not received a response as of this publication.