BARTOW - Another holiday season has rolled around, and another showdown over free speech is looming in Polk County.
County officials are expected to decide today whether to approve or reject an application from the American Civil Liberties Union to use a new free-speech zone outside the county administration building.
The ACLU's application does not include the county's required $500,000 insurance policy, which has been a controversial element of the new zone, created after a flap arose last year about this time.
"It is a test of the policy," said Rebecca H. Steele, director of the ACLU's West Central Florida office in Tampa. "From the research I've done, the $500,000 insurance requirement is too onerous. ... It's an unconstitutional chilling of free speech."
The ACLU may challenge the issue in court if the application is rejected, Steele said Thursday.
County Attorney Joe Jarret said he expects to make a decision on the ACLU's application today.
The First Baptist Church of Bartow, which set off last year's free-speech skirmish by erecting an unauthorized nativity scene on county property, also has submitted an application to use the free-speech site. It was not clear Thursday whether that application included the $500,000 insurance policy. Calls to the Rev. Ron Burks were not immediately returned.
After pitched public debate, and the appearance of several other displays, county commissioners voted 4-1 in March to create the free-speech zone and approved a policy prohibiting profanity, pornography or commercial speech in any display and requiring the $500,000 insurance policy.
Officials say the insurance protects the county from liability, but critics say the requirement makes it nearly impossible for most applicants to use the site.
"It's very difficult for organizations that are not large organizations to come up with that kind of insurance," said Steele.
The ACLU wants to set up a display on Dec. 15 to mark the anniversary of the signing of the Bill of Rights.
