Federal judge rules Philadelphia can ban Mummers and other parades during pandemic

During the summer of 2020, the mayor of Philadelphia directed city officials to refuse permits for public events with more than 50 people. On Oct. 30, would-be parade participants sued the city of Philadelphia for infringing on their First Amendment rights, claiming the city was treating parades more harshly than it had treated Black Lives Matter protests. The suit took on a renewed sense of urgency during the time leading up to New Year’s Day, when Philadelphia typically hosts its famed Mummers Parade. But a federal judge ruled in December that the city government was acting within its powers to refuse permits for large-scale events.

Key Players

Mayor Jim Kenney (D) of Philadelphia imposed restrictions on permits for large-scale public events as a precaution against the spread of COVID-19 in the city. The directive was imposed in the summer of 2020 and remained in effect into the start of 2021. 

Philadelphia Vietnam Veterans Memorial Society is a group that traditionally takes part in the Mummers parade on New Year’s Day, a folk celebration in which different Mummers clubs parade around the city in elaborate costumes. The group filed a request for a preliminary injunction in October 2020, asking that the court force Philadelphia to issue parade permits. 

Further Details

Kenney imposed gathering restrictions in response to the COVID-19 pandemic long before the traditional Mummers Parade was scheduled to take place. But even with the restrictions, the city still saw large protests over the summer in response to the police killing of George Floyd and nationwide calls for racial justice. 

The Mummers Parade has been held annually in Philadelphia for more than a century, and it is one of the oldest folk festivals in the United States. Despite controversies involving blackface and other potentially offensive costumes, parade participants have generally avoided explicitly addressing politics. The debate over coronavirus lockdowns brought a newly political dimension to the festivities, with Mummers taking stances on both sides of the issue. Some acknowledged that, while the parade cancellation was disappointing, saving lives and dealing with the pandemic mattered more. Others bemoaned the perceived high-handedness of officials imposing restrictions on a beloved tradition. 

The city’s top federal prosecutor, U.S. Attorney William M. McSwain, who was appointed in 2018 by former President Trump, supported the lawsuit to force the city to issue permits; the veterans’ group’s request for an injunction to overturn the restrictions was filed by the law firm where McSwain had previously been a partner. 

On Dec. 23, 2020, U.S. District Judge Nitza Quiñonez-Alejandro denied the request to force the city to issue permits. She sided with the city, acknowledging that restrictions on large gatherings were a key tool in trying to control the pandemic for local governments across the United States. 

Outcome 

Both sides declare victory after court ruling

After the judge denied the request for an injunction, city officials celebrated, with a spokesperson for the mayor saying the ruling “reaffirms the city’s ability to curb the spread of COVID-19 by placing reasonable restrictions on large outdoor events and gatherings.”

Meanwhile, McSwain also used the decision to declare victory, arguing that “the lawsuit has achieved its purpose: The court has now confirmed that the city has abandoned its unconstitutional policy of favoring protests over constitutionally protected speech, like parades.” McSwain and other opponents of the restrictions noted the ruling’s mention that some of the initial restrictions had already been rescinded — and most importantly that law enforcement was not dispersing gatherings, even when they occurred without permits. 

Protest parade attended by some Mummers, even as official parade is canceled

With the official Mummers Parade down Philadelphia’s Broad Street cancelled, some Mummers organized an alternate event called “New Year’s Day Peaceful Protest Against Mayor Kenney.” Most of the official clubs responsible for organizing the Mummers Parade distanced themselves from the march, urging members to stay home and sit out the protest parade. Some even claimed that many of the people organizing the protest parade were not “real” Mummers and were simply using the tradition as an excuse to air their political views and flout restrictions.