A Fort Worth pile-up on the way to the parade

You can bet that Fort Worth officials weren’t on a charity run when they decided it would be a good idea to raise the cost of holding public events on public streets to $75 daily per block.

Every year, the Cowtown Marathon holds races of 3.1 miles, 6.2 miles, 13.1 miles, 26.2 miles and 31 miles. Granted, the longer events cruise partly through city parks, but all the races wind along blocks and blocks of city streets.

That’s the whole point, to give some 18,000 runners from more than 40 states a taste of Fort Worth. Even at $75 a mile, the marathon would have to pay thousands of dollars for a street-use permit instead of the old $150 fee.

Where’s the hospitality in the kind of fees that many of the 120 or so parades/walks/runs and 120-some festivals simply can’t afford?

Even though the potentially enormous new fee was tucked unassumingly into the 2009-10 budget, it’s being reconsidered while a volunteer committee develops recommendations for an ordinance regulating use of city streets.

And that’s a good thing.

Onerous restrictions on public events on public thoroughfares aren’t only unfriendly, they might invite legal problems.

Cities have a responsibility to protect public health and safety, but officials can’t unreasonably limit access to public streets, sidewalks and gathering places or arbitrarily favor some groups over others.

First Amendment guarantees mean the government can’t prevent people from assembling or speaking unless there’s a compelling reason to do so and restrictions are narrowly tailored. Groups can’t be excluded just because they’re unpopular, their events are unsightly or those attending don’t patronize local businesses.

At the same time, the public has an interest in the smooth flow of traffic and reliable public transit. Residents are entitled to the enjoyment of their property and businesses to the operation of their establishments without unnecessary encumbrances.

The city can impose reasonable rules, such as requiring a permit and a fair fee, controlling the times of events and even barring the use of dangerous locations.

The city could even require groups to pay their own way for things like traffic control, security and damages caused by their event. But prohibitive fees don’t seem so reasonable — or wise.

The $150 flat fee brought in $3,150 during each of the 2008 and 2009 fiscal years, according to Fort Worth staffers. The $75 fee was expected to generate an additional $35,000 if implemented.

City staff apparently based the $75-per-block-per-day rate on San Antonio’s. But other cities’ assessments vary widely.

Seattle, for instance, charges based on anticipated attendance and entry fees: A parade of up to 25,000 people, for instance, would pay $1,670, while a run that large would pay $5,060 plus 50 cents per entrant.

Minneapolis, on the other hand, charges $25 for a parade permit and $100 for a race, plus 50 cents per entrant.

In Houston, the permit for a "street function" is $50 and a parade is $250. Permits for amplified sound, food booths and propane use cost extra.

Cowtown Marathon Executive Director Heidi Swartz said she’s been told that city officials would honor the $150 fee that’s been paid for the 2010 race.

"We’re confident the city is going to present us with an amended policy that is going to work with the racing events," she said in a phone interview Wednesday.

That would be a good thing.

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