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An activist group is suing the city of Florence for violating members' freedom of speech and assembly.

"I'm hoping that Florence is a safe space for people to exercise their first amendment rights," said Camille Bennett, the founder of Project Say Something.

PSS is a local nonprofit aimed at fighting racial injustice. The group is suing the city of Florence over the city's response to more than 160 protests that took place in 2020, protesting the death of George Floyd and the Confederate monument in front of the Lauderdale County Courthouse.

"I think our leadership has struggled to accept change and to accept revolution," said Bennett.

In a 30-page lawsuit, PSS claims the city and its police department inconsistently enforced city ordinances, effectively violating the constitutional rights of protestors.

Namely, "a noise ordinance that says whatever is unreasonable you can't do, and then a parade ordinance that requires a permit for parades," explained David Gespass, an attorney representing PSS from the Alabama chapter of the National Lawyers Guild.

The lawsuit argues that the unamplified human voice cannot be regulated with a noise ordinance.

"Particularly for people engaging in First Amendment activity, they want to be heard! And they have a right to be heard," said Gespass.

The lawsuit also states stationary protests shouldn't fall under parade guidelines.

"When the chief says, you know, you're gonna have to pay $360 a day for police protection for a permit, people should not have to pay for protection because they're exercising their rights," said Gespass.

The lawsuit argues both the parade permit and noise ordinance are unconstitutionally vague as written, allowing for the city to subjectively enforce guidelines as they see fit.

"We're asking that we have clear boundaries and that any- and everyone who wants to protest especially if you want to protest for racial justice that you're able to do so peacefully," said Bennett.

WAAY 31 reached out to Florence city officials for comment and received this statement late Tuesday from the office of Mayor Andy Betterton: "With regard to your request for a statement, the city has not been served with a lawsuit like the one you described but typically doesnt discuss pending litigation anyway."

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City of Florence sued over First Amendment violation - WAAY