BRUNSWICK - If city commissioners change Brunswick's disorderly conduct ordinance next week, they might sidestep a lawsuit filed by a community activist who wants a federal judge to stop police from enforcing the law.

Zack Lyde is seeking a federal injunction to ban police from questioning or demanding permits from people who are demonstrating in groups smaller than 100. Under the city's current ordinance, any group 100 or larger must obtain a permit.

City Attorney Lynn Frey intends to present an amended version of the disorderly conduct ordinance to the City Commission on Wednesday. He expects the commissioners to vote on it at that meeting.

Lawyers defending the city filed a 14-page response to the lawsuit Friday, which described the amended version as "substantially different" from the existing ordinance.

If adopted, the changes, which were not detailed, would effectively render Lyde's lawsuit and his request for an injunction moot, lawyers Terry Readdick and Garret Meader wrote in the city's response.

They also contend Lyde's suit and injunction request should be dismissed because "he faces no substantial threat of injury" if questioned by a police officer while protesting with a group of fewer than 100 people.

In addition, the injunction would place an unreasonable burden on police that would outweigh any threatened injury to Lyde, the lawyers stated.

The city's disorderly conduct ordinance was modeled after a state law that the Georgia Supreme Court struck down in 2006 as unconstitutional.

Lyde is suing the city and Brunswick police Officer Philip Popwell. A self-described frequent demonstrator, Lyde asserts his rights to freedom of speech and protection from unreasonable search and seizure were violated when Popwell arrested him on Aug. 26.

Lyde was arrested after getting into a shouting match with a group of about two dozen people who had gathered to demonstrate against President Barack Obama's health care plan.

At that time, Popwell asked Lyde if he had a permit and also asked him to leave. When Lyde loudly refused, officers arrested him for disorderly conduct. The charge later was dropped.

The city in its response contends the evidence will show that police had probable cause to arrest Lyde on other charges at that time, therefore his rights weren't violated.

Lyde also asserts his rights were violated June 22, 2010, when another Brunswick police officer questioned him while he and others protested outside City Hall.

The city contends Lyde's rights weren't violated because he was merely asked if he had a permit.

No hearing date has been set for the suit or injunction, both of which are assigned to Chief U.S. District Judge Lisa Godbey Wood.


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