Free speech and right-of-way concerns have been hot topics in the past week, so it was only a matter of time before these issues circulated beyond Miami University and into the city of Oxford.
At Tuesday's city council meeting, right-of-way concerns sparked debate among several city councilors.
Toxicity, a new haunted attraction in the area this year,
followed protocol by requesting a "right-of-way permit" from city council to advertise its new venue by passing out fliers o students and passersby two days a week throughout October on the sidewalks in front of Shriver Center and Bell Tower.
Although all city councilors and members appreciated the thoroughness and forward thinking of Toxicity's request, the issue of why the business would have to go through the steps to request the permit escalated quickly.
Councilor Doug Ross asked why Toxicity would have to ask city council's permission to simply hand out fliers in the first place.
"This (formally requesting right-of-way) isn't city council's business," Ross said. "A person has a right to be on the sidewalk, and as long as they are not creating problems, they have a right to be there - to speak and greet passersby."
Toxicity staff member Brandon Whitaker said 49.1 percent of people age 18 to 24 go to haunted houses. He added that the business has no intention of intimidating students or interrupting their normal routine by using the sidewalks; they are merely targeting their core audience.
"That means 6,000 Miami students will go to a haunted house, which makes perfect sense why we are aiming for Miami students," Whitaker said.
Oxford Law Director Steve McHugh said Oxford currently has an ordinance requiring Toxicity to request the permit, since the venue plans on advertising on the sidewalks for more than one day.
"A present ordinance is written (mandating) you must obtain a right of way permit in order to use the sidewalk for more than two days," McHugh said.
Councilor Alysia Fischer said she thinks the ordinance is unnecessary.
"I do feel strongly about protecting first amendment rights," Fischer said. "That doesn't mean I'm in necessarily in favor of the plan put forward (the permit request requirement), but I will certainly defend their (Toxicity, for example) right to walk through a public area and hand out materials to fellow citizens. If people feel menaced, or there is a problem with littering the materials, then those issues can be addressed by the city code."
After much debate, the council decided the issue was beyond its governing power and requested a motion to remove the right-of-way request from the agenda. The motion passed 7-0.
