A judge on Thursday refused to reinstate a permit for the Aurora Pride Parade after officials said organizers did not secure the needed law enforcement officers required for the event.
Still, organizers said the parade is not off just yet.
The special event permit for the third annual Aurora Pride Parade was revoked after the Aurora Police Department earlier this week said it could not supply enough sworn officers to provide Parade security. Organizers appealed the decision, saying in a statement Wednesday, "Our position has been misrepresented, and we’re making every effort to keep the parade as scheduled.
"It is unacceptable that Aurora City officials have denied a permit for the upcoming Pride Parade," the ACLU of Illinois, which represents Aurora Pride, said in a statement following the court hearing Thursday. "The Parade has been a family friendly event, aimed at welcoming all members of the Aurora community for a celebration of diversity and inclusion. Rather than embrace this event – as thousands of members of the community have done over the past few years – City officials have created a faux controversy and refuse to provide adequate security so that everyone has the opportunity to celebrate safely."
The ACLU called the permit issue "not constitutional" and said it plans to take its case to federal court in hopes a judge will "order Aurora to meets it obligation to its residents."
"The intent of the federal lawsuit is to reverse the action of both the city and the appeals process by attacking that on first amendment grounds," Aurora Pride President Gwyn Ciesla told NBC 5. "It’s possible there could be an injunction in place to reverse that decision.”
The lead up to the parade has been at the center of controversy, as organizers and the Aurora Police Department continued to spar over what law enforcement representation would look like at the event.
Last month, Aurora Pride Parade organizers asked that law enforcement officers "participate without service weapons (our rules forbid all weapons), out of uniform, and without the presence of any official vehicles."
Organizers of the parade said they had made the uniform and weapon requests because they wanted to make the parade "the most welcoming environment possible," and said that “trust between police and LGBTQ people and people of color” is extremely low.
"Many members of the community feel uneasy in the presence of official law enforcement vehicles, as well as uniformed officers, due to negative experiences they themselves or someone they know have had," organizers said in a letter to police.
As a result, Aurora mayor and Illinois gubernatorial candidate Richard Irvin said he would not participate in the city’s Pride Parade, and that the city will withdraw its float.
Aurora Pride organizers had offered a compromise to police after announcing the decision to not allow officers to march while carrying weapons or wearing their uniforms, suggesting a “soft uniform” approach instead.
"We would like to offer, additionally, that if officers have a “soft uniform”, something like a polo shirt with patch or logo, we would absolutely accept that," the letter said.
Irvin said police in the city rejected the proposal.
Then on Tuesday, the Aurora Police Department said it was unable to meet the staffing needs for the event.
"Unless the additional officers are secured shortly," the department's statement read, "APD cannot recommend to the City that the event can proceed as planned."
According to officials, the privately run event applied for a special event permit in January through the city of Aurora. As part of the permitting process, event organizers must work with the Aurora Police Department to determine a public safety plan based on the size and scope of the event. After that, the department determines the number of officers needed to ensure public safety.
According to the statement, "During the initial review process for the Pride Parade, the Aurora Police Department determined that the Aurora Pride Organization was responsible for retaining law enforcement officers based on the requested parade route, the number of street closures, the size of the parade, anticipated number of spectators, the number of officers needed to ensure the overall public safety of the event, and any other safety concerns."
The statement goes on to say that staffing for privately run special events requires law enforcement to work outside of their regularly assigned duties, and that extra jobs and overtime shifts are voluntary.
The department says due to a number of reasons, these special events are difficult to hire for.
"The Aurora Police Department has seen a significant increase in the need to hire overtime shifts to cover staff shortages, sick calls, and vacation time to ensure that the department has enough officers on patrol to respond to emergency calls and incidents throughout our city," the statement says.
"Over the past few years, we have seen substantial changes with many officers wishing to spend more time with their family and friends and less time volunteering to work beyond their regularly scheduled shifts. As a result, we often have trouble hiring overtime shifts to cover our patrol division or for officers to work special events."
As of May 3, the department said it "attempted to hire as many officers as possible to work with the Pride Parade," but they are still short of the minimum number of officers needed to ensure the overall safety of the parade.
Officials say the APD and the city met with event organizers to try and secure other police departments and organizations in hopes that they might provide the 20 additional sworn law enforcement personnel the department says is needed for the event to proceed safely.
However, the department says organizers were unable to secure officers from neighboring jurisdictions.
"We have not been able to close the gap, despite the tireless efforts of our Safety team lead and many supporters offering their assistance," Aurora Pride said in a statement. "As a result, our permit is now revoked."
The organization said, however, it would continue fighting to keep hopes of the parade alive.