O.C.G.A. § 31-27-12 (2019)
Criminal penalty
pilation of the Rules and Regulations of the State of Georgia, Georgia Department of Public Health, Environmental Health Hazards, Subject 511-3-2.
Annotations
JUDICIAL DECISIONS Constitutionality. - Requirement of the Mass Gathering Act, O.C.G.A. Ch. 27, T. 31, that a permit be obtained from the Department of Human Resources without specifying when, or even if, an application for a permit must be acted upon constitutes a prior restraint on speech in violation of the First Amendment. Bo Fancy Prods., Inc. v. Rabun County Bd. of Comm’rs, 476 S.E.2d 743 (1996). Because the Mass Gatherings Act,
O.C.G.A. Ch. 27, T. 31, fails to provide a time limit within which the Department of Human Resources (DHR) must act upon an application for a permit, the statute delegates overly broad discretion to the DHR and, therefore, constitutes an unconstitutional prior restraint on the exercise of First Amendment rights. Bo Fancy Prods., Inc. v. Rabun County Bd. of Comm’rs, 267 Ga. 341, 478 S.E.2d 373 (1996).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Health, § 74. C.J.S. - 39A C.J.S., Health and Environment, § 32.
ALR. - Validity of statute or ordinance prohibiting or regulating holding of meeting in street, 25 A.L.R. 114.