Defiant Yes Scotland campaigners who regularly distribute leaflets in the centre of Cupar say they have been vindicated after a “blatant attempt to prevent open debate by those opposing independence”.
Cupar SNP councillor Karen Marjoram said clarification from Fife Council had revealed people standing on a pavement, exercising their right to free speech or handing out leaflets is within their rights, and breaches no transport-related legislation.
The clarification comes after the rights of those distributing leaflets were questioned by Cupar Community Council secretary Douglas Provan.
Mr Provan had questioned whether Yes Scotland was legally permitted to operate from the pavement at the corner of Crossgate/Bonnygate on Saturdays.
He had spoken to the organisers of Fife Farmers Market Ltd, which holds a market in Crossgate once a month. They confirmed they had not given it their blessing.
Fife Council had earlier suggested that a permit was required to distribute leaflets but Ms Marjoram said her research had confirmed no documentation is required so long as distributors do not have a physical stall.
Explaining that she had studied the temporary traffic regulation order for the farmers’ market, she said it was “quite clear” the restriction is for the roadway only, and the wording of the order is quite clear in that it is to prohibit the use of vehicular traffic.
She said: “Going on this, I can see no valid reason for the farmers’ market or the community council to object to any person, group or organisation setting up a stall on the wide pavement at the Cross.
“In addition, the ‘control of obstructions on footways’ was last discussed by Fife Council on May 27 2010 by the environment, enterprise and transportation committee, and the guidance at that point was that all persons ‘should be encouraged to consult…to place any item on the footway’.
“So if a group decides not to consult, or to consult, is entirely up to them.
“The Yes group in North-East Fife look forward to displaying their leaflets and delivering their message … at the next Cupar farmers’ market.”
Fife Council has made it clear the positioning of a table on the road or for the purposes of the Act, a footway would still require permission.