Then the civil liberties groups and unhappy residents showed up. Now, suddenly, there’s no rush.

MORE NEWS: Court Grants Accused Killer Brad Bartholomew Computer Access on Eve of Rebecca Park’s Birthday

The Saginaw City Council voted 8-1 Monday night to delay action on the controversial ordinance for three months after opponents packed the meeting and warned that the proposal was overly broad and potentially unconstitutional. The delay is a notable turnaround from July, when most council members supported the measure when it was introduced.

Guilty just because you’re standing there

The ordinance defines a “nuisance gathering” as a social gathering or party where some attendees engage in certain illegal activities, including drug possession, property damage, fights or disturbances and obstructing traffic or emergency services. But the problem wasn’t simply punishing the people causing trouble.

Under the proposal, a person merely attending a nuisance gathering could potentially face a misdemeanor carrying up to 90 days in jail or a $500 fine – even if that individual wasn’t the one breaking the law. In other words: Someone else brings drugs to the party, starts a fight or otherwise crosses the legal line, and innocent attendees could get swept into the city’s enforcement net.

FIRE brings the constitutional fire

That caught the attention of the Foundation for Individual Rights and Expression (FIRE), which sent Saginaw officials a letter Monday urging them to reject the ordinance. FIRE argued the proposal violates the First Amendment by effectively creating “guilt by association,” potentially allowing the government to punish people engaged in protected expressive activity because somebody else broke the law.

The organization warned that the language was broad enough to potentially encompass protests, political fundraisers, organizing meetings, Pride events and religious gatherings. Under the ordinance, FIRE argued, one participant’s illegal conduct could potentially transform the entire gathering into a prohibited nuisance. The ACLU also urged council members to reject the proposal, while residents packed City Hall Monday to voice opposition.

FIRE said in their letter to the Saginaw City Council, “The proposed ordinance would violate the First Amendment, which does not permit the government to punish individuals engaged in expressive activity based on the misconduct of others.” They went on to say, “Because ‘guilt by association’ is a philosophy alien to the traditions of a free society and the First Amendment itself, FIRE strongly urges the City Council to reject the proposed ordinance.”

Where things stand

MORE NEWS: Consumers Energy Lineman Dies While Working in Shiawassee County

For now, the ordinance is headed back to the drawing board for three months – giving Saginaw officials time to figure out if they will just punish the people actually causing trouble or criminalize everyone unfortunate enough to be standing nearby.