Mistick Krewe of Comus - Withdrawal From Parading

Withdrawal From Parading

In 1991 the New Orleans city council passed an ordinance that required social organizations, including Mardi Gras Krewes, to certify publicly that they did not discriminate on the basis of race, religion, gender or sexual orientation, in order to obtain parade permits and other public licensure. In effect, the ordinance required these, and other, private social groups to abandon their traditional code of secrecy and identify their members for the city's Human Relations Commission. The Comus organization (along with Momus and Proteus, other 19th century Krewes) withdrew from parading rather than identify its membership.

Two federal courts later declared that the ordinance was an unconstitutional infringement on First Amendment rights of free association, and an unwarranted intrusion on the privacy of the groups subject to the ordinance. The decision of the Fifth Circuit Court of Appeals appears at volume 42, page 1483 of the Federal Reporter (3rd Series), or 42 F.3d 1483 (5th Cir. 1995). The Supreme Court refused to hear the city's appeal from this decision. Despite this, the krewe has not returned to the streets to parade. (Proteus later returned.)

The Mistick Krewe of Comus still holds an annual ball on Mardi Gras night.