***NEWS***
Update on Lawsuit and SAPD
Posted on 07/1/08
On March 13, the City Council amended the Parade Ordinance, hoping to correct the constitutional violations discussed by Judge Rodriguez. The amendments list seven factors for the SAPD to consider in setting the fees (the march route, the number of participants etc.) and direct the Chief of Police to create a Standard Operating Procedure implementing these factors. At that point, the lawsuit stalled, waiting for the Chief of Police to issue the Standard Operating Procedure so that we could all see what the fee-setting details would be. Months passed. Finally, Judge Rodriguez set the case for a Status Conference on June 24. On June 23, the Standard Operating Procedure was issued. In court the next day, City Attorney Deborah Klein offered a “computer glitch” as explanation for the delay. So now things are speeding up. Judge Rodriguez reaffirmed the trial date of November 17, 2008. On June 27, the City filed a Motion asking the Court to end the injunction on the ground that the amendments and the Standard Operating Procedure correct all unconstitutional aspects of the Parade Ordinance.
We will ask Judge Rodriguez to continue the injunction, arguing that the high fees constitute an insurmountable bar to freedom of speech and assembly, that the frequent waivers constitute unconstitutional viewpoint discrimination, and that the Parade Ordinance is unconstitutionally vague in its definition of “First Amendment Processions” and “Non-First Amendment Processions.”
This is an important struggle. We must preserve our right to march in the streets! We must protect the public right to open political debate! Join us! Come to Free Speech Coalition Meetings the 2nd Tuesday of every month at the Esperanza! Write letters to the editor or Op-Ed pieces! Contribute money to the Coalition for litigation expenses! Call 210.228.0201 to get involved! The case will go to trial on November 17, 2008!
Results of Hearing on Request for Injunction
posted Fri, Dec 21, 2007
Community overflowed the courtroom of United States District Judge Xavier Rodríguez yesterday morning to fight against the City of San Antonio’s efforts to put a high price tag on Free Speech. “The streets can be used to promote tourism or to sell Spurs tickets, but not to speak out against the imprisonment of immigrant children, the invasion of Iraq, or the exploitation of women workers – speech is not free in San Antonio!” comments Amanda Haas, a community organizer and activist with the Esperanza Peace & Justice Center.
The International Woman’s Day March & Rally Committee and the San Antonio Free Speech Coalition, a coalition of over 250 individuals and organizations (click here for a list) asked Judge Rodríguez to bar the City from enforcing its new parade ordinance, enacted on November 29, 2007 by the City Council, over courageous opposition by Councilwomen Lourdes Galvan and Mary Alice Cisneros. In casting her vote against the ordinance, Councilwoman Galvan said “I have heard the testimony of community activists … and in honor of Emma Tenayuca, I will vote against this ordinance.”
Judge Rodríguez heard powerful testimony from five community representatives. Maria Antonietta Berriozábal recalled significant street marches over the years: in solidarity with the Selma “Bloody Sunday” Civil Rights March in 1965, in outrage over the murder of a San Antonio youth by a police officer, in support of the rights of women, immigrants, and workers – street marches are the primary forum for community free speech in San Antonio. Graciela Sánchez testified to the favoritism and arbitrariness in the imposition of costs for street marches by City officials: participation in a nation-wide demonstration in solidarity with the victims of genocide in Darfur would cost between $12,000 and $15,000; the 2006 march for immigrant rights was charged anywhere from $6,000 to $70,000; the International Woman’s Day March was charged $2,500 over ten years ago. Joleen Garcia recounted her experience in helping to organize the May 1st immigrants’ rights march: even though the City knew that upwards of 18,000 people would march, the City insisted that no street march would be permitted unless organizers paid thousands of dollars. If you don’t pay, you are on your own. Lorinda Carr, a veteran disabled by her work at Kelly Air Force base, told the Judge that sidewalk marches are not viable alternatives for physically challenged activists. Lorinda’s testimony was dramatically illustrated when she had to confront immoveable barriers in her wheelchair’s path to the witness stand and the Judge directed that she “just testify from where you are.” Nadine Saliba concluded the community’s testimony with information about the special dangers facing the Arab-American community since 9/11, the inquiries she has made regarding street marches, and the conflicts between marchers and pedestrians that are the inevitable consequence of sidewalk marches.
Assistant Chief of Police David Head and Officer William Jenkins testified on behalf of the City, against the background of public statements issued by Mayor Hardberger: “It’s your message, you should have to pay for it!” and Chief of Police William McManus: “the magnitude of controversy could affect [the cost of the march].” These witnesses confirmed the Plaintiffs’ allegations about the City’s favoritism and arbitrariness: costs are waived for some events because Councilmembers want to support them, because a local constable makes a call to the San Antonio Police Department, or because the Police Department decides to look the other way.
At the end of the three and a half-hour hearing, Judge Rodríguez told participants that he wanted additional arguments from attorneys on both sides, and that he would issue his decision on Plaintiffs’ request for an Injunction before February 8th, in time for the planned International Woman’s Day March on March 8th. The International Woman’s Day March Committee and the San Antonio Free Speech Coalition will meet again at the Esperanza Peace & Justice Center on February 12, 2008. |
