Esperanza Peace & Justice Center

Esperanza director Graciela Sánchez answers questions at our August 4, 1998 press conference announcing the filing of this lawsuit. Behind her are David Greene, National Campaign for Freedom of Expression; Antonia Castañeda, professor of history; Amy Kastely, attorney for the plantiffs; and Carol Bertsch, attorney for the plantiffs.

Press Conference Announcing the Lawsuit on August 4, 1998 at the Esperanza:

Esperanza Center, the Media Project, and VAN turn to the Court for help
after losing all funding for FY 97-98...

Read the Plantiffs' Amended Complaint — the document we filed with the court to begin the lawsuit.

Press Packets about the Lawsuit:

Highlights of Press Coverage:

"Remember the Alamo, Part II", by Bárbara Renaud González, The Nation, 3/15/99

"Esperanza Center hopes courts serve justice," San Antonio Current, 8/6/98

Arts center sues San Antonio claiming discrimination, The Freedom Forum, 8/5/98

"ESPERANZA CENTER FILES LAWSUIT AGAINST CITY OF SAN ANTONIO," ArtsWire, August 24, 1998

"Arts groups files suit against city," San Antonio Express-News, 8/5/98

Immediately after we announced the filing of our lawsuit the City of San Antonio eliminated us from receiving money for FY 1998-2001 in retaliation…

Press Packets about the Retaliation:

Esperanza's August 5, 1998 Press Release In response to the City Attorney comments about our lawsuit

Esperanza's September 18, 1998 Press Release after City Council defunded us until Sept 2000 in retalization for our lawsuit

The Chronology of the Second Defunding

March 31, 1998	The Esperanza Center submits two grant applications to the City of San Antonio Department of Arts and Cultural Affairs (DACA).
July 29	DACA's Cultural Arts Board (CAB) votes to recommend two grants to the Esperanza Center for a total of $22,000, (after discussion that recommending any money to Esperanza is "a gamble"). This recommendation is accepted and included in the Proposed Budget.
August 4	The Esperanza Center, the San Antonio Lesbian and Gay Media Project, and VAN file a lawsuit against the City of San Antonio and Mayor Howard Peak, regarding the 1997 defunding of these three organizations. Later the same day, City Attorney Frank Garza appears on Fox 29 NEWS and states: This Council, if the suit is filed, will have no choice but to really not fund them, because our current contracts say that if an entity sues the City, then you lose funding, because we're not going to fund someone to sue us.
August 10	The Plaintiffs' attorney writes to City Attorney Frank Garza pointing out that denial of the plaintiffs' current funding applications because of this lawsuit would constitute unconstitutional retaliation, alerting Mr. Garza to the harm caused by his statement, and asking Mr. Garza to rescind the statement. In a letter dated August 14, Mr. Garza declines this request.
August 13	In a letter regarding the Plaintiff Media Project's current application for arts funding, DACA Director Eduardo Diaz writes: With regards to comments attributed to the City Attorney regarding 1998 funding for outside agencies, staff is presently in the process of amending all City outside agency contracts and guidelines to address circumstances when agencies that are funded by the City file a claim or lawsuit against the City. The details of the proposed contract language have yet to be finalized.
August 15	The Los Angeles Times reports, based on its interview with Frank Garza: Esperanza was again recommended for city funding by the advisory committee for the next fiscal year, which begins Oct. 1. But Frank Garza said that because of the litigation, Esperanza cannot even be considered for renewed funding, due to a city policy that forbids support of any organization pursuing litigation against the city.

Wed, Sept 2	A special CAB meeting is called to consider the City Attorney's instructions regarding the Esperanza. Following an executive session with an Assistant City Attorney, members of CAB repeatedly question Graciela Sanchez, executive director of the Esperanza, about whether the Esperanza would withdraw its lawsuit against the City. After Ms. Sanchez informs the CAB that Esperanza will not drop the lawsuit, the CAB votes to amend its previous recommendation regarding the Esperanza Center and to provide no funding for the Esperanza Center. At that meeting, CAB members refer to a "City rule" against funding any organization that has an "adversarial relationship" to the City.

Thurs, Sept 3	DACA Director Eduardo Diaz makes his annual presentation to City Council, making one change to the previously submitted budget — the elimination of Esperanza's funding, stating: Finally, yesterday evening, the Cultural Arts Board, this is by way of amendment to the arts agencies allocation, the Cultural Arts Board voted to amend their previously approved arts agencies allocation in the proposed budget to eliminate funding for the Esperanza Center... Removal of funding for the Esperanza was made upon recommendation of the City Attorney due to the pending federal litigation that is as you well know, Esperanza Center has filed against the City of San Antonio.
Tues, Sept 9	Esperanza files motion for a temporary restraining order and preliminary injunction, asking the Court to enjoin the City from "implementing the retaliatory removal of the funding allocation for the Esperanza Center" and from making future threats of retaliation.You can read our brief at Plantiff's Brief to the Court.
Thurs, Sept 10	The Court agrees to hear the Esperanza's motion on an "fast-track" schedule. A hearing is scheduled for Thursday September 17, at 9:30 am, just six hours before the City's hearing and vote on the budget.
Mon, Sept 14	The City replies to the Esperanza's motion, arguing that the Esperanza's motion is "premature" since the City Council had not yet cast the final vote on the budget, suggesting that the City Council may not apply the announced rule to the Esperanza or would rescind the announced rule.
Tues, Sept 15	The Court, in response to the City, agrees that the motion is premature and cancels that hearing, giving the City one more chance to do the right thing.
Thurs, Sept 17	The City holds its final budget hearing and discussion on the budget. The City Attorney reverses his previous position and instead states to the Council: Filing a lawsuit by a delegate agency against the city cannot be utilized as the sole factor for denying someone arts funding in this year or future years. He also for the first time publicly agrees with the legal arguments Esperanza has been stating: There are also some factors that cannot be utilized by the council [when deciding whether or not to fund an agency.] This was really specific under the Finley case which was decided by the Supreme Court. The council cannot decide not to fund an arts agency simply because they represent a particular racial or ethnic group or because the council is trying to eradicate a particular type of viewpoint. Those are specific factors that cannot be used not to fund an agency. Despite this, the Council votes to again completely defund the Esperanza, a decision that makes Esperanza ineligible for operational funding for the next three years. The Esperanza cannot apply again until the year 2001.

Press Coverage about the Retaliation:

"Arts funding fires budget hearing," San Antonio Express-News, September 1, 1998

"Arts budget presented, Esperanza grant motion rescinded," San Antonio Express-News, September 4, 1998

"ESPERANZA FILES INJUNCTION AGAINST CITY OF SAN ANTONIO," ArtsWire, September 15, 1998

"SAN ANTONIO RESCINDS NO FUNDING FOR LITIGANTS POLICY CITY COUNCIL FAILS TO IMPLEMENT THE CHANGE," ArtsWire, September 22, 1998