NEWS...
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. |
