Background Information:
* download legal documents here *

On November 29, the Mayor and City Council voted to pass an ordinance that puts a price on free speech.  While the original goal of this ordinance was to streamline the permit and fee process for “Parades, Runs, Walks, and Related Events,” concerns over limitations on our First Amendment rights have become a key point.  Despite many citizens who spoke before the City Council on the issue, only Councilwoman Lourdes Galvan of District 5 and Councilwoman Mary Alice Cisneros of District 1 voted against the ordinance. 

Since spring of this year, a community coalition has worked with the City to give feedback on the new ordinance.  While many positive changes to the previous version of the ordinance were made, what passed at City Council remains a blatant violation of free speech. The ordinance threatens community marches by requiring groups to pay for the cost of traffic barriers, police officers, and clean-up for their events, which can amount up to $15,000 or more. In addition, some groups are given exemptions from those costs while others are still required to pay. Such exemptions create the potential for viewpoint discrimination—that is, groups may be exempted from cost based on the political content of their event.

In passing this ordinance, the Mayor and City Council have demonstrated that they do not respect the sanctity of our Constitution.  The U.S. Supreme Court and courts in numerous top-tier cities, including cities in Georgia and Pennsylvania, have repeatedly ruled it unconstitutional for the government to impose such high fees that people are in effect precluded from using the public streets for marches and other such events.  Although the ordinance passed says that the City will pay for the first $3000 of any “First Amendment Activities” on the streets, the remaining costs could still easily prevent free speech marches from occurring.

Even if it is permissible to charge groups the actual cost of using the streets for a march or parade, courts have clearly held that the First Amendment requires “viewpoint neutrality.” That is, if the government decides to waive costs for some marches or parades, it must do so for all, without regard to the views expressed by the event or the event organizers. Thus, it is unconstitutional for the City to subsidize some parades or marches and not others, as the ordinance passed does.

In response, members of the International Woman’s Day March and Rally Committee and the San Antonio Free Speech Coalition marched to the Federal Courthouse immediately following the City Council vote to file a lawsuit challenging this ordinance. Our first hearing on Thursday, December 20th will either grant or deny an injunction that would prvent the City from enforcing or publicizing the ordinance until the lawsuit has been closed.

Documents:
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Motion for Injuction

Supplemental Memorandum

Post-hearing memorandum

City's Post-Hearing brief

Judges Decision on Injuction

Documents from the City

**NEW**
Standard Operating Procedures

**NEW**
New Amendments

New Parade Ordinance (PDF)

First Amended Complaint (PDF)