On March 28, people will gather in #SantaFe #NewMexico for #NoKings 3, to celebrate and fight for constitutional democracy in the United States.
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The City dragged its feet in beginning to consider the application. It sought to pass along police protection costs based on the content of the No Kings message. Police gave vague and ever escalating estimates of the fees they would bill, indicating final costs oppressive to the organization I was trying to help. 4/
When I informed the City that I would tell those who wanted to march during No Kings to use the sidewalks -- the alternative supposedly favored by the City -- officials seemed to threaten the marchers with liability for any costs that might arise from the City's failure to provide adequate public protection. The mayor even made a public appearance where he said the City would stop sidewalk marchers because the organization I was helping withdrew its application for a street use permit. 5/
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When I informed the City that I would tell those who wanted to march during No Kings to use the sidewalks -- the alternative supposedly favored by the City -- officials seemed to threaten the marchers with liability for any costs that might arise from the City's failure to provide adequate public protection. The mayor even made a public appearance where he said the City would stop sidewalk marchers because the organization I was helping withdrew its application for a street use permit. 5/
After my effort to use the publicly announced process, other activists tried to strike a bargain with the mayor: for proper policing for a street march, they offered to change the planned route and time and pay a lower, though still unconstitutionally high, set of fees. I did not, and would not have, participated in this discussion. I don't believe in bargaining away rights protected by the U.S. Constitution. 6/
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After my effort to use the publicly announced process, other activists tried to strike a bargain with the mayor: for proper policing for a street march, they offered to change the planned route and time and pay a lower, though still unconstitutionally high, set of fees. I did not, and would not have, participated in this discussion. I don't believe in bargaining away rights protected by the U.S. Constitution. 6/
But it turned out not to matter anyway. As soon as the bargaining activists tried to have the police and other city officials implement what the activists understood the mayor to have promised, the police were back to saying they would bill the group, after the event, for fees far in excess of what the mayor had represented. 7/
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But it turned out not to matter anyway. As soon as the bargaining activists tried to have the police and other city officials implement what the activists understood the mayor to have promised, the police were back to saying they would bill the group, after the event, for fees far in excess of what the mayor had represented. 7/
Courts have long taken the position that political expression on streets and sidewalks receives the very strongest protection against government interference. 8/
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Courts have long taken the position that political expression on streets and sidewalks receives the very strongest protection against government interference. 8/
A city may not burden the right to express political views in these public spaces by imposing high costs or by refusing to provide proper public protection for bystanders or the people assembling, marching, and speaking. Nor may a city threaten or inflict any prior restraint on the exercise of the right to gather and express political views. 9/
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A city may not burden the right to express political views in these public spaces by imposing high costs or by refusing to provide proper public protection for bystanders or the people assembling, marching, and speaking. Nor may a city threaten or inflict any prior restraint on the exercise of the right to gather and express political views. 9/
The City of Santa is putting No Kings activists and participants in a constitutionally unacceptable position. It has refused to offer a constitutionally valid path to a street use permit. This forces protesters to risk arrest if they march in the street. 10/
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The City of Santa is putting No Kings activists and participants in a constitutionally unacceptable position. It has refused to offer a constitutionally valid path to a street use permit. This forces protesters to risk arrest if they march in the street. 10/
Even if such arrests were ultimately thrown out because of the unconstitutionality of the City's codes, regulations, and conduct prior to the march, the threat of arrest – and having to pay for a defense based on the City's unconstitutional laws and actions – unlawfully chills political speech in a public forum. 11/
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Even if such arrests were ultimately thrown out because of the unconstitutionality of the City's codes, regulations, and conduct prior to the march, the threat of arrest – and having to pay for a defense based on the City's unconstitutional laws and actions – unlawfully chills political speech in a public forum. 11/
Even if the City hadn't threatened to halt a sidewalk march or to shift to marchers liability arising from the City's failure to provide public protection during one, the sidewalks in Santa Fe almost certainly do not provide the constitutionally required ample opportunity for assembly and political expression. 12/
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Even if the City hadn't threatened to halt a sidewalk march or to shift to marchers liability arising from the City's failure to provide public protection during one, the sidewalks in Santa Fe almost certainly do not provide the constitutionally required ample opportunity for assembly and political expression. 12/
They are narrow to nonexistent in the downtown area. Municipal codes require political protesters to move continuously, except to obey traffic signals, and to avoid obstruction of the sidewalks for other users. These conditions force the dilution of the political message of a mass protest. Marchers have to proceed single file or perhaps in pairs and straggle through a route rather than have the opportunity to show their numbers and communicate as an assembly. 13/
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They are narrow to nonexistent in the downtown area. Municipal codes require political protesters to move continuously, except to obey traffic signals, and to avoid obstruction of the sidewalks for other users. These conditions force the dilution of the political message of a mass protest. Marchers have to proceed single file or perhaps in pairs and straggle through a route rather than have the opportunity to show their numbers and communicate as an assembly. 13/
It is a shame that Santa Fe, the capital city of New Mexico, unconstitutionally burdens people's First Amendment rights. Between now and March 28, I will focus on educating Santa Feans about how to lawfully exercise their First Amendment rights on that day, as we gather to say that in the United States, no government official is above the law. That's the essence of No Kings. 14/14
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As I quickly learned when I set out to get a street use permit for No Kings 3 in Santa Fe, the City's municipal ordinances and implementing regulations are a mess: vague, confusing, complex. They practically invite City officials and police to apply them unconstitutionally. 2/
Your permit is the constitution. Our streets.
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It is a shame that Santa Fe, the capital city of New Mexico, unconstitutionally burdens people's First Amendment rights. Between now and March 28, I will focus on educating Santa Feans about how to lawfully exercise their First Amendment rights on that day, as we gather to say that in the United States, no government official is above the law. That's the essence of No Kings. 14/14
@heidilifeldman What say the ACLU?
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It is a shame that Santa Fe, the capital city of New Mexico, unconstitutionally burdens people's First Amendment rights. Between now and March 28, I will focus on educating Santa Feans about how to lawfully exercise their First Amendment rights on that day, as we gather to say that in the United States, no government official is above the law. That's the essence of No Kings. 14/14
@heidilifeldman
A FOIA regarding fees charged (or not) for other protests with similar circumstances could be interesting. -
On March 28, people will gather in #SantaFe #NewMexico for #NoKings 3, to celebrate and fight for constitutional democracy in the United States. They will exercise their First Amendment rights to assemble and freely express their views.
That is, they will if local government lets them. So far the City of Santa Fe still isn't giving me much confidence. 1/ #LawFedi
@heidilifeldman I'm not trying to be a dick here, but if one only protests if authority allows it, one isn't actually protesting.
