Posted on Jul 22nd, 2010

City of Helotes Parade Ordinance May Violate First Amendment

ACLU of Texas Requests Response from City Officials

Contact: Dotty Griffith, Public Education Director, ACLU Foundation of Texas (512) 478-7300 x 106 or 923-1909; dgriffith@aclutx.org

AUSTIN – The American Civil Liberties Union (ACLU) of Texas today asked city officials in Helotes to respond to concerns that the Bexar County town’s parade ordinance is unconstitutional because it allows “unequal enforcement and targeting of an event based on its content.”

“As written, the ordinance could be used to stifle speech at political or demonstrative events, social parties, weddings, or any other kind of impromptu event, even on private property,” said Lisa Graybill, ACLU of Texas Legal Director.

The ACLU identified three concerns with the ordinance: that it appears to regulate conduct on private property; that it has exemptions for certain processions because of their content or purpose; and that it grants the mayor unilateral discretion to revoke a parade permit in certain circumstances without defining those circumstances.

The ACLU of Texas reviewed the ordinance at the request of Helotes resident David Galvan. Galvan said, “As a proud American, I believe freedom of speech is fundamental. I want to be sure that our town’s ordinances respect the constitutional rights we all share.”

In a letter dated July 22, 2010, Graybill requested Mayor Tom Schoolcraft, City Administrator Rick Schroder, and City Attorney Steven M. Peña to respond by outlining steps the City of Helotes will take to address the civil rights organization’s constitutional concerns.

Download a copy of the letter.