A29: Free Speech for Gay Rights!

Once again the Fresno activist community is faced with the denial of public space for protest. FPD has notified the Central California Pride Network that there will be a line of police officers separating Fresno Mayor Alan Autry’s “Traditional Marriage” rally and the counterdemonstration initiated by CCPN. According to FPD, anyone who tries to cross the line will be arrested. Activists in Fresno are not surprised that the police department will be taking these actions, but remains steadfast in the position that Fresno City Hall’s “Free Speech Area” is public space with equal access rights.

Alan Autry says that SF Mayor Gavin Newsom opened the door for his traditional marriage event, saying that he has been receiving calls of support from the LGBTI community. In increasing attempts to impress an ‘Arnold-like’ image as an actor/politician, Autry has been seen preaching on Jerry Falwell’s TBN. (http://indybay.org/news/2004/08/1691885.php) Autry, continuing his trend, will be preaching from the steps of city hall.

A similar situation arose during a counterdemonstration of Ringling Bros. Barnum and Bailey Circus held by Fresno Voices for Animals, a local animal liberation organization. Upon arriving at Fresno’s Selland Arena on the first of four days of protest held by the group, FVA was greeted by angry Ringling undercover security, frustrated Selland Arena security, and FPD officers who determined an arbitrary ‘protest area’ for the group away from circus-goers entering the arena. Just to ensure that the job was done, security personnel were posted in front of videos playing footage of the torture Ringling Bros. inflicts upon their animals.

Attorney Bob Navarro, assisting Fresno Voices for Animals, argued to the City Attorney’s Office that, as Selland Arena was paid for by the city, it was public space and protesters had equal rights to access. To the surprise of FVA, the protest restrictions disappeared and the group was able to surround the entrance to Selland Arena and bring their full message directly to the people they were targeting.

While legal methods are an option, many are considering non-compliance as a form of resistance on August 29th, citing the success of direct action and resulting litigation against Fresno’s consumerism centerpiece, Fashion Fair Mall. While the law surrounding Fresno’s City Hall is different than that used in the Fashion Fair Mall actions, steps taken by FVA has helped show the strength of free speech rights in public space. In past instances, Fresno activists have tried negation, protest, and lawsuit with variable results. Now the issue has come to the “Free Speech Area” at city hall.

Some may opt for legal routes, non-violent direct action, and others merely a groundswell show of strength. No matter the method, one clear challenge in addition to resisting the spread of homophobic seeds of hate, is the use of public space to spread this message while the police force segregates voices of equality, love, and dissent.