Sacramento's War on Free Speech: The Saga Continues

Sacramento’s War on Free Speech: Son of Patriot Act Ordinance Still On Books

by Dan Bacher

The Sacramento City Council refuses to rescind the draconian "Son of Patriot Act" parade ordinance, in spite of overwhelming opposition from community members. The council, without any proper notice and public input, adopted the ordinance limiting free speech prior to the USDA Agricultural Ministerial held in Sacramento in June 2003.

Instead, the Council in a unanimous vote on September 14 advised the city staff to return within 45 days with a revised ordinance that took into account some of the criticism leveled at it.

The tentative date for the Council to again take up consideration of the parade ordinance is November 16, 2004. The new draft ordinance is slated to be posted at the City's website by November 9.

During the September council meeting, Police Chief Albert Najera explained how the city hastily drafted the ordinance after the city had heard about potential “violence” at the protests at the protests at the USDA Ministerial. In drafting the original and revised versions of the ordinance, he claimed that the city wanted to both protect the City from “violence” and maintain people’s civil liberties.”

“We are very mindful of the need to protect peoples’ rights under the California and U.S. constitutions while providing for public safety,” he said.

However, Mark Merin, civil rights attorney, and dozens of others at the meeting emphasized that the ordinance was unnecessary because the city already had criminal codes designed to handle any threat of violence or vandalism.

“This ordinance, as revised, amounts to prior restraint against perfectly legal conduct by people in the exercise of their constitutional rights,” said Merin. Merin also threatened city officials with a class action lawsuit if they don’t rescind the repressive ordinance.

The adoption of the ordinance made the city into an international laughing stock, since the repressive ordinance made it illegal to wear bandanas, to hold picket signs made of wood over 2 inches wide, to carry flags on metal flag poles and to possess a number of everyday objects such as water bottles. The Sacramento Coalition for Sustainable Agriculture and other community groups blasted the ordinance for its unconstitutionality in city council meetings last year and at a city sponsored “workshop” at the Hart Senior Citizen Center this August.

Although the staff made some recommendations to modify the ordinance, many repressive provisions still remain. “The staff struck out the entire section which prohibited things like golf balls and batteries, but put in a new section that makes it possible to arrest anyone for carrying them anyway,” said Heidi McLean of Sacramentans for Sustainable Agriculture.  “I think the new language gives the police even more discretion to selectively enforce the law.”

The revised ordinance reads: “It shall be unlawful for any person to carry or possess bricks, stones, rocks, pieces of asphalt or concrete or pieces of other similar hard materials or substances that are capable of being thrown or projected that are more than one-half inch in diameter, or if not generally round, that exceed three quarters inch in the thickest dimension.”

The most amazing testimony was from Mary Lou McNeill, the executive director of the Vietnam Veterans of America, Chapter 500, who pointed out how the ordinance makes the annual Veterans Day’s Parade in Sacramento illegal. “We know of no violent events occurring in the Sacramento scheduled parades,” she said.  Yet the carrying of rifles by Color Guards and the display of flags with metal poles that take place in the Veterans Day Parade are illegal under the original and revised ordinance.

The public testimony featured some of the bizarre testimony I’ve ever heard, including a self-described "libertarian" from Dave Jenest’s Citizens Community Watch who supported the repressive ordinance, and a "gun rights" lobbyist who supported outlawing slingshots, water bottles and other “weapons.”

For more information about our battle to get the City Council to rescind the “Son of Patriot Act” parade and park ordinance, call Sacramentans for Sustainable Agriculture, (916) 456-9435.