Fight Sacramento's "Son of the Patriot Act" ordinance

Last summer, Sacramento hosted a United States
Department of Agriculture sponsored Ministerial on
agriculture and technology to showcase the practices
and products of US industrial agriculture to
representatives of 180 countries. The controversies
surrounding the use of biotechnology and industrial
agriculture spurred demonstrations and protests.
In preparation for the event, the Sacramento City
Council secretively passed Ordinance 2003-026 just
days before the event. Activists have dubbed this
ordinance Son of Patriot Act (SOPA).

What Does Son of Patriot Act Do?

SOPA sets unreasonably strict rules regarding the size
and construction of parade/protest banners and signs.
Its guidelines are vague and overly broad, banning a
variety of objects from parades/protests including
water balloons, super soaker water guns, gas masks and
“solid shapes made of rubber, plastic, metal, wood, or
an other similar hard substance.”
In effect, this law allows police to arrest protestors
at their discretion. Since virtually everyone at a
parade/protest would possess an item fitting the
description of those described in SOPA, virtually
everyone is in violation of the ordinance. Armed with
this law, police were able to make arrests at random
during the USDA Ministerial last summer, intimidating
protestors and discouraging public participation. As
long as this ordinance is in effect, police will
undoubtedly use similar tactics to manage future
protests.

What can be done?

Currently local organizations are joining to challenge
the constitutionality of SOPA in California court. We
need your organization to stand with us in solidarity.
It is important that we demonstrate the importance of
this issue through the number and diversity of
participating organizations.

Why is this important?

All over the nation, cities are passing similar
ordinances to suppress protests. We need to set a
legal precedent demonstrating the unconstitutionality
of such laws restricting free speech and freedom of
expression.

Will it cost my organization anything to join as a
plaintiff?

No. Volunteer attorneys with the Law Office of Mark E.
Merin have agreed to file the court challenge to the
ordinance and will respond to the City’s arguments,
appear at the hearings and file any necessary appeals.
If they are successful they will seek an award of
costs and fees from the court.

Will we be liable for legal costs or countersuits?

No. Typically, in public interest cases that challenge
ordinances as violative of free speech rights,
plaintiffs may recover their costs and their attorneys
fees but the public entity which defends its
ordinances are not generally entitled to receive costs
and fees if they win.

Who do I contact?

S. Craig Tucker
sandman [at] riseup.net, 916-451-8757