Well, I just returned from a VERY interesting #Indivisible #SantaFe (ISF) meeting. Santa Fe’s new mayor was summoned to the meeting by a #NewMexico state legislator in attendance. This led to me having to supply the meeting with an impromptu presentation on First Amendment law and why the City of Santa Fe cannot lawfully charge ISF $25,000+ for a closed streets permit for #NoKings on March 28. 1/
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This is a story about a city government doubling down on what I regard as a poor choice and a grassroots group doing what it can to act responsibly in the face of that. 2/
From early February, ISF started inquiries with the city as to how to get a “special event permit” to have streets closed for a No Kings march following musical events and readings from the Declaration of Independence at the Roundhouse, the #NewMexico state capitol building. The state has jurisdiction over the grounds there, and has been fine to work with. ISF has booked the grounds, following procedure, all good. 3/
The city is in charge of special event permitting, including events requesting street closure. After being told that ISF should make formal application for a permit, I, on behalf of the group, did so, including the route for the street march. The city’s special event official told me the police department would have to approve the route, and would decide the fees it would charge ISF. She asked me to attend a meeting with her and the police:to discuss. 4/
At that meeting a police officer talked me through the department’s approach to fees, which meant charging ISF for all traffic officers and any other officers required for security in the discretion of the police department. He said these costs would run at least $11,000 but that the ultimate charge to ISF would be billed after the event based on what the PD said it cost them. 5/
How to give the police a veto on protests without technically giving them a formal veto…
@DavidM_yeg @heidilifeldman I've lost count of the number of groups I've heard of who eventually decided to just stop asking for permission to exercise their rights.
@slowenough @DavidM_yeg I believe in trying to comply with appropriate permit procedures. If not appropriate, happy to pivot to plan B.
The city said we had to pay for a traffic plan, all equipment needed to block off intersections and signs to direct traffic, which we had to get from a vendor they specified, a special event insurance policy, and a general permit fee.
When I informed the ISF No Kings steering committee of these expenses, esp the PD charges, they asked me to arrange another meeting to see if we could adjust the march’s length and/or route to find a more cost effective approach. 6/
I arranged another meeting, this time attended by me, another ISF representative, and the city special event planner, who invited one of the original police officers and another, more senior officer, as well as some other participants whose roles were not identified. 7/
I won’t belabor all the happenings at the second meeting. Suffice it to say that when we said we had thoughts about a route that should, based on their information provided at the first meeting, reduce costs, the police said that actually the cost for the original route was not a minimum of $11,000, it was minimum of $25,000. Moreover, police said, that would be minimum cost for ANY street closures. 8/
@heidilifeldman we just looked up what it costs here in San Francisco, and it was listed as $160-$2,400. Didn't see if that was per-block. But that's a whole lot less than what you've been quoted.
I reserved a 36 hour street shutdown in Little Rock with about $500 cash deposit 10 years ago.
Two blocks and a major intersection reduced from 5 lanes to 1.
Had to cover about $1k in traffic barrier placement/removal --mainly because of the intersection-- and cops for security & traffic at roughly $40/hr. Had to have one cop on the entire time, five during busy time (when we were serving alcohol). Came to about $7k.
But that was for a Friday night thru Saturday night as a commercial enterprise.
We did single afternoon block parties for under $1200. That's including the required two cops supervising booze on the street.
At this point, I explained that these fees were, IMO, an unconstitutional burden on ISF’s freedom of expression. If the police would not take a more reasonable approach, ISF would revert to announcing a recommended route for a sidewalk march, something which does not require a permit. This, by the way, was what the city special event official kept mentioning as an alternative to closing the streets. 9/
This seemed to be something the police were not expecting me to say.
I said ISF would be retracting its request for a permit for street closures.
At this point, the city event planner said that ISF could not do this. I said that of course ISF could. No permit had been granted, ISF had not paid any permitting fees, and I would write a formal letter of retraction. 10/
On Friday, after the meeting, I sent a letter, copying attendees, the Mayor, and the entire City Council. I explained we would announce a sidewalk march, highlighting the city ordinances applicable to it. The city event planner replied promptly, noting all the relevant regulations.
Between Friday midafternoon and the ISF general meeting tonight, nobody else from the city, nor the Mayor, nor any city councilor got in touch with anybody from ISF or in any way acknowledged the email exchange. 11/
Over the weekend the ISF NK3 steering committee met and finalized the sidewalk march plan and overall fundraising goals for all NK3 events on March 28, so that all plans and fundraising needs could be announced at the general meeting tonight. The committee also decided to explain at the general meeting the city’s and PD’s proposed charges for street closures, and our decision to pivot to a different approach. 12/
The participants at the general meeting were shocked and angered by the city’s and PD’s handling of ISF’s request for a permit to have streets closed. I said that I thought that as individuals they should communicate their views to the Mayor, the City Council, and anybody else they cared to.
The next item on the agenda related to fundraising, which I was scheduled to speak about. The ISF meeting chair gave me the cue. But, before I could start… 13/
… shouts from the audience alerted me, “The Mayor is here!” Also, “Let’s hear from the Mayor.” So, even though he was not on and had not asked to be on the agenda, I offered him the mic. 14/
The Mayor began by saying he didn’t know what was happening. I asked if he had received the email retracting the permit request and why; he said he had. I said, “that’s what is happening,” The Mayor took it from there. 15/
He spent about ten minutes speaking. He talked about numerous recent marches in Santa Fe where planners had not sought permits, the city had engaged in “proactive policing” at the events, and everybody was safe and fine. He talked about how asking about a permit and then making a different plan was like asking for a building permit, not wanting to pay for it, and proceeding anyway. He said, “the city would stop that.” 16/
At this point, I interrupted the Mayor, thanked him for his unscheduled remarks, and explained that I had a scheduled agenda item - fundraising - to discuss. This garnered much applause from meeting participants and a few angry/disgruntled reactions at, I think, me interrupting the mayor. 17/
It looks like the mayor is new, just a few weeks on the job…?
What do you think are the odds the police just railroaded him into believing their attempted cash grab was how things normally work?
@inthehands The mayor was a long-serving City Council member before being elected to his new position. But internal city hall/PD dynamics seem likely to playing a role.
@heidilifeldman @inthehands inb4 they bill you for all their unrequested work and fine you for not getting a permit
I covered the fundraising matters.
I then asked the group if they would like an unscheduled presentation from me on First Amendment law and legitimate government regulation of assembly and speech. I said I thought it apropos since NK3 in Santa Fe is going to be a celebration of democracy and civil rights, including First Amendment rights. 18/
Lots of applause and nods, so I went ahead. To illustrate how a law-biding organization would approach a city about permits for a closed street march, I referenced what ISF had done. I used a hypothetical city to illustrate a range of possible responses or approaches that would be consistent or even supportive of First Amendment rights to engage in political speech. I used the actual Santa Fe city’s responses to illustrate clear transgressions of well-settled First Amendment rights. 19/
Many asked me if I thought the city would change its position or would sua sponte close streets.
I said I doubted it. 20/20
@heidilifeldman so disappointing but also so common (my oldest is involved in organizing to the degree you are). I think this is one of the major reasons so many of us are disappointed and frustrated with Democrats these days. They seem to be shifting rightward and contributing to the erosions of our rights rather than helping us vigorously defend them. And this is in Santa Fe, NM where we are “blue” top to (mostly) bottom.
Mayor was there throughout.
Meeting concluded. I went out to vestibule, where I said I would be, to hand out fundraising materials. Very kindly, many meeting participants shook my hand or patted my back or gave words of support as I went to my post. Some had questions about the law, which I tried to answer. 20/
