Two sections of the city’s electioneering law, including restrictions on residents “congregating” outside its sole polling location, are temporarily voided.
By Luca Cacciatore |
KERRVILLE—A local grassroots organization has achieved part of the temporary injunction they requested against the city’s controversial electioneering law.
Federal Judge Xavier Rodriguez agreed with the Liberty in Action Network and two of its members, Director Terri Hall and volunteer Rachel Vickers, that sections in the local ordinance potentially violated the First Amendment.
Rodriguez specifically took issue with the statute prohibiting citizens from “congregating” outside the 100-foot marker of the city’s only polling location, the Callioux Theater.
Another ban on residents “electioneering, loitering, congregating, setting up shade structures and installing signs” on the auditorium grounds was temporarily lifted by the judge.
“The phrase ‘congregate’ apparently bars all speech when approaching voters entering or exiting their vehicles in Voter Parking Spaces and some undefined amount of political advocacy speech when approaching voters in the rest of the parking lot outside of the Electioneering Zones,” wrote Rodriguez, who presides over the San Antonio division of the U.S. District Court for the Western District of Texas.
In essence, Defendant [Kerrville] has prohibited vast swaths of speech, without even defining these limitations in writing.
Hall stated on Wednesday that the ruling was “a good first victory for the First Amendment” and local organizers’ “ability to educate and engage voters at the polls.”
Still, Hall and plaintiffs’ attorney Connor Ellington revealed that they plan to ask the U.S. Fifth Circuit Court of Appeals to consider their full request.
“For those that the District Court declined to enjoin, we look forward to asking the Fifth Circuit to enjoin the content-based restrictions on our clients’ First Amendment rights,” explained Ellington.
As plaintiffs noted, the ruling is far from voiding the entire electioneering ordinance. It does not address the issues plaintiffs have raised with another ordinance, which redefines what constitutes a canvasser, solicitor, or peddler.
The ordinance on solicitors was passed alongside the electioneering ordinance in July. However, it was not the first law on the topic to gain the attention of LIA or other residents. The city council originally amended laws surrounding canvassers, solicitors, and peddlers in March ahead of the Republican Primary Election and the May 4 local election.
At the time, concerns arose surrounding the intention behind the changes, which included limiting the three groups’ hours of operation from 8:00 a.m. until 8:00 p.m. and barring most of the activities on public property.
Several months after Kerrville once again updated its laws surrounding electioneering and canvassers, solicitors, and peddlers; Hall and the plaintiffs amended their original lawsuit accordingly.
One notable change between the original March ordinance on canvassers, solicitors, and peddlers and the revised version from July is the addition that minors must also obtain a permit to operate as solicitors or peddlers.
The Liberty in Action Network ultimately seeks to have both ordinances voided entirely.
Kerrville City Manager Dalton Rice stated after the ruling, “While the city is disappointed that the judge did not uphold each ordinance in its entirety, we are pleased that significant provisions of each ordinance remain in effect as we balance the rights of voters and electioneers.”
“The Kerrville city council has worked hard to protect city residents’ rights to be left in peace at their homes, to engage in the political process, and to vote without intimidation or harassment, and will continue to do so in the future,” he added.