Judge OConnor ruled in favor of Open Carry this week, enjoining Arlington from enforcing its newly amended sidewalk ordinance in a detailed 26-page opinion after our hearing on the matter two weeks ago. The Court made a number of observations, including: a) [Open Carrys] attempts to distribute copies of the Constitution and gun rights literature on Arlington’s streets and sidewalks is “precisely the kind of speech in precisely the kind of place that the First Amendment aims to protect most.” b) ...the Court finds that Plaintiffs have demonstrated a likelihood of success that [the newly amended law] is not narrowly tailored to serve a significant government interest. c) ...handing out leaflets in the advocacy of a politically controversial viewpoint ...is the essence of First Amendment expression; d) Based on the foregoing, the Court finds that Plaintiffs have established a substantial likelihood of success on the merits of their First Amendment free speech claim. Of course, this is only the first step in the litigation, so it would be wrong to say that Open Carry has won the day just yet. However, it is undeniably correct to say that the Court has examined the case thoroughly and seen that it is a First Amendment case, and while guns are part of the story, free speech supporters of all stripes should side with Open Carry in this case because it impacts everyone who seeks to hold a car wash or distribute religious material, or even supports the fire fighters fill the boot event (without having to obtain a million-dollar bond and provide over burdensome plans to the city beforehand). We believe that the City of Arlington should use current Texas law to ensure the safety of pedestrians and vehicles if it is serious about public safety, and abandon this fatally flawed law. We do not believe that it can be saved. Any law regulating any group has to regulate every group the same, and drafting an ordinance that is reasonable and works with the state law regarding the fire fighters appears to be difficult. As the Court noted, theres no evidence that the City has ever enforced such laws, and nothing to spark a sudden crisis in enforcement...except that the City Council has a distaste for free speech when it goes against their preferences. Fortunately for all of us, and not just Open Carry, distaste and pretext is not enough to allow regulation of political speech.
Posted on: Thu, 17 Jul 2014 16:04:42 +0000
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