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Residents and legal scholar urge Santa Fe ordinance to clarify march permits and protect free assembly
Summary
Residents and a legal scholar asked the Quality of Life Committee to consider a draft ordinance after problems obtaining permits for a large No Kings march; the scholar said city practice appears out of compliance with New Mexico state law and offered a memorandum and draft language for the council to review.
Barbara Norris, a resident of District 4, told the Quality of Life Committee she and others encountered problems organizing a large city march during the No Kings event and asked the council to consider a new ordinance to protect free expression and public assembly. "We're here to talk about an ordinance... that arose out of the problems that came out of trying to do a city march during No Kings," she said.
Heidi Lee Feldman, who identified herself as a legal scholar and founder of Invisible Santa Fe and said she is a retired emeritus professor at Georgetown University Law Center, presented a memorandum and a draft ordinance. Feldman said her group's effort to obtain a permit for a march of thousands revealed practices she believes do not comply with constitutional law. "The city is just out of compliance with constitutional law with regard to free expression and public assembly," she said, and added that New Mexico state law requires organizers of large demonstrations to communicate with the city.
Feldman described her background in First Amendment and civil-rights law and said the proposed ordinance is intended to help the city come into compliance while enabling large-scale demonstrations. She handed committee members copies of the draft ordinance and an introductory memorandum for the council's consideration.
Sue (Susie) Weaver of District 2 spoke in support of Feldman's proposal, saying the community seeks a clear path to lawful public expression. The chair acknowledged receipt of the materials and said staff would respond by email and phone: "We aren't allowed to respond for a year, but we will respond to you in other forms, most likely email and by phone." No formal action or vote on the draft ordinance took place during the meeting.
The committee did not debate the ordinance further at this session; the item was presented during the public comment portion and the committee said it would follow up outside the meeting record. The memorandum and draft ordinance were provided to committee members for review.
