Suit Over Houston Park’s Restriction on Displaying Videos of Animals Being Killed and Otherwise Unpleasantly Treated

From FIRE’s press launch (and you’ll learn the Criticism right here):

At present, the Legislation & Faith Clinic on the College of Texas and the Basis for Particular person Rights and Expression filed a lawsuit in opposition to the Metropolis of Houston, a number of Houston cops, and Discovery Inexperienced Conservancy after cops arrested an animal rights advocate for refusing to surrender his First Modification proper to free speech in Discovery Inexperienced, a public park described because the “crown jewel of public areas in downtown Houston.”

The administration of Houston’s public Discovery Inexperienced Park was involved that passers-by is perhaps “offended” by the advocates’ message. The officers’ actions have been a transparent violation of the advocates’ First Modification proper to talk freely in a public park —a park the place peaceable protests occur usually….

A number of instances throughout summer time 2022, Dubash and Harsini went to Discovery Inexperienced to host a sequence of academic occasions. They held a tv display enjoying excerpts from a documentary concerning the mistreatment of animals, they usually solely spoke to individuals who engaged with them.

Nevertheless, virtually each time they demonstrated, park administration and safety requested them to go away, claiming that passers-by may very well be “offended” by their message. And they also complied. However the final time, Daraius stood his floor, calmly explaining to park administration and safety, “You continue to need to abide by the First Modification as a result of [the park] is publicly owned.”

The park administration’s response? “Proper. However we additionally select, [and] we do not really feel the content material is suitable.”

When two Houston cops arrived, Daraius once more calmly defined his First Modification rights. But the officers nonetheless arrested Daraius and handcuffed him to a chair within the park safety workplace for greater than two hours till he was taken to the county jail and charged with prison trespass. The district lawyer dismissed the cost….

The protesters have been exhibiting “video clips … taken from the documentary movie Dominion”:

The movie options overhead photographs of cramped pig stalls, pest-ridden duck residing quarters, close-up photographs of caged egg-laying chickens, and electrical prodding of cattle. In all, it covers the remedy of round two dozen sorts of animals….

The particular content material of the movies—which present lawful, industry-standard practices like macerating child male chicks (killing male chicks at delivery who provide no financial worth), or utilizing farrowing or gestation crates (holding pregnant pigs in small cages the place they will solely sit or stand, however not flip round)—causes some passersby to inquire what’s being depicted.

(I’ve written about this broad concern in my Grotesque Speech article, primarily specializing in restrictions on exhibiting ugly photos of aborted fetuses but additionally noting the reference to sure photos of how animals are handled.) Some extra allegations concerning the arrest incident:

[Park] Manufacturing Coordinator Floyd Willis … [told] Mr. Dubash: “I suppose the issue earlier than is like, what, the content material of the movies.”

The safety guard added: “The issue earlier than was the content material of the movies. We did speak about that earlier than. And I imply, Brian has requested me a number of instances to come back and discuss to him … It is what he reveals. In order that’s the one downside that Discovery Inexperienced has.”

Willis reiterated that content material ban to Mr. Dubash: “I, we’re good with like, if you wish to discuss to folks however, we’re not comfy with the TVs … the content material on these.”

Willis revealed Discovery Inexperienced Conservancy’s criterion in administering a public park on the Metropolis’s behalf is solely what it deems “applicable.”

Willis acknowledged Mr. Dubash’s level that “you continue to need to abide by the First Modification as a result of [the park] is publicly owned.”

However Willis finally said: “Proper. However we additionally select, we do not really feel the content material is suitable.”

Notably, neither safety nor police said that the speech was unprotected. And on a half-dozen events, Mr. Dubash precisely famous that obscenity is proscribed to sexually specific content material….

[Later, o]ne safety guard reiterated the video was not allowed as a result of “it is chickens getting slaughtered.” …

Officer Douglas assured Mr. Dubash that he was conscious of the First Modification’s free speech protections.

However he then said that “in case you are exhibiting offensive materials he [i.e., Discovery Green management] doesn’t like, you may’t be right here.” …

Officer Douglas reiterated that the content material was the issue, telling Mr. Dubash that his downside was “somebody stabbing a goat or cow within the neck to kill them. That appears offensive.” …