Encinitas Street Banner Ban Defies First Amendment

The ACLU of San Diego & Imperial Counties sent a demand letter to Encinitas’s city manager expressing concerns about the city’s recent decision to reject a street banner bearing the likeness of a deceased city council member.

In the letter,  David Loy, San Diego ACLU’s legal director, noted that there may be facts that we are not aware of, but barring any new information, the organizers of the city’s annual “Arts Alive” program, who followed city guidelines, should be able to count on the First Amendment to promote their event as they see fit.  Restrictions on speech must be viewpoint neutral and reasonable.  Standards must be narrow and specific, and cannot be left to the discretion of the city manager.

For more details, please read the demand letter.