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International Women's Day March Planning Committee v. City of San Antonio

The City of San Antonio imposes fees on the organizers of marches on its streets, as a means of ensuring that march organizers pay for the expense of providing traffic control and cleanup for these events. The plaintiffs in this case assert that the assessment of these fees violates the 1st Amendment in several respects. San Antonio selectively exempts certain events from payment of these fees, and the plaintiffs challenge these exemptions on a number of grounds. Also, the plaintiffs assert that San Antonio does not sufficiently constrain the authority of its police department to determine the amount of these fees. They further argue that San Antonio lacks adequate venues for expression unburdened by fees. Finding these claims without support, at least on the basis of the record before the court, the 5th U.S. Circuit Court of Appeals affirmed the district court's grant of summary judgment in favor of San Antonio. 5th U.S. Circuit Court of Appeals, No. 09-50692, 09-08-2010

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Before BENAVIDES, STEWART, and SOUTHWICK, Circuit Judges.

The City of San Antonio imposes fees on the organizers of marches on its streets, as a means of ensuring that march organizers pay for the expense of providing traffic control and cleanup for these events. See San Antonio, Tex., Code ch. 19, art. XVII, § 19-636(b) (2010). The plaintiffs in this case, the International Women’s Day March Planning Committee (“Committee”) and the San Antonio Free Speech Coalition (“Coalition”), assert that the assessment of these fees violates the First Amendment in several respects. San Antonio selectively exempts certain events from payment of these fees, and the plaintiffs challenge these exemptions on a number of grounds. Also, the plaintiffs assert that San Antonio does not sufficiently constrain the authority of its police department to determine the amount of these fees. They further protest that San Antonio lacks adequate venues for expression unburdened by fees. Finding these claims without support, at least on the basis of the record before us, we affirm the district court’s grant of summary judgment in favor of San Antonio.

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