By JOE BOCANEGRA
Special to the NEWS
Tuesday evening, the San Benito City Commission approved an ordinance that would restrict citizens from holding political demonstrations and picketing within the walls of the San Benito Veterans War Memorial, this as much debate has circulated between citizens, local veterans and members of the Veterans Advisory Board.
In fact, the matter has generated so much debate that the ACLU (American Civil Liberties Union) has reportedly taken interest in the matter.
Initially, former city commissioner candidate Joe Rodriguez previously expressed concern with the original proposal, which was to prohibit all political activity at the memorial, and called it unconstitutional.
Veterans Advisory Board Chair Victor Garza and fellow member Charlie Wilson have since disagreed and stated that their only purpose is to maintain respect for what they term is “hallowed ground” at the memorial.
More recently, it was reported that the city may be able to restrict political activity at the memorial by designating the site as “non-public.”
And that’s just what city leaders did on Tuesday.
According to the approved ordinance, the memorial cannot be used for any kind of demonstrations within its walls due to the memorial being designated as a non-public forum. The designation would allow the city to prohibit demonstrations and protests, restricting activities not in line with veteran events deemed official. There would be a minimum $100 and a maximum $500 fine every time the ordinance is broken, depending on how grievous the offence is.
The unanimous decision came after debate from City Commissioner Celeste Sanchez, who questioned if it was legal to deem the memorial a non-public forum despite its construction being funded using public monies. City Attorney Ricardo Morado replied in the affirmative, and responded, “The declaration of ‘non-public’ doesn’t mean that the public doesn’t get to use it… it simply means that its restricted for use at a memorial to war veterans.”
He also made a sharp distinction about the ordinance, saying that although the memorial is non-public, the sidewalks and the streets are.
“It is important,” Morado said, “to maintain the character of a non-public forum. It is important that control of the property is given to the group that will not permit its use for any other purposes.”
However, before the ordinance was passed, City Commissioner Bill Elliot suggested a slight amendment, asking for any veterans group other than the Veterans Advisory Board wanting to use the memorial should submit an application to the board, which will in turn present the request to the commission for approval. The suggestion was met with general approval before the ordinance was passed.
For the full story, pick up a copy of the Oct. 9 edition of the San Benito News.
3 comments
it the vandelism they are worired about the graffti and so forth as bill said get a permission slip to go in and visit (Student groups or Public) at city hall
I hope our Veterans are happy now. The rights that they claim to fight and die for are now the same rights taken away from the citizens of San Benito. Victor Garza and Charlie Wilson obviously have never read our constitution. Victor Garza is acting as if he owns the memorial? He might as well set up memorial jewelry shop at the memorial!!! This memorial was a vision by the citizens of San Benito for the community to enjoy and not just a selected few. The ordinance doesn’t even allow student groups to get near. So much for having field trips to the sight. And please Victor Garza quite calling it “Hallowed Ground”!!! NO ONE IS BURRIED THERE!!! HELLO!!! Shame on the city commission and Mayor for passing this!! UNCONSTITUTIONAL PEOPLE!!!!
My initial issues were two fold:
1) It is too restrictive as to who can use the facility. It is limited to use by the Veterans Affairs only and its use was solely controlled by the “Advisory” Board. That issue has been addressed by the Commission.
2) If the intent was to make it a “non-public forum”, why didn’t the City pay for it with private funds or grants. It was paid for with $400,000 from the Economic Development Corporation. The EDC, if I am correct, is funded with Sales Tax revenue the City is reimbursed by the State of Texas.
I am NOT against the Veterans Memorial per se or “for” public demonstrations at the Veterans Memorial. I am simply against tax dollars being spent on a public project and then designating it as a “non-public forum”.