Advocates opposing an anti-picketing ordinance proposed by Houston Mayor John Whitmire celebrated when Houston City Council members voted on Wednesday to send the measure to a committee for further review.
“The mayor cannot move without the support of his community and his constituency, and until now, that is how he has been moving,” said Nish Siddique, an organizer with Houston For Palestinian Liberation. “This is a harsh awakening for the city council to realize that the people will come out, the people will speak out and these decisions will follow them to their next election.”
This is not the first delay on the proposed ordinance, which would make it illegal for people to protest or picket within 200 feet of a “targeted” private residence. Whitmire introduced the measure in July in response to pro-Palestinian protests outside his house.
However, council members Tarsha Jackson, Edward Pollard, Leticia Plummer and Tiffany Thomas “tagged” the item for further consideration. They cited concerns regarding protecting residents’ rights to free speech and regulating the actions of a specific group.
Residential protests are not uncommon; they occur across the United States and protestors use them as opportunities to speak out against all kinds of issues. Historically, municipalities have also had the ability to manage demonstrations through legal avenues if these actions were needed.
Senator Ted Cruz (R-Texas) has also had pro-Palestinian protesters parked outside his home recently, not a new experience for him. In 2021, a different group of protesters picketed his residence. They were upset by him taking off for a Cancun vacation during the great Ice Storm Uri when many people were left without power and water and called for his resignation. (A photo of his dog Snowflake who was left behind when the family left for more pleasant weather, briefly became famous.)
Houston City Attorney Arturo G. Michel reiterated that Whitmire’s proposal is meant to act as a blanket ordinance that applies to all people, not one organization backing a specific cause. He referred to the measure as “content-neutral” on Wednesday.
Councilmember Plummer challenged Michel’s point, “We keep talking about the people. I just wish we would stop focusing on — intentionally or otherwise — accusing one group of people.”
“That is the piece that I have a challenge with. We have to stop making it seem like it is about ‘these people,” Plummer said. “It’s the ‘them’ and the ‘those people’ that’s infuriating me because everyone in this city has a right to express their feelings.”
Whitmire interjected to apologize, but he added that the same people — referencing the group of pro-Palestinian protestors — show up outside his house every Friday night.
Plummer doubled down, telling the mayor that she was concerned that passing such an ordinance would prevent all constituents from coming to talk about their needs and worries. Council members Abby Kamin, Pollard and Thomas echoed similar sentiments.
“The First Amendment and freedom of speech give them that right as long as they don’t do anything that will cause harm,” Pollard said. “I think we have to understand that as the first amendment in our country’s history, that is all something we should value.”
“I probably would listen to Sandra Day O’Connor’s opinion before I would go by your constitutional ruling,” Whitmire fired back at Pollard.
Constituents and community activists are not the only ones who have questioned the measure’s constitutionality. The American Civil Liberties of Texas, the local branch of the NAACP and the Houston LGBTQ+ Political Caucus have also opposed the proposal.
“[Whitmire] needs to listen to what other people have to say,” said Hanna Khalil, a member of Al-Awda Houston, a nonpartisan Palestinian advocacy organization. “He doesn’t have to agree, but he has to listen and have an open mind.”
Khalil added that the ordinance was another “small step” that reflected a larger problem of disrupting the democratic process.
Michel addressed critics’ concerns that the ordinance is unconstitutional, referring to a U.S. Supreme Court ruling that approved the ability of cities to control targeted protests of residences.
He called the characterization of the proposal by those against it as violating individuals’ rights as more of a “policy preference.”
All but three council members — Pollard, Plummer and Thomas — voted in favor of sending the measure to the public and safety committee, which will meet on Tuesday, September 10.
Council member Martha Castex-Tatum recommended the council include the ACLU of Texas and other civil rights groups that have requested meetings to discuss the measure in the committee meeting.
Siddique said members of Houston For Palestinian Liberation — a coalition of pro-Palestininan advocacy groups — and other community advocates, like a group of anti-John Cornyn protestors, were shocked by Wednesday’s vote.
“A council member told us that most of his colleagues supported the ordinance,” Siddique said. “So, the fact that this was able to make a sizable impact in the way it was is really affirming.”
This article appears in Jan 1 – Dec 31, 2024.
