'‘The First Amendment of the United States Constitution ensures that all citizens ... have access to public spaces for public expression,” Judge David Nuffer wrote.
In April, St. George officials denied a permit for Southern Utah Drag Stars to stage the Allies & Community Drag Show Festival at J.C. Snow Park, saying the organizers violated a municipal ordinance that bans applicants from advertising special events until receiving final approval and a permit from the city.
“Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces. The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression,” Nuffer wrote in granting the plaintiff’s request for a preliminary injunction.
“The governing body and its members must never use pretended or pretextual reasons to hide the real reasons for denying individuals their constitutional rights,” the judge wrote. “This is not only a fundamental breach of their oath and trust but also less than honest.” City officials declined to comment on the ruling, citing St. George’s policy that enjoins them to stay mum about matters under litigation. Instead, they released a prepared statement.
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