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Animal rights advocates sue after facing ongoing censorship and arrest for peaceful advocacy in Houston public park
- One advocate was arrested and handcuffed for two hours after peacefully demonstrating in a public park.
- The Law & Religion Clinic at the University of Texas and FIREare suing to protect the constitutional right to speak freely in public parks.
HOUSTON, Sept. 21, 2023 鈥 The City of Houston can鈥檛 pick and choose who can speak freely in its public parks.
Today, the Law & Religion Clinic at the University of Texas and the FIREfiled a lawsuit against the City of Houston, several Houston police officers, and Discovery Green Conservancy after police officers arrested an animal rights advocate for refusing to give up his First Amendment right to free speech in Discovery Green, a public park as the 鈥渃rown jewel of public spaces in downtown Houston.鈥
The management of Houston鈥檚 public Discovery Green Park was concerned that passers-by might be 鈥渙ffended鈥 by the advocates鈥 message. The officers鈥 actions were a clear violation of the advocates鈥 First Amendment right to speak freely in a public park 鈥攁 park where peaceful protests .
鈥淚t鈥檚 highly hypocritical and discriminatory to allow certain groups to exercise free speech but not us,鈥 said Daraius Dubash, the animal rights advocate who was arrested. 鈥淲e鈥檙e seeking a ruling affirming that no one 鈥 whether the police or park management 鈥 can ban people from peaceful expression in a public park like Discovery Green.鈥
Dubash and his fellow advocate Dr. Faraz Harsini are both immigrants who are passionate about animal rights Harsini escaped to the United States from Iran after protesting against the Iranian government and was granted a green card for his research on cancer and infectious diseases. Dubash, who is from India, is a former marketing manager who now devotes most of his time to animal rights advocacy.
鈥淒araius and Faraz each fled countries where they couldn鈥檛 speak like they do here,鈥 said Law & Religion Clinic attorney John Greil. 鈥淭hey cherish their rights, and we鈥檙e proud to fight for them.鈥
Several times during summer 2022, Dubash and Harsini went to Discovery Green to host a series of educational events. They held a television screen playing excerpts from a about the mistreatment of animals, and they only spoke to people who engaged with them.
However, almost every time they demonstrated, park management and security asked them to leave, claiming that passers-by could be 鈥渙ffended鈥 by their message. And so they complied. But the last time, Daraius stood his ground, calmly explaining to park management and security, 鈥淵ou still have to abide by the First Amendment because [the park] is publicly owned.鈥
The park management鈥檚 response? 鈥淩ight. But we also choose, [and] we don鈥檛 feel the content is appropriate.鈥
When two Houston police officers arrived, Daraius again calmly explained his First Amendment rights. Yet the officers still arrested Daraius and handcuffed him in a chair in the park security office for more than two hours until he was taken to the county jail and charged with criminal trespass. The district attorney dismissed the charge.
鈥淣o one should be handcuffed and detained for exercising his First Amendment rights,鈥 said FIREattorney JT Morris. 鈥淲e鈥檙e suing because public parks belong to all Americans and their expressive rights, not the personal views of a few.鈥
The lawsuit seeks to vindicate Harsini and Dubash鈥檚 constitutional right to share their beliefs freely in a public space. It asks the court to prohibit the city and Discovery Green Conservancy from interfering with Harsini and Dubash鈥檚 peaceful advocacy at the park, and it seeks damages for First Amendment and Fourth Amendment violations.
鈥淣othing is more powerful than being honest and open with people, and we鈥檙e standing up for our First Amendment rights that give us that voice,鈥 said Harsini.
The FIRE(果冻传媒app官方) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought 鈥 the most essential qualities of liberty. FIREeducates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
Part of The Bech-Loughlin First Amendment Center, the Law & Religion Clinic at the University of Texas School of Law advocates for clients who face challenges to their religious liberty and who are otherwise unlikely to find representation. Its clients include individuals and organizations across the nation and ideological spectrum. Religious liberty seeks to ensure that people of diverse religious beliefs and nonbeliefs can thrive alongside one another peacefully. In that spirit, students and faculty in the Law and Religion Clinic work to protect their clients from discrimination on the basis of their religious commitments, from unlawful burdens on religious exercise, and from unlawful coercion of religious exercise.
CONTACT
Katie Kortepeter, Communications Campaign Manager, 果冻传媒app官方: 215-717-3473; media@thefire.org
PRONUNCIATION GUIDE:
Daraius Dubash (Dah-RYE-us DU-bash)
Faraz Harsini (Far-AHZ Har-SEE-ni)
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