The city of Houston punted on a controversial ordinance limiting protests outside of private residences, voting overwhelmingly to send the proposal to the public safety committee for further discussion after some council members sparked First Amendment concerns.
The proposed ordinance, which would prohibit acts of protest within 200 feet of a targeted dwelling, landed on the city's agenda last month after months of targeted pro-Palestinian demonstrations outside of Houston Mayor John Whitmire's home, as well as other protests targeting Sen. Ted Cruz (R-TX) and US Rep. Lizzie Fletcher (D- Houston). The mayor's spokesperson, Mary Benton, said at the time that the ordinance came at the suggestion of public safety officials, who noted that Dallas already had a similar restriction in place.
Pro-Palestinian protests have erupted nationwide in recent months in reaction to Israel's military campaign in Gaza, a campaign that has resulted in tens of thousands of civilian deaths and casualties. Although goals have varied, protestors generally have called for an immediate ceasefire and an end to the United States' involvement in the war, from financial backing to weapons sales.
In Wednesday's City Council meeting, Mayor Whitmire championed the ordinance while claiming the picketers were not wholly motivated by the "tragedy" in Gaza. "They're professionals, and we actually know who's paying them," Whitmire said of the protestors outside his home, but he did not elaborate. Instead, Whitmire invited council members to learn more details from local law enforcement.
At a press conference Wednesday, Whitmire reportedly doubled-down on his comments, which he said had been founded on advice from the Department of Homeland Security and other higher departments. "There is intelligence reports, and I'm not going to go through it in public, that they are being paid by Iran," Whitmire said, per Houston Public Media. "It's dangerous if it's true, and I think I have a duty to protect all the neighborhoods of Houston."
Whitmire had earlier opened the discussion by extending his sympathies to the people affected by the "tragedy" in Gaza while asserting that foreign policy was not his focus as mayor. "I understand the legitimacy of their heartache," Whitmire said, but "that is not what Houstonians elected me to deal with."
While the language of the ordinance did not target a particular group or cause, opponents worried that the restrictions would overly burden citizens' First Amendment rights and shut off important avenues of dialogue between the public and elected officials. Councilmembers Edward Pollard, Letitia Plummer, and Tiffany Thomas were among those most critical of the proposed law. Thomas, who represents Alief, argued that marginalized communities who have historically used protests to advance equal rights and other causes would be disproportionately affected.
"Although Jim Crow may be abolished, James Crow Esq. is still alive and well," Thomas said, adding, "We have an international city. The people who say, 'This is my Houston, too,' they are looking for the mayor to see them."
Role of protests
Plummer highlighted the role protest played in the Civil Rights movement and other progressive movements. Pollard argued that public protests were a "last resort" for groups that have otherwise gone unheard, and that existing public safety measures were enough to curb unlawful or unduly disruptive behavior. Pollard also said that restricting protests to 200 feet from a targeted residence would only further disrupt neighbors' homes instead of discouraging protest overall.
Whitmire pointed to other cities that have passed similar ordinances and to the Supreme Court case decided in part by Justice Sandra Day O'Connor that found private residences and institutions were not beholden to First Amendment protections in the same way, since the First Amendment deals with public spaces. "I probably would listen to Sandra Day O'Connor's ruling before I listen to your ruling," Whitmire told Pollard.
Whitmire said that he had been in discussions with local advocacy groups who supported the measure because it could also be applied to counterprotestors who seek to target activists' homes. While Whitmire wouldn't out which groups, he did say they concerned, "a lifestyle, perhaps, that people and protestors may not approve of."
After about an hour's discussion, council members voted 13-3 to continue discussion within the city's public safety committee, giving community groups further opportunity to make their voices heard before the ordinance comes to a vote.
The mayor said he welcomed the dialogue. "In 50 years of passing legislation...I've never seen a piece of legislation that couldn't be improved," Whitmire said, "And this certainly falls in that category."
In other business, the city voted to swear in new police and fire chiefs after Whitmire announced their appointments last month. Thomas Muñoz replaces Sam Peña as Houston fire chief and former Katy police chief Noe Diaz replaces interim chief Larry Satterwhite as the head of the Houston Police Department. Satterwhite has gone on to direct the Houston Mayor's Office of Public Safety and Homeland Security.