Note: I submitted a shorter version of this piece as an op-ed to the Santa Fe Mexican. I've been informed that rather than publish the submission, the news side of the paper plans to run a story "so people who are going to the [No Kings 3 events] in Santa Fe will know what do/where to go." That sort of coverage is certainly welcome but it doesn't speak to the unconstitutionality of the City of Santa Fe's codes and regulations pertaining to the use of streets and sidewalks for public assembly and political expression.
On March 28, people will gather in Santa Fe for No Kings 3, to celebrate and fight for constitutional democracy in the United States. They will exercise their First Amendment rights to assemble and freely express their views.
That is, they will if local government lets them. So far the City of Santa Fe isn't giving me much confidence.
As I quickly learned when I set out to get a street use permit for No Kings 3 in Santa Fe, the City's municipal ordinances and implementing regulations are a mess: vague, confusing, complex. They practically invite City officials and police to apply them unconstitutionally. Nevertheless, I hoped the City and its Police Department would resolve in practice the constitutional problems raised by the ordinances and regulations on their face. Unfortunately, the City and the Police took even more blatantly unconstitutional steps.


