Xavi Velasquez was one of about 25 people gathered in front of Dallas City Hall last month for a press conference, something his group — the National Alliance Against Racist & Political Repression in Dallas — has done many times before.
Similar to those demonstrations, NAARPR showed up on Aug. 22 with other organizations to rally support ahead of the Republican midterm convention, which will be held at the American Airlines Center next week.
But this time the Dallas Police Department told the group they needed a special events permit to gather on City Hall Plaza.
For Velasquez, the dismissal is concerning for First Amendment rights, no matter what political side people support.
"This is a good opportunity for those of us who see these things and are concerned about these things to come together — whether you be on the right or the left — and support each other," Velasquez said. "We deserve to be heard and we deserve for our rights to be respected and we can't stand for any government entity telling us where and when we can speak out."
Dallas requires a special events permit for any temporary outdoor gathering on private or public property that has an expected total attendance of 100 or more people. Xavi Velasquez with NAARPR Dallas told KERA they had around 25 people present.
Velasquez said the group has held press conferences in front of Dallas City Hall many times before and has established with DPD what they are allowed and not allowed to bring.
"They've never approached us and said, 'hey, if you're ever gonna do this again...you have to have a permit,'" Velasquez said. "My understanding is that (it's) because we've kept it under their parameters for what a special event would be."
He added he's worried it could set a precedent for how DPD handles any protest, whether it be Republican or Democrat.
When do you need a permit to protest?
A Dallas city spokesperson told KERA that if groups set up equipment, they are directed to the Office of Special Events to apply for a permit in order to protect City Hall Plaza. Those special events permits are reviewed by multiple city departments, including the Dallas Police Department.
The Office of Special Events also has a First Amendment Activity form which gets routed to DPD. Corbin Rubinson, DPD Senior Public Information Officer, told KERA in an email the form is not a permit request, but an opportunity to inform DPD of plans to demonstrate.
"If, during that discussion, it is determined that the activity they are seeking to do meets the criteria for a Special Event Permit (such as street closures, amplified sound, stage installation, etc.), then the request is rerouted back to OSE to begin the permitting process," Rubinson said.
He added that a First Amendment Activity form is not required, but recommended and appreciated so DPD can establish communication with the groups involved and work to keep everyone safe.
Caro Achar, Engagement Coordinator for Free Speech and Pluralism with ACLU Texas, told KERA First Amendment rights are most protected in traditional public forums, like sidewalks, government property, and public parks. But private property — like the American Airlines Center — does not operate in the same way.
Private property owners are allowed to create opportunities for free speech, but they are not required to do so, Achar added.
However, she said allowing free speech opportunities can help more than hurt.
"Everyone should support free speech rights, regardless of whether you're on private property or public property," Achar said. "Allowing people to express themselves and creating a space for that only strengthens your democracy, only strengthens your argument, only strengths your sense of resolve and community."
RNC midterm convention protests
NAARPR is one of the organizations who have filed for a protest permit for a march during the Republican National Committee's midterm convention, which will be in Dallas Sept. 9 and 10, Velasquez said.
Obtaining a protest permit is common for RNC and Democratic National Committee events, Velasquez said. Sometimes big events like conventions will designate "free speech zones."
"They have to do that because you have a First Amendment right to be able to [protest], and they have to account for that for big events like this," Velasquez said.
Velasquez told KERA that NAARPR had not heard back from the city on their permit as of Friday — two weeks before the convention. The group still plans to march whether or not they get a permit, he added.
"We're gonna make sure the march is safe, whether or not the city will help us in that effort," Velasquez said.
KERA asked the city if there was an estimated timeframe for when protest permits for the convention would get a response. A city spokesperson directed the request to DPD, which told KERA the permits were done through the city's Office of Special Events.
The RNC midterm convention will be held at American Airlines Center and Dallas will pay an estimated $1.8 million for police officers to provide security. It is not clear whether the city will be reimbursed, however DPD works to secure events whether they get reimbursed or not.
Dallas City Council member Chad West raised concerns over reimbursement during Monday's Finance Committee meeting.
“I very much think we need to welcome this convention to the city just like we do all conventions,” West said. “But I do have real concerns on nonpayment given what has happened across the country for similar events.”
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