Republicans of Pacific Beach are threatening to file a lawsuit alleging their free speech rights on the boardwalk have been violated after the City told them they need to move their campaign table to a designated spot outside of a high-traffic area.

“We want to bring awareness about free-speech performers’ First Amendment rights being violated by San Diego City government,” said RPB spokesperson Blake Anderson adding, “The City government should be denounced for this.”

“Recent amendments to the City of San Diego’s Municipal Code related to Expressive Activity on Public Property clearly define the regulations for individuals or groups who wish to engage in expressive activity in certain parks, plazas, and high traffic areas in order to maintain safety and access for everyone,” said Benny Cartwright, spokesperson for the City of San Diego.

“Ocean Front Walk, which is the boardwalk that spans from South Mission Beach through Pacific Beach, is considered a high traffic area where expressive activity areas may be established so that those engaged in expressive activity using equipment, including a table, easel, stand, chair, umbrella, sunshade, or other furniture as part of their expressive activity, are not blocking access for others or causing a safety hazard,” Cartwright said.

It is Anderson’s contention their conservative-themed merchandise is covered under the Constitution’s First Amendment “protecting freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances.”

Anderson and his group were approached by park rangers who told them their tables, chairs, and tent are now illegal because, though they constitute “expressive activity” protected by the First Amendment, their activities are also required to not present safety concerns as a “traffic obstruction.” The Republican group was then told they needed to set up and conduct their activities in a City-designated, non-high-traffic area.

“Individuals or groups who are engaged in expressive activity outside of designated areas need to abide by the code amendments and can be provided education or cited by Park Rangers. Designated expressive activity areas are shown at sandiego.gov/park-and-recreation/parks/expressive-activity-parks,” Cartwright said.

Anderson said the City’s new requirement is unacceptable. “They (City) want us to set up in a small 4-foot by 8-foot zone, a small box,” he said. “We chose our (current) spot because we wanted to appeal to younger and trendier voters on the boardwalk. Being forced by the City to go to one of these little boxes is just one more issue (to contend with).”

Anderson hopes his small political group, which also offers pro-LGBTQ+ materials, can reach an accommodation with the City acceptable to all parties without resorting to legal action. “I am still in the attorney selection process and have not yet signed a contract with an attorney to sue the City government for their harassment and threats of fining me,” he said.

Anderson noted his small politically oriented group is “100% volunteer” as well as “not getting a penny” from any of their merchandise displayed under a tent with three tables and chairs in their regular spot near the lifeguard tower in PB.

Anderson was inspired to start a group to lobby for conservative political causes following the clash on Jan. 9, 2021, when supporters of former President Donald Trump were assaulted before a planned pro-Trump rally in Pacific Beach.

In 2022, a grand jury indicted 11 people for allegedly attacking demonstrators during the Jan. 9 rally. Two men are currently on trial for their alleged involvement in that incident, 41-year-old Jeremy White and 27-year-old Brian Cortez Lightfoot, Jr. Both had traveled from Los Angeles County to participate in the counter-protest.

Examples of “pure speech” under the City’s amended Street Vending Ordinance:
– Clothing, stuffed animals, etc. sold as a fundraiser by a nonprofit.
– Original art sold by the artist.
– Sale of books, music, paintings, photographs, sculptures, CDs, or recordings created by the vendor.
Examples of activities not considered “pure speech”:

– Sales of handcrafts, including jewelry, pottery, shea butter, incense, and incense burners.
– A vendor just saying the handcraft is expressive isn’t enough to make the conduct expressive for purposes of First Amendment protections.
– But sales of these items may be protected as “pure speech” if the totality of the facts suggests the vendor’s sales are inextricably intertwined with an expression of a religious, political, philosophical, or ideological message

The San Diego Port’s recently adopted definition of “expressive activity”: Includes all forms of speech and expressive conduct, including but not limited to the distribution of non-commercial information, solicitation of funds, donations, subscriptions, and/or signatures for a charity, religious organization, nonprofit, or government entity, and the sale of or performing artwork, speeches, and/or performances that are inherently communicative in nature and have only nominal value or purpose apart from its communication.