Free speech policy tabled as animal advocates plan to protest at Yucca Valley Film Festival

The consent agenda at town meetings is something that generally doesn’t receive much attention or require discussion as it’s normally just a routine part of procedure. I’ll let Mayor Jeff Drozd describe it:

“Items are enacted by one motion and a second without separate discussion unless a member of the town council or town staff requests dialogue on a specific item at the beginning of the meeting. Requests for public comment on the consent agenda items should be filled out with the town clerk.”

Town Clerk Lesley Copeland didn’t sugarcoat it, telling the mayor “we have a lot of requests to speak for item number four.”

That was the “First Amendment Provision and Protection Policy,” which was then plucked from the consent agenda where it was nested between a Community Center HVAC Replacement item and Senior Center Roofing updates.

But first, Deputy Town Manager Frank Luckino gave an overview of the policy and recommended the town council approve it saying that it’s “ensuring and establishing first amendment rights at town events.”

Luckino says that the summer music festival in 2019 was the impetus for policy. He says that residents passing out religious material and holding signs up at the front of the stage meant not everyone got to enjoy the concert series and “at that time, the policy was brought forward to the council to protect that free speech that was out there, but also have that provision to protect the event as well.”

Town Attorney Thomas Jex says that Yucca Valley has to balance two things: safe, accessible orderly community events for everyone as well as the public’s right to free speech and free expression. “So in order to balance those interests, the law allows the town to regulate speech activities in what’s known as time and place and manner standards.”

Jex explained that any free speech and expression policy that is applied at town events has to be content neutral, meaning whatever law is put into place has to apply to all speech, regardless of content or message. “It allows speech and expression in certain areas during the town events.”

These “certain areas” are what most residents came to talk about on Tuesday night, and they really came out. A quick headcount the first hour of the meeting had 90 to 100 resident who showed up to the 5:00 o’clock meeting.

Deborah Savitt started things off saying that confining expression to a designated zones may have been written with good intentions, but as written it violates the first amendment. She also brought receipts: “Cases such as U.S. versus Grace and McCullen versus Coakley make clear that sidewalks, parks and public plazas are traditional public forums. And in a democracy, the entire public square is a free speech zone.”

Melissa Spurr says that free speech zones don’t reflect well on the town’s character.

“Yucca Valley wants to brand itself as a culturally vibrant small town destination with its galleries, film festivals and creative energy. This makes the town look less like Telluride or Park City and far more like a corrupt backwater dump that people speed through and never look back. You have utterly bankrupted any supply of public goodwill you may have previously enjoyed. Shame on you.”

Overall there were 23 public comments on the free speech policy, most or all of them referencing the fundamental constitutional right of free speech as well as the the timing and manner in which the Town’s free speech policy was reintroduced.

“I’m Major Greg Herring and I’ve got 35 years in this Morongo Basin. And I find it absolutely appalling that this city has chosen now to implement restrictions on where our first amendment rights can be used. You chose now. Why? Because you heard that the animal activists are going to have a peaceful demonstration at your film festival!”

Frequent public commentor and outspoken animal activist James Porter cleared up any confusion on whether the animal advocacy group would protest the Yucca Valley Film Festival.

“There’s no doubt in my mind that this policy is a direct response to the message that we are going to put out that’s unpopular with the town. So will we protest? You bet we will. And I personally will not comply with this unconstitutional policy. And you’re welcome to send Captain Warrick and his people over to arrest us.”

After about 40 minutes of public comment, it went back to the council.

Councilmember Rick Denison says he’s open to more dialogue on the policy, and Councilmember Jim Schooler agreed, saying “like Council Member Denison, if we need to table this and scrub it, so that we can accommodate what we’re trying to accomplish, which isn’t a muzzling anybody for sure, but to protect the events that we’re putting on here, I’d be in favor of tabling it and discussing it.”

Councilmember Robert Lombardo raised the ire of the audience a little when he mentioned the cost of The Yucca Valley film Festival, which he said was around $40,000. He also said he learned a lot from the public comments and would also be in favor of tabling the issue.

Mayor Jeff Drozd was in favor of the policy saying it wasn’t only for the film festival but all town events. He also says that he saw statements online referring to the protesters bringing drums and other loud things to film festival’s red carpet premier.

“So I will mention that online, social media, I saw a lot of stuff about bringing loud things, drums and stuff like that. So nobody mentioned that tonight, that’s very disruptive. So I am in favor of this policy and I will be voting yes. I will make a motion and we’ll see how the council votes.”

Councilmembers Lombardo, Schooler and Denison all declined to second the motion. Councilmember Merl Abel was out on an excused absence.

“So I guess nobody wants to second my thing, so I guess we’ll table it,” the Mayor said sounding slightly defeated as some in the audience shouted things like “recall.”

Councilmember Lombardo then made a motion to table the policy and review it further with more input on how to achieve that balance of town events and free speech. Councilmember Schooler seconded it and the motion was passed with only Mayor Drozd voting “no.”

With the policy tabled for now, the audience erupted into cheers.

The Yucca Valley Film Festival’s red carpet premiere night is this Friday at the Yucca Valley Community Center starting at 5:30 p.m.

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