PJI Challenges Dallas Proposal Threatening First Amendment Rights of Christian Displays

Legal warning urges city officials to revise proposed ordinance that could subject private religious expression to special-event regulations

DALLAS - Pacific Justice Institute (PJI) has formally urged the Dallas City Council to reject or substantially revise a proposed amendment to the city's special-events ordinance, warning that the measure could subject constitutionally protected religious displays and other expressions on private property to government regulation.

On July 7, PJI Staff Attorney Emily Cook submitted a formal letter to the Dallas mayor and City Council opposing the proposed amendment to Section 42A-2(22) of the Dallas City Code, which defines a "special event." PJI warned that the proposed language raises serious concerns under the First Amendment, including the potential for prior restraint, discretionary enforcement and burdens on protected religious expression.

The proposed amendment would expand the city's definition of a special event to include a "temporary outdoor display or exhibition" involving a special condition that requires an emergency traffic regulation under Section 28-10 of the Dallas City Code. City documents state that the proposal was intended to assist the Dallas Police Department with excessive traffic and crowd control and shift certain associated costs away from taxpayers.

The proposal was considered by the Dallas City Council Quality of Life, Arts and Culture

Committee on May 18. During the meeting, council members questioned city staff about what would constitute a temporary display and how the proposed provision would be enforced. City officials explained that the amendment would connect existing emergency traffic authority to Chapter 42A of the Dallas City Code, which governs special events.

Under the current Dallas City Code, a special event generally involves a temporary outdoor gathering with expected attendance greater than 100 and one or more additional conditions identified by ordinance, including the closing or restriction of a public street, certain temporary structures or specified uses of public property. The proposed amendment would add a new mechanism involving temporary outdoor displays that trigger an emergency traffic regulation.

PJI warned that the proposed language could have significant consequences for Christian families, churches and ministries whose displays attract members of the public, particularly during the Christmas season.

A homeowner, for example, may erect a Christmas or other religious display on private property without organizing an event. PJI's letter cautioned that under the proposed amendment, such expression could potentially become subject to special-event permitting requirements, fees, insurance requirements and enforcement actions because of the public response it generates.

The First Amendment to the U.S. Constitution protects freedom of speech and the free exercise of religion. PJI warned Dallas officials that residents must have clear and objective standards for determining when their conduct becomes subject to government regulation. Rules that depend upon subjective judgments concerning attendance, popularity or traffic impacts can create a risk of arbitrary enforcement and chill lawful expression.

PJI's letter cited significant federal precedent governing restrictions on protected expression. In Gooding v. Wilson, the U.S. Supreme Court addressed constitutional limits on laws broad enough to reach protected speech. PJI also cited Wiegand v. Seaver, in which the U.S. Court of Appeals for the Fifth Circuit applied First Amendment protections against government restrictions affecting lawful expression.

PJI further directed Dallas officials to Beckerman v. City of Tupelo, a Fifth Circuit case involving a permitting ordinance that depended upon an official's prediction that future conduct could become disorderly. The court determined that the ordinance was vague and operated as an impermissible prior restraint on lawful activity. PJI cautioned that Dallas risks similar constitutional problems if officials are given excessive discretion to regulate private expression based upon anticipated public response.

PJI Staff Attorney Emily Cook, who authored the letter, said the city has other means of addressing legitimate public safety concerns without unnecessarily burdening protected expression.

"Dallas has legitimate authority to address blocked roadways, unsafe parking and genuine emergency-access concerns, but those objectives must be pursued within the limits imposed by the First Amendment," Cook said. "A resident's protected expression should not become subject to discretionary government regulation simply because it attracts public attention. PJI is urging the city to adopt clear, objective standards that address actual safety concerns without burdening lawful religious expression."

PJI's letter emphasized that Dallas already possesses tools to address traffic congestion, parking requirements, security, crowd control and traffic control, and emergency access. The organization urged city officials to enforce those laws directly and narrowly tailor any additional ordinance to specific safety concerns rather than regulating the underlying expressive display.

PJI has since received encouraging information concerning the proposal. A Dallas resident who originally sought PJI's assistance informed the organization that, according to a City Council source, the City is seriously considering PJI's comments in potential revision. The proposed amendment has not received final approval from the full City Council.

PJI Founder and President Brad Dacus said PJI will remain engaged to ensure that any final ordinance respects the constitutional rights of Dallas residents.

"Christian families and ministries should be free to express their faith on their own property without facing an unconstitutional government permitting scheme," Dacus said. "Pacific Justice Institute identified serious First Amendment concerns with this proposal and put Dallas officials on notice before it became law. We are encouraged by reports that changes have been made, and PJI will continue monitoring this matter to ensure that the constitutional rights of Dallas residents are protected."

PJI maintains that any ordinance ultimately considered by the Dallas City Council must contain clear and objective standards directed at demonstrable public safety concerns and must respect constitutionally protected speech and religious exercise.

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