Political Hot Potato : Rights Issue Seen in Denial of Park to Gays

Santa Ana’s city attorney has ruled that the city faces potential First Amendment violations if it tries to block a gay pride festival at Centennial Park while it permits other community groups to use public parks.

“The group in the present case has a constitutional right of free speech and assembly. . . . There are no facts to indicate that this group poses any ‘clear and present danger,’ ” said Edward J. Cooper in a memo to the City Council.

The event, which is scheduled to be held Sept. 9 and 10, has received approval from the city’s recreation and community services agency. However, the festival became a political hot potato last week when gay activists and evangelical Christians debated the issue during a City Council meeting. The majority of the crowd of about 600 people was opposed to the event.

Mayor Calls for Memos

Mayor Daniel H. Young, who earlier had said he was concerned that the event was taking place in a “quiet residential neighborhood,” then asked the city attorney and city manager to prepare memos on whether the gay pride festival should go forward.

Councilman Daniel E. Griset said Thursday that despite Cooper’s memo, “I am not getting involved in the issue until the city manager issues his report. I will consider a variety of opinion before coming to a decision on this issue.”

City Manager David N. Ream said his memo will not be ready for “another week or two.”

However, Councilwoman Patricia A. McGuigan said that “unless a council member has a different recommendation the event will take place.”

Other council members were unavailable for comment Thursday.

Steven Sheldon, spokesman for the Anaheim-based California Coalition for Traditional Values, said his group disagrees with Cooper’s legal opinion. Sheldon cited a provision in the municipal code that gave the city the power to deny a park permit if an event will “unreasonably interfere with or detract from the general public use and enjoyment of the park.”

However, Janet Avery, president of Orange County Cultural Pride, the group that is organizing the event, said: “As an American I assume I have a right to peaceful assembly. . . . This is a pride festival, not a protest or demonstration.”