Democrats Sue to Block Fair’s Politicking Ban

The organizers of city of Orange festival established to promote community and international understanding cannot limit political expression, Orange County Democrats claimed in a suit filed Tuesday in federal court.

The suit--which names as defendants the Orange International Street Fair Inc., two fair officials and the city of Orange--charges that a decision to exclude the Democratic Party because the party plans to distribute political literature is a violation of free-speech provisions of the U.S. Constitution.

The Democrats also sought $1 million in damages and a temporary restraining order to bar fair organizers from assigning their booth to any other group until the dispute can be resolved. Orange Republican Women has received approval for a booth at the fair, which is expected to draw up to 400,000 people to the city’s historic plaza on Sept. 1 to 3.

“It’s anti-American,” said Paul Garza, executive director of the Orange County Democratic Party. “(Fair officials) are trying to put limitations on what we can say and what issues we can raise. That is wrong and dangerous and against the best of American traditions. I’d like to see the Republicans have their crack at saying whatever they want to say, too.”

But Orange County Republican Party Chairman Tom Fuentes said the lawsuit is a case of sour grapes.

“The Democrats in Orange County have been so overwhelmingly defeated in all partisan offices . . . that they have taken to the abuse of the courtroom as a new battleground,” Fuentes said.

Democrats were informed in a July 21 letter from fair Vice President Ruth Calvert that their booth application was rejected because the party’s $200 check for booth rental was drawn on a political action committee’s account, the Orange County Voters Rights Committee. Calvert also said literature the party planned to distribute included a petition and requests for donations, a violation of fair bylaws.

The letter, which states that the Democrats can reapply for a booth before Friday, says that political parties will be prohibited from any activity or displays other than voter registration.

Calvert said Tuesday that the same restrictions apply to all fair participants and she declined further comment.

Last year, fair operators barred the Orange chapter of Amnesty International, the Nobel Prize-winning human rights organization, saying the group would clash with the fair’s “hometown camaraderie of neighbors.”

Mark Rosen, attorney for the Democratic Party, said party literature is protected by the First Amendment and blamed fair restrictions on Republican “arrogance.”

Orange Mayor Don Smith said he has asked the city attorney to review the city’s contract with the fair organization to determine if the city may be held liable in court.

“I wouldn’t think that the Democrats could be kept from passing out literature and registering voters,” Smith said. “That’s what the Orange Republican Women do. That’s the purpose of political parties.”

Marcia Gilcrest, precinct chairman for the Orange County Republican Party, said the Orange Republican Women have operated a booth at the fair for at least 15 years. Besides distributing political literature, she said, they register about 500 voters at the fair each year.