News & Commentary

 

In its recent editorial (July 29), the Albuquerque Journal suggests that in the wake of federal judge Robert C. Brack’s ruling that the Albuquerque “Pedestrian Safety Ordinance” violates the First Amendment, the city of Albuquerque can still somehow “walk the line” on safety and free speech.

A recent agreement reached by the ACLU and the City of Albuquerque offers some relief and hope for Albuquerque residents who depend on panhandling to get by, but who live in fear of being cited, cuffed, and even jailed.

John Martin makes a living soliciting donations for bottles of water on the side of the street. Every day he swallows his pride, puts on a smile, and offers the best service he can right now. Not too long ago he was homeless, but thanks to the generosity of strangers and strangers-turned-friends, he and his wife now have a roof over their heads – something he is beyond grateful for as the cold weather moves in. John knows all too well that those donations are all that’s standing between him and the cold hard floor of a tent or a shelter.

ACLU-NM lawsuit pushes PED to remove ban against “disparaging” standardized tests SANTA FE, NM—In response to a free speech lawsuit filed in March by the American Civil Liberties Union (ACLU) of New Mexico, the New Mexico Public Education Department (PED) announced that it will begin the process of removing the rule that prohibits PED employees from “disparaging” standardized tests. The PED will ask the court for a stay in the lawsuit while it goes through the necessary steps to remove the gag rule from the books.

ALBUQUERQUE, NM—Yesterday, the New Mexico State Court of Appeals upheld a district court opinion in a case brought by the ACLU which found that former Secretary of State Dianna Duran had violated state IPRA law by withholding public information. In 2011, Duran made allegations before the legislature that foreign nationals had committed voter fraud by voting in New Mexico elections. Due to the serious nature of her claims and their potential to undermine the public’s confidence in New Mexico’s elections, the American Civil Liberties Union (ACLU) of New Mexico filed a public records request for the documentation she claimed supported her allegations. After Duran steadfastly refused to provide the evidence, the ACLU of New Mexico filed a public records lawsuit in 2011. In 2014, a district court judge ordered the state to pay nearly $87,000 in attorney’s fees and costs based on its earlier finding in 2012 that Duran had violated state IPRA law. The district court's decision awarding fees and costs against former Secretary Duran was affirmed yesterday by the New Mexico Court of Appeals.

PED “anti-disparagement” regulation illegally restricts teachers’ free speech.

ACLU alleges that Interstate Stream Commission attempted to bully concerned citizen into silence

ROSWELL, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico settled its lawsuit against the City of Roswell, NM alleging that police officers repeatedly violated the First Amendment free speech rights of two local street preachers, Joshua and Jeremy De Los Santos. Joshua and Jeremy are brothers and members of the Old Paths Baptist Church in Roswell, where Joshua is the pastor. Both believe they have a duty to preach the Gospel in public, and both regularly do so. However, the Roswell Police Department (RPD) arrested both brothers multiple times for expressing their sincerely held religious beliefs in public, as is their right under the First Amendment. Under the terms of the settlement, the City of Roswell will pay $97,000 in compensatory and punitive damages.