Earlier today, the American Civil Liberties Union filed a federal lawsuit against the city of Rose Bud and Mayor Shawn Gorham, challenging a recent city ordinance that would have limited the ability of canvassers to collect signatures on ballot measure petitions during the town’s upcoming Summerfest event. You can read more about the specifics of the ordinance here, but the short version is that canvassers would have to rent a booth at the event and would not be allowed to leave their booth and mingle among the festivalgoers to collect signatures.
The lawsuit, filed on behalf of For AR Kids, a registered ballot-question committee that wanted to gather signatures at Summerfest this weekend, sought a temporary restraining order that would prevent the city from enforcing the ordinance.
U.S District Court Judge Kristine Baker held a hearing on the request for a temporary restraining order this afternoon. Just before 5 p.m. today, she granted the request.
In the order, Baker wrote:
Plaintiff has established a likelihood of success on the merits based on the record before the Court. To the extent a higher standard applies to this duly enacted ordinance, the Court determines that the higher standard of demonstrated success on the merits has been satisfied. Plaintiff has also established the threat of irreparable harm based on the First Amendment interests involved and plaintiff’s inability to collect an adequate number of signatures before the July 5, 2024, deadline. Based on the record before the Court at this stage in the proceedings, the balance of the equities favors protecting the plaintiff’s First Amendment rights by granting the temporary restraining order.
Gorham told the Arkansas Times earlier today that the ordinance was a public safety measure, designed to prevent canvassers from endangering children by “blocking the exit” and increasing traffic in the area. “It’s a public safety issue that doesn’t have anything to do with what the petitions say,” the mayor said.
At a recent city council meeting, however, Gorham said he didn’t believe the canvassers should be out there because “98 percent of the town” didn’t agree with the substance of the petitions.
Baker’s order specifically quoted Gorham’s statement to the city council as part of the evidence that the ordinance violates the First Amendment.
“Defendants are enjoined from enforcing Ordinance No. 2024-03 and the vendor policy that restricts entities or individuals from collecting signatures in support of ballot-question petitions,” the order says. With this ruling, signature gatherers will theoretically be able to go about their business just like they would at any other public event.
Given the recent spate of police unconstitutionally interfering with canvassers elsewhere in the state, however, it remains to be seen whether Rose Bud Police might attempt to interfere with the signature-gathering process.
In Hot Springs, an attorney attending the Arkansas Bar Association’s annual convention last week was handcuffed and forced to leave the event for carrying signature sheets for a measure to strengthen government transparency laws. On May 30, Little Rock police threatened canvassers with arrest as they stood on a public sidewalk outside of an event hosted by a state agency; at least one officer said they were following orders that originated with Gov. Sarah Huckabee Sanders.
The temporary restraining order entered today expires on July 4 unless the court extends it. Summerfest runs today through Saturday, June 22.