Kerrville, political action group headed for federal court on Monday

Kerrville and a political action group will meet in federal court on Monday to determine if the city can enforce its ban on electioneering near the front of the Cailloux Theater during the upcoming municipal election and whether canvassers and solicitors can knock on your door after 8 p.m.

The fate of the legal dispute rests in the hands of Federal Judge Xavier Rodriguez, a President George W. Bush appointee. He will hear arguments on why We The People, Liberty In Action, should receive a temporary injunction against Kerrville over a pair of ordinances that they say violate their First Amendment Rights. The hearing is scheduled for 1:30 p.m. in the Western District of Texas Court in San Antonio. Monday is also the first day of early voting for a contentious and expensive mayor and City Council campaign.

We The People, Liberty in Action endorsed Roman Garcia for mayor and Babarba Dewell Ferguson for Place 4 on the City Council. Three of the candidates (Dewell Ferguson, Garcia and Brent Bates) now have interests in federal lawsuits against the city.

The city must respond to the lawsuit by 9 a.m. Monday. Under the guise of “Liberty In Action Network,” the chief plaintiffs are Terri Hall and Rachel Vickers, non-Kerrville residents. They allege the city is violating their rights to distribute political or religious material as they see fit without regulatory oversight.

The City Council adopted ordinances restricting peddlers, solicitors and canvassers from knocking on doors between 8 p.m. through 8 a.m. The ordinances also limit the distribution of materials on city-owned property and sidewalks. The city would require registration of groups canvassing the city, but it also waived fees and other requirements. The soliciting ordinance is similar to dozens of cities across the state. There are also ample court decisions about the issue.

In addition, Rodriguez will have to consider the electioneering restriction. After a chaotic 2023 election cycle at the Cailloux Theater, the Kerrville City Council voted to move candidate campouts to the east end of the Cailloux Theater property near Jefferson Street. Garcia was the lone opposition. In one instance, as the City Council methodically went point-by-point through the ordinance, Garcia objected to a line that banned campaigns from impeding the path of individuals on sidewalks.