Sometimes governments attempt to cut constitutional corners. They adopt grudging policies and laws rather than firmly securing constitutionally protected rights and conduct. Sometimes governments move more slowly than they should. Threats to constitutional democracy in the U.S. continue to mount; the need for public protest will only grow. The status quo in Santa Fe chills free speech and peaceful assembly. The City of Santa Fe should act promptly and completely to protect our rights under New Mexico and federal civil rights law.

Last week, 1A Santa Fe urged supporters of the proposed Free Speech and Public Assembly Act who live in the City of Santa Fe to write their City Councilors to urge them to read the Act and support it. (A great one is at the end of this newsletter, to inspire those of you who have yet to write your Councilors.) Additionally, a few activists from 1A Santa Fe attended a meeting of the Quality of Life Committee of the City Council, where a law like the Act would originate. We made sure the Committee members had copies of the draft Free Speech and Public Assembly Act along with a memorandum explaining why it says what it does.

We are making every effort to have the Mayor and the Council attend to the content of the Act as drafted, because its provisions wholly satisfy both New Mexico and federal constitutional law.

Currently, another New Mexico municipality faces consequences of its failure to protect freedom of political expression and association. The City of Roswell has been sued by Food Not Bombs Roswell (FNBR) for violating the New Mexico Constitution’s free speech provision. You can find the complaint here.

FNBR, a grassroots political group, began sharing free food during its demonstrations in Roswell’s Pioneer Plaza in June, 2024. The group set up under a banner and political signs with its name. Along with food, FNBR disseminated printed materials with anti-war and human rights messages. After a year, the City of Roswell sought to impose permitting and liability insurance requirements on FNBR, invoking various Roswell ordinances, policies, and procedures. Faced with threats of enforcement and penalty, FNBR stopped distributing food in the plaza in November, 2025. Now, FNBR has sued. It seeks to have one ordinance invalidated and Roswell enjoined from enforcing it and from otherwise restraining and burdening FNBR’s free speech and free expression. The suit also claims compensatory damages and attorneys’ fees.

In addition to trying to wield its food distribution ordinance against FNBR, Roswell also required the group to undertake its special events permit process, which requires lengthy advance notice, indemnification and liability insurance for the city, and open-ended other fees. Along with its challenge to the food ordinance, FNBR objects to each of these requirements because they violate New Mexico’s guarantees of freedom of speech, expression, and association.

FNBR’s complaint does not indicate whether FNBR proposed specific alternative law and policy prior to filing suit. But the complaint makes clear that Roswell city officials knew of FNBR’s objections to city ordinances and policies for at least five months prior to the filing. During this time Roswell apparently did nothing to bring itself into compliance with established New Mexico and federal precedent. Both bodies of law hold that ordinances that burden speech must be narrowly drawn, must not vest excessive discretion in government officials or staff, and must not impose more than nominal on those exercising their free speech rights.

No matter who wins or loses, litigation is costs money and time. By swiftly adopting law and policy that clearly satisfies established constitutional conditions, prudent municipal governments can eliminate the need for lawsuits like FNBR’s against Roswell. The Free Expression and Public Assembly Act would put Santa Fe in clear compliance with New Mexico and federal free speech law. This is why 1A Santa Fe wants Mayor Garcia, the members of the Quality of Life Committee, and the City Council as a whole to focus on the precise provisions of the proposed Act and enact it swiftly.

If you live in the City of Santa Fe, contact your City Councilors to tell them you would like them to adopt the proposed Free Expression and Public Assembly Act. If you need to refresh your memory as to who your Councilors are, check this map of the Council Districts.

Share this link to the online petition for the Free Expression and Public Assembly Act widely. We plan to share the first round of signatures with the Santa Fe Mayor and City Council in mid-May.