Protests can continue to take place outside the home of a resident or elected official in Santa Ana after officials deadlocked on a proposed law to curtail the practice Tuesday night.
The decision comes after a series of protests this year outside Congressman Lou Correa’s Santa Ana home as a host of residents pressure him to call for a ceasefire in Gaza.
[Read: Santa Ana Eyes Banning Protests in Front of Homes]
It also comes as Correa’s neighbors supported the law, raising concerns about noise disruptions outside their homes amid protests against the congressman.
Meanwhile, activists and community groups argued the proposed law violates the First Amendment.
On Tuesday, Santa Ana officials deadlocked 3-3 on an ordinance that would implement a 300-foot buffer zone between targeted residential protests and the resident’s property line.
Mayor Valerie Amezcua, Councilmembers Phil Bacerra and David Penaloza were supportive of the ordinance, saying the protests were disruptive to residents living near the congressman.
Councilmembers Johnathan Hernandez, Ben Vazquez and Jessie Lopez voted against it, expressing concerns the proposed ordinance restricts people’s First Amendment rights.
Councilwoman Thai Viet Phan was in Vietnam Tuesday and was not present during the vote.
Hernandez said while he doesn’t support protests targeting people’s homes, the proposed ordinance clashes with First Amendment rights.
“Protesting is a part of what we’re able to do living in America,” he said. “This is a fundamental human right that you have in this country.”
Amezcua and Penaloza argued that they support the ordinance because the protests are inconveniencing residents who live near Correa.
“I could care less about the inconvenience that Congressman Correa’s facing, but I care about his neighbors, the dozens and dozens of neighbors that have nothing to do with any of this and are now being woken up at 6:30 in the morning,” Penaloza said.
While Correa has not publicly called for a ceasefire, a majority of Santa Ana officials two weeks ago adopted a resolution calling for a bilateral ceasefire and two-state solution in Israel and Palestine – the first OC city to do so – following months of pressure from a host of activists and residents.
[Read: Santa Ana Calls For Bilateral Ceasefire in Palestine and Israel]
Bacerra blamed the protests on the introduction of multiple “one-sided” resolutions on Palestine and Israel – which he said “stoke the flames of hate.”
“Because of four council members, while our congressman is representing us all the way in Washington, DC, his wife, his children, and his neighbors have not been able to enjoy the tranquility, privacy and safety of their homes that any resident in Santa Ana should be able to enjoy,” he said in support of the ordinance.
City Attorney Sonia Carvalho said the ordinance was initiated by staff and not requested by Correa or anyone on the city council.
Carvalho also said there’s an existing ordinance in the city that forbids picketing at homes.
“After reviewing the Municipal Code and the law, we learned that there were ways to improve the existing ordinance,” Carvalho said.
She pointed to other cities that have similar ordinances like San Diego, Fontana, Riverside, El Monte, Carlsbad and Monrovia.
“This is a restriction on First Amendment rights. That’s what this is. But it’s a lawful restriction,” Carvalho said.
“Just because it’s lawful doesn’t make it right,” responded Lopez.
A similar ordinance is expected to be voted on in Irvine next week at the request of Councilwoman Kathleen Treseder.
Residents & Activists Weigh In on Ordinance
For about two hours Tuesday, residents – mostly opponents to the proposal – sounded off on the move.
Critics, including community groups like Chispa, the Harbor Institute, VietRISE and the American Civil Liberties Union, said the ordinance violates First Amendment rights and attempts to silence pro-Palestinians activists.
“If adopted, the ordinance will be one of the most restrictive targeted residential protest laws in the Country,” reads a March 18 letter from the ACLU to Santa Ana City Council members.”
“The agendizing of the ordinance in response to ongoing residential protests raises an inference that the measure is intended to stifle expression of a political viewpoint that the Mayor and some members of the Council may disagree with, but laws that discriminate based on viewpoint are unconstitutional.”
An online petition against the ordinance has garnered 566 signatures so far.
Correa sent a letter to council members on Tuesday in support of the ordinance, arguing that protestors come to his home with bull horns and sirens in the early morning and at night.
He also alleged that protestors claim to be civil and peaceful but they’re not.
“Letting our neighbors live a peaceful life, free from fear and distress should be a priority to us all,” he wrote.
“As a policymaker, I will not allow taunts or threats dictate my actions. As this policy debate continues, it is important we do our best to keep such discourse civil in the public sphere and away from people’s homes.”
During Tuesday’s public comment, many people criticized Correa.
They argued that the protests outside his home have been peaceful and that before they started showing up to his house, they called, emailed and protested outside the Congressman’s office.
Hairo Cortes, the executive director of Chispa, called the proposal “The Lou Correa peace of mind ordinance.”
“There has been a consistent pattern of cowardice in the face of opposition and an antipathy towards opposing viewpoints within this council over the last year and a half and that’s what this ordinance is about,” Cortes said.
“Enough. Be adults and accept that responsibility that comes with being a public official. Engage with your constituents. Argue with us if you want.”
Some residents, including Correa’s neighbors in Floral Park, wrote to the council and spoke in support of the ordinance Tuesday arguing that the protests have been disruptive to nearby residents.
Alison DeMark, a Floral Park resident, said she is not against people’s right to protest, but residential tracts shouldn’t be a venue.
She said residents “should be afforded the opportunity to have sanctuary in our own homes. This ordinance is aimed at ensuring peaceful personal residence. It’s not aimed at the cause in which the majority of individuals speaking tonight think it is.”
After the public comment portion of Tuesday’s meeting, another protest kicked off outside Correa’s home.
Hosam Elattar is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.
