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HARBOR INSTITUTE FOR IMMIGRANT & ECONOMIC JUSTICE March 19, 2024 Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92701 Re: Agenda Item #24 Dear Mayor Valerie Amezcua and Santa Ana City Council Members, We write to express strong concerns about the draft ordinance regarding "targeted residential picketing." This draft ordinance follows other City actions to stifle First Amendment activity, such as the recent media policy that, while in effect, had heavily restricted journalists' ability to capture photos and footage in the City Council chambers. Much of the escalation in restrictions on First Amendment activity in Santa Ana began shortly after a Council meeting in which the primary topic of debate was whether to allow Santa Ana voters to decide to expand the local electorate. It is deeply unfortunate that, while Santa Ana has made strides towards bolstering inclusivity and supporting its working-class residents, much of what the City Council has been most well-known for during the past several months is its antagonism towards constituents and their First Amendment rights. The decisions made by elected officials reach for into the privacy of everyone's homes and affect even the most intimate aspects of daily life. To insist that certain ramifications of those decisions should not touch officials in their own private residences is to declare that elected officials deserve more protection than the people they govern. It is clear that the draft ordinance proposed in Agenda Item #24 is intended to chill First Amendment activity and shield officials from the inconvenience of hearing constituents voice dissatisfaction at failures of leadership. If Council Members are so adamant about chilling First Amendment activity, then they should adequately and thoroughly explain to the public why the provisions of the draft ordinance, such as the very wide buffer distance or the penalties, are necessary. Are there many recent examples of constituents being targeted with picketing at their homes for their political activism or other work that might warrant such action, in the spirit of the San Jose ordinance referenced in the proposal? Although the language of the draft ordinance may, on its face, be neutral, it is clear that it is first and foremost about shielding elected officials rather than the public. We strongly encourage the Santa Ana City Council to focus on the more pressing task of making Santa Ana more affordable, inclusive, and resilient instead of continuously developing new proposals and policies that discourage residents from exercising their First Amendment rights. Sincerely, Harbor Institute for Immigrant & Economic Justice VietRISE El Centro Cultural de Mexico Orange County Justice Fund