First Amendment Lawsuit Brought Against City of San Diego for Rights Infringed by 100+ Year Old Law

McKenzie Scott PC has brought a federal civil rights lawsuit (Claim #24CV1172BTM) against the City of San Diego on behalf of local artist, William Dorsett. Dorsett makes his livelihood as an artist here in San Diego. Last summer, Dorsett came to the aid of another artist he saw being ticketed in Balboa Park. After calling law enforcement "bullies," Dorsett was ordered detained.

Local law enforcement cited Dorsett for his speech-law enforcement claimed that by speaking, Dorsett was causing a "disturbance" in violation of San Diego Municipal Code Section 56.27, a law that has been on the books in San Diego for well over 100 years.

Dorsett, a fierce believer in the First Amendment, fought his citation. At trial, he told the court that his speech and conduct were protected by the U.S. Constitution. Sadly, the trial court did not agree. The court found Dorsett guilty and ordered him to pay a fine. On appeal, the San Diego City Attorney's Office agreed Dorsett should never have been ticketed and his conviction was eventually ordered reversed and dismissed.

Quoting the U.S. Supreme Court, the appellate court noted that the:

"freedom to speak without risking arrest is
'one of the principal characteristics by which we distinguish a free nation.'"

One appellate judge would have gone further and held that San Diego's Municipal Code Section 56.27 was unconstitutional in its entirety. Dorsett is fighting for the right to speak up against the wrongs of law enforcement in public parks, public spaces, and throughout the City of San Diego. He seeks to vindicate the rights of all San Diegans to speak their mind and to speak truth to power.

Civil rights attorneys Michele McKenzie, Tim Scott, and Nic Jimenez from McKenzie Scott PC are representing Dorsett in federal court. The lawsuit seeks declaratory relief, injunctive relief, and damages under 28 U.S.C. § 1983.

CONTACT INFORMATION:

For more information, please contact McKenzie Scott PC Outreach Coordinator:
Jason Kitchen at 517-974-4724 or Jkitchen@mckenziescott.com


McKenzie Scott PC is a San Diego-based civil rights and criminal defense firm founded by former federal public defenders Michele A. McKenzie and Tim Scott – two dedicated trial attorneys with over 20 years of experience fighting for the little guy.