ENCINITAS: Husband says memorial ban violates free speech rights

Encinitas has violated the U.S. Constitution's free speech provisions by banning a local arts group from publicly displaying banners with a memorial message honoring former Councilwoman Maggie Houlihan, her husband told the City Council on Wednesday night.

Houlihan's husband, Ian Thompson, told city officials that they made a "shameful," politically motivated decision when they barred the memorial message from public display, and that they must rescind the decision by April 6.

Speaking to a reporter outside the council chambers after he made his announcement, Thompson and his attorney said they were considering legal action against the city, but said they hoped it wouldn't come to that point.

"I'm waiting to see what the next steps are by the City Council," Thompson said.

City Attorney Glenn Sabine, during a break in the council meeting, said he had just received a letter from Thompson's Coast Law Group attorneys and had no immediate comment. He said he would be reviewing the attorneys' letter and a letter he recently received from the local chapter of the American Civil Liberties Union.

In that letter, the ACLU's chapter legal director David Loy wrote that he had concerns about the city's decision to prevent the banner displays.

"Based on the facts as I understand them, the city may have violated the First Amendment," Loy wrote and cited several court cases in other communities.

Thompson's announcement Wednesday night was the latest development in a controversy that began months ago when the organizers of the annual Arts Alive banner project decided to honor Houlihan by putting her photograph and a memorial message on the back side of this year's arts banners ---- a spot where they usually advertise the annual arts banner auction in May.

Houlihan, who was well known for her support of local arts programs, died in September after a five-year battle with cancer. She was serving her third term on the council at the time of her death.

The banners were printed and distributed to local artists, who had agreed to decorate the front sides, when opposition to the Houlihan memorial message surfaced. The city manager's office informed project organizers that the memorial message wasn't allowed under the terms of the group's temporary city sign permit and thus the banners couldn't be displayed on city light poles.

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ENCINITAS: Husband says memorial ban violates free speech rights