Animal rights protesters win suit over Cow Palace access

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[The following article comes from the October 20th San Francisco Chronicle. For thoseof us who have spent many hours protesting rodeos at San Francisco's CowPalace on and off since 1988, this federal Court of Appeals ruling is greatand long overdue news. Congrats to Alfred Kuba for bringing this successfullegal action.] State loses suit over Cow Palace: Protesters can't be kept from entry area, appeals court saysBob Egelko, Chronicle Staff WriterWednesday, October 20, 2004 The Cow Palace violates freedom of speech by shunting animal-rights protestersoff to so-called free-expression zones, far from the main entrance, duringrodeos and circuses, a federal appeals court ruled Tuesday. The Daly City arena, owned and operated by the state, has been restrictingprotest locations since 1988. The current rules require demonstrators to stayin one of three small areas at the edge of a parking lot, 200 to 265 feet fromthe main entrance. In Tuesday's decision, the U.S. Court of Appeals in San Francisco rejected thestate's arguments that the limits are necessary to prevent traffic congestionand protect drivers and pedestrians. The 1-A District Agricultural Association, the state agency that manages theCow Palace, offered no evidence that the handful of protesters who showed upat past events would cause hazards if they had more access to patronsapproaching the arena, the court said. Even if the state's concerns about congestion and safety were justified, thecurrent policy "prevents far more speech than is necessary to achieve thegoals,'' said Judge Martha Berzon in the 3-0 ruling. She said the state mightinstead require demonstrators to stand a certain distance from the entrance orlimit their numbers or placement in areas near the entrance. The ruling, based on free-speech protections in the California Constitution,overturned a decision by U.S. District Judge Phyllis Hamilton upholding therestrictions. The annual Grand National Rodeo is scheduled Oct. 29 to Nov. 7 at the CowPalace. The ruling will not yet be final during the rodeo, but Alfredo Kuba ofMountain View, who filed the suit as coordinator of Silicon Valley In Defenseof Animals, said his group plans to be present and will enforce the ruling assoon as possible. "It's a tremendous victory for all people of California who want to expresstheir views freely,'' declared Kuba, who said he has been arrested severaltimes for violating the restrictions. "If one cannot communicate one's messageto the patrons we want, then we basically have no free speech.'' He said the protesters don't want to block anyone's access, but should beallowed close enough to the entrance that they can speak to or leaflet most ofthe patrons. Deputy Attorney General Charles Getz said no decision has been made on anappeal. But he said the court left room for a ban on demonstrations in frontof the main entrance, "which has always been the concern of the Cow Palace.''Getz also said the ruling could be applied to comparable restrictions onpolitical demonstrators - for example, the fenced areas designated forprotesters at both recent major party conventions - if they occurred inCalifornia, where free-speech rules are more protective than U.S.constitutional standards. Kuba's group holds protests outside the rodeo and the Ringling Bros. andBarnum & Bailey Circus, another annual event at the Cow Palace. Kuba said itsconcerns include the cruelty in such rodeo events as steer wrestling and calfroping, and the conditions under which animals are kept and trained for thecircus. The Cow Palace Web site says the Professional Rodeo Cowboys Association iscommitted to humane treatment of animals, and cites a 2001 survey in whichveterinarians at the association's 67 rodeos reported 25 injuries to animals.