Mayor Gina Ortiz Jones conceded during a Tuesday afternoon news conference that she lacks the City Council votes required to cancel a July 4 Alamodome performance by polarizing hip-hop star Ye, formerly Kanye West.
“At this point, the only way to cancel this concert is to have a public vote, and we don’t have the votes,” said Jones, who tweeted over the weekend that Ye, who’s come under fire for antisemitic comments, shouldn’t be allowed to play the city-owned venue. “Some folks have prioritized economic interests over what they say are their values.”
Despite Jones’ efforts, six council members released a public letter stating that they generally oppose censorship. Those members were Sukh Kaur, Marina Alderete Gavito, Jalen McKee Rodriguez, Misty Spears, Teri Castillo and Marc Whyte.
“We can condemn hate without resorting to censorship, which could set a precedent toward limiting expression based on objectionable viewpoints,” the council members wrote. “This event also matters economically. It is projected to generate roughly $1.7 million for the Alamodome.”
Jones said the announcement of the concert caught her off guard.
“The way I found out about this, to be frank, there was some outreach a couple of months ago from a state representative saying the Kanye team would really like to do a concert at the Alamodome, and I immediately said, ‘no,’” she said.
Later, a city staff member emailed Jones offering her tickets to the show, she added.
If the concert was to be scrapped, Ye’s contract doesn’t have a cancellation fee, the mayor said. However, she added that there could be some undetermined costs.
As of Monday, some 50,000 fans had purchased tickets for the show, according to a city statement. More than 14,000 purchases were made from Bexar County, while the remainder came from outside the county, including some from outside the state and outside the country.
Economic concerns aside, free-speech advocacy group the Foundation for Individual Rights and Expression (FIRE) said a cancelation would leave the city open to First Amendment-based lawsuits.
“[T]he Alamodome is a publicly owned venue, and they are bound by the First Amendment,” FIRE representative Aaron Terr told the Current. “Which means that they can’t reject or cancel shows just because officials think a performer is offensive or [they] just don’t like something that he said.”
Ye has taken heat for repeated antisemitic remarks, marketing fashions featuring swastikas and releasing a song called “Heil Hitler.” West later apologized for his remarks, saying he was grappling with mental health issues when he made them.
Regardless of his apologies or intent, the rapper’s words and actions are protected under the First Amendment, Terr added.
“I think that there would be a very strong First Amendment claim against the city if they would cancel this show over Kanye West’s views or past comments,” he added.
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