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PETA accused a San Antonio police officer of infringing on one of its members' right to free speech.
PETA member Gabriel Ochoa was distributing leaflets titled "Why go vegan? To honor God" downtown on Feb. 22 when an SAPD officer wrote a citation accusing him of violating a city ordinance, officials with the group maintain. The flyers included Bible verses, vegan recipes and requests that animals be treated with compassion.
According to the city ordinance cited by the officer, it's illegal to hand out leaflets on private property, according to PETA officials. However, that doesn't apply on federal, state or municipal land so long as the handbills are religious, political or charitable.
In a letter sent to SAPD Chief Bill McManus and Deputy City Attorney Jose Niño, one of PETA's attorneys threatened to sue the city, arguing that the nonprofit's leafleting activities on public property are protected under the First Amendment.
"Law enforcement appears to have retaliated against Mr. Ochoa for simply sharing information about saving animals' lives by going vegan," PETA Foundation General Counsel for Animal Law Jared Goodman said in a statement. "The city ordinance explicitly exempts leaflets that are religious and charitable in nature, and Mr. Ochoa will pursue legal action unless this unlawful citation is withdrawn."
In the end, the office of San Antonio City Attorney Andy Segovia opted to throw out the citation. It was dismissed March 21.
"After a review of the facts and the applicable law, the city decided to withdraw the citation," the office said in a statement emailed to the Current.
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