On February 28, the Liberty Justice Center submitted an amicus brief to the U.S. Court of Appeals for the Fifth Circuit, advocating for two animal rights activists in their free speech lawsuit against Houston.
The lawsuit originated in September 2023 when activists Daraius Dubash and Faraz Harsini were removed multiple times from Houston's only public park by staff and police. The removal was due to their peaceful protests against factory farming, which park management deemed "offensive."
Houston's defense claims that Discovery Green Conservancy, a nonprofit managing the park under city contract, is responsible, not the city itself. A lower court ruled in favor of Houston, prompting Dubash and Harsini to appeal to the Fifth Circuit Court.
The Liberty Justice Center argues in its brief that Discovery Green Conservancy acts as a state entity on behalf of Houston. The brief highlights that the Conservancy performs state functions with municipal resources and is policed by off-duty Houston officers, indicating government action. Thus, it contends that Houston did infringe upon the activists' free speech rights and cannot deflect responsibility onto Discovery Green Conservancy.
The amicus brief calls for the Fifth Circuit Court to reverse the lower court's ruling and ensure that residents' rights are not compromised through private entities without accountability.
Reilly Stephens, Senior Counsel at Liberty Justice Center, stated: “The district court’s decision blurs the line between state and private actors, creating dangerous opportunities for the government to contract away its constitutional obligations by abusing idiosyncratic corporate structures and masquerading as a private company.” He further urged that “the Fifth Circuit should hold the city of Houston accountable for its violation of the First Amendment.”