Gente Organizada, in collaboration with the ACLU Foundation of Southern California, filed a lawsuit against Pomona on Tuesday. The lawsuit comes after the community group was ordered to take down three banners with political messages that were displayed outside their building. One of the banners specifically calls for defunding the Pomona Police Department. The Los Angeles Superior Court petition filed by Gente Organizada argues that the city of Pomona has violated their constitutional right to free speech. Gente Organizada and the ACLU are seeking a judgment declaring the applicable zoning ordinance section unconstitutional and overturning the hearing officer’s decision to uphold the citation against the organization.
The city attorney has not yet responded to a request for comment regarding the lawsuit. Gente Organizada is a non-profit organization based in Pomona that focuses on community empowerment and well-being for youth and immigrant families. They own and operate a youth center on West Holt Avenue. The front of their building features two pieces of art, one showing people marching with a “Defund Pomona police” sign, and the other resembling a roll of film with protest images. The third banner, located on the side of the building, incorporates images of community partners, flowers, and a landscape alongside the message “End institutional violence.”
According to the petition, Gente Organizada received a citation from the city in March, stating that the banners had to be removed or the organization needed to obtain approval for a temporary banner permit from the Planning Department by March 21. The citation referenced a section of the Pomona City Code, which only allows banners for advertising a grand opening, business change, ownership change, or nationally recognized holidays, given that the proper requirements are met.
A month later, the city sent a citation to the home address of a Gente Organizada co-founder, who paid a fine of $172. Although the city granted the organization’s administrative hearing request, the hearing officer upheld the citation, deeming the city’s ordinance as constitutional and not a content-based restriction on speech.
The petition argues that the permit requirements in the city’s municipal code pertain to business-related signs or signs of a commercial nature, which do not apply to the banners displayed by Gente Organizada since they do not convey a business-related message. Furthermore, the code is vague and lacks clarity, making it difficult to determine whether certain signs or banners are exempt from permitting requirements, require a permit, or are completely prohibited.
Overall, the petition asserts that the city’s actions violate fundamental constitutional rights. Gente Organizada and the ACLU aim to challenge the constitutionality of the zoning ordinance section and seek justice for their right to free speech.
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