ACLU Attorney Peter Eliasberg, Chief Counsel and Manheim Family Attorney for First Amendment Rights, today notified Mayor Victor M. Gordo, Police Chief Eugene Harris and City Attorney Michele Beal Bagneris of alleged illegal restrictions on the First Amendment activity of René H. González, President, Pasadena International Sister Cities Association (PISCA) and Chair, Guanajuato Proposed Affiliation (PA) Committee. The violation of González’s rights is alleged to have occurred during the 2025 Latino Heritage Festival event.
“I am writing about actions by a Pasadena city official, Ms. Vannia De La Cuba, and members of the Pasadena Police Department, who violated the First Amendment rights of René González during the Latino Heritage Festival in October 2025.”
The letter states that González and some of his associates attempted to display two Mexican flags and a sign reading “Viva Mexico – Guanajuato” on a public sidewalk during the Latino Heritage Festival in Centennial Square at City Hall.
González and his colleagues “were expressing their pride in Mexican culture and advocating for the City of Pasadena to set up a sister city relationship with Guanajuato, Mexico,” the letter states.
The letter alleges that city employee Vania de La Cuba and members of the police department told González he could not remain in the area unless he had a permit, demanded that he leave and subsequently escorted him from the area.
The Legal Arguments
The letter states that the actions of de La Cuba and the police violated González’s First Amendment right for two reasons. His activities were on a public sidewalk and did not require a permit. Secondly, “even if the permit for the Latino Heritage Festival covered the public sidewalks abutting Garfield Avenue and E Holly Street, the law is very clear that when a person or group obtains a permit to hold an event that is open to the public on city streets or sidewalks, the public has a right to engage in First Amendment activity at the event.”
The four-page letter cites numerous legal references for the ACLU position, “based on a number of well-established First Amendment principles,” and that “the United States Supreme Court has repeatedly held that city streets and sidewalks are traditional public fora in which members of the public have broad rights to engage in First Amendment activity.”
The letter also states that displaying flags and signs with messages “are unquestionably protected by the First Amendment.” And lastly, the letter states that granting a permit to a person or organization to hold a public event on public streets, sidewalks, or parks does not change the location’s status as a public forum.
The letter further states that the special permit issued by the City to the Arts Council does not give the permittee or a government entity “the power to restrict members of the public’s First Amendment rights to engage in expressive activities so long as they do not interfere with the permitted event itself.”
Eliasberg cites several court rulings holding that a city’s practice of enforcing “the right of permit holders sponsoring an event to evict any member of the public who espouses a message contrary to what the permit holder wants as part of its event” violates the First Amendment.
Eliasberg states, “It is indisputable that Mr. González was not in any way interfering with the Heritage Festival by standing on a sidewalk by the Plaza engaging in First Amendment activity while leaving ample room for pedestrians to use the same sidewalk. Thus, Ms. de La Cuba and the Police Department violated his constitutional rights when they demanded he leave the area.”
González’s Position
González has brought the issue forward because he wants to continue to engage in First Amendment activity on public sidewalks at the upcoming 2026 Latino Heritage Festival and at other times, “but he is afraid to do so because of the actions of Ms. de La Cuba and city police officers,” the letter states.
“The treatment of our PISCA volunteers and me was disturbing,” said González. “We are all volunteers who dedicate our personal time to promoting Mexican culture, civic engagement, and friendship between Pasadena and Guanajuato. We were not causing a disturbance or creating a public safety issue. To treat us like criminals and be escorted away from a public sidewalk while peacefully engaging in community outreach was completely unacceptable and sends a chilling message to every resident willing to volunteer their time to make Pasadena a better place.”
“As documented in the June 26, 2026 letter from the ACLU of Southern California,” González continued, “our volunteers were engaged in protected First Amendment activity on a public sidewalk when they were ordered to leave, raising serious constitutional concerns.”
Eliasberg’s letter requests that the City officials inform him by July 15 whether they will commit not to interfere with Mr. González’s protected First Amendment activities on public sidewalks in the future.
Eliasberg added: “If not, I will have to discuss with Mr. González all other ways to protect his constitutional rights against illegal actions by city officials.”
The Honorable Members of the Pasadena City Council are copied.
Latin Heritage Festival
The event began in 1999, organized by a volunteer committee seeking to elevate Latino visibility in Pasadena’s civic life. It has been a partnership between the Pasadena Latino Heritage Committee and the City of Pasadena’s Parks, Recreation, and Community Services Department.
For most of its history, the celebration combined a parade through Northwest Pasadena with a street festival featuring folklorico dancers, mariachi bands, charros, youth groups, local vendors, food, and live music. It typically takes place in September or October, during National Latino Heritage Month.
The event grew steadily over the decades. By 2025, the organizing committee decided to cancel the parade portion due to ongoing concerns affecting the community (widely understood to relate to immigration enforcement climate). Still, it proceeded with an expanded festival at Centennial Square in front of Pasadena City Hall. The Pasadena Community Foundation maintains a dedicated Pasadena Latino Heritage Parade & Festival Fund to support the event’s long-term sustainability.
Previous ACLU First Amendment violation notice
Still unresolved since January of 2023, the ACLU challenged the Pasadena Noise Ordinance as unconstitutional after local Hilton Hotel employees went on strike, and the Pasadena Police Department arrested three for violating the City’s noise ordinance. The strikers used bullhorns and drums during their sidewalk protests.
After the arrests, the ACLU informed the City of Pasadena that, in its opinion, the City’s noise ordinance was unconstitutional because it allegedly violated the First Amendment right to peaceful protest.
Upon receipt of the ACLU’s “know your rights” notice, charges against the protestors were quickly dropped, and the Pasadena City Council instructed the City Attorney’s office to rewrite the Pasadena Noise Ordinance. Three years later, we’re still waiting for that rewrite.
A contract was awarded to Rincon Consultants in late 2025 to create a comprehensive General Plan Update. The contract is a citywide effort to overhaul guidelines and address modern urban sounds, such as those from light rail transit. The City of Pasadena PIO’s office had no further information, as “appropriate staff” is out of the office and will return on Monday.
