On Tuesday, activists from San Antonio and across the state will kick off a citywide petition campaign aimed at empowering voters in May 2023 to take significant steps toward social justice reform. If enough signatures are gathered, this initiative could lead to the decriminalization of marijuana and abortion, prohibit police from employing no-knock warrants and chokeholds, and expand the city’s cite-and-release policy for low-level, nonviolent offenses. This campaign represents a crucial effort to reshape public safety and accountability in San Antonio.
Ananda Tomas, the executive director of ACT 4 SA, a local organization advocating for police reform, emphasized that the proposed constitutional amendment aims to “reduce unnecessary arrests and combat mass incarceration, while also conserving limited public safety resources and promoting police accountability.” This initiative is a proactive approach to fostering a safer environment for all residents of San Antonio.
The official launch of the petition drive is set for Tuesday at 11 a.m., taking place at the steps of San Antonio City Hall. This strategic location reflects the initiative’s intent to engage directly with the community and draw attention to these critical reforms.
If successful, the proposed changes will be presented as a unified ballot initiative during the May 2023 elections, alongside the mayoral and city council races. This comprehensive approach ensures that voters have a clear understanding of the reforms being proposed and their potential impact on the community.
ACT 4 SA is collaborating with Ground Game Texas, a group dedicated to advocating for progressive legislation across Texas communities, as well as other organizations to gather the necessary 20,000 verified signatures from registered San Antonio voters for what Tomas refers to as the “Justice Charter.” This concerted effort aims to mobilize community support for essential reforms.
It’s important to note that attempts to amend the city charter can only occur every two years, necessitating a petition signed by a number of qualified voters equal to at least 5% of the city’s total qualified voter population, which is approximately 60,000, or 20,000—whichever is smaller. This ensures that any proposed changes reflect a significant level of community support and engagement.
The group aims to collect 35,000 signatures, anticipating that some may not pass verification, to submit to the City Clerk before the early January deadline. This proactive approach underscores the urgency of the initiative and the desire to ensure that the voices of San Antonio residents are heard in the legislative process.
Polling conducted by the Democratic research firm YouGov Blue indicates substantial community support for each proposed measure, with favorability ranging from 51% for banning police use of neck restraints to 64% for prohibiting no-knock raids. Overall, the proposal garnered an impressive 67% approval rate, highlighting the widespread demand for reform.
Mike Siegel, political director and co-founder of Ground Game Texas, noted, “These are all issues that, for whatever reason, the city government hasn’t addressed despite clear public demand.” He emphasized the power of direct democracy, stating that this initiative empowers citizens to legislate on matters that resonate with the community.
Discussions surrounding this initiative began late last year as local activists expressed frustration over slow reform processes at city hall regarding the expansion and formalization of the cite-and-release policy. This growing discontent highlights the urgent need for community-driven solutions to pressing issues.
“If we know that this is something the community desires, something that has proven beneficial to the community, but we encounter obstacles at the legislative level,” Tomas stated, “why not take it directly to the community for a vote?” This sentiment encapsulates the grassroots nature of the initiative and the commitment to democratic engagement.
The proposed constitutional amendment seeks to transform the existing cite-and-release policy—currently followed voluntarily by law enforcement and the district attorney—into a legally binding law. It would broaden the criteria for low-level, nonviolent offenders eligible for citation instead of arrest, effectively reducing unnecessary detentions.
In its first year, the current cite-and-release policy reportedly saved Bexar County $4.7 million in jail booking expenses, demonstrating the financial benefits of such reforms. This data reinforces the argument for expanding the policy and highlights its positive impact on the community.
While the City Council has recently passed a resolution that “de-prioritizes” investigations into abortion-related offenses, the proposed constitutional amendment aims to eliminate such investigations entirely, except in cases involving “coercion or force against a pregnant person” or “criminal negligence regarding the health of a pregnant person seeking care.” This decisive measure reflects a commitment to protecting reproductive rights in the community.
Currently, the enforcement of this resolution relies heavily on the police chief and the officers’ adherence to the policy, as Siegel pointed out. “We believe that de-prioritization is too vague. It doesn’t genuinely guarantee the level of safety that the community seeks.” This highlights the need for clear and enforceable legislation.
The proposed constitutional amendment will also abolish the enforcement of minor marijuana possession offenses, with limited exceptions. This approach mirrors the successful marijuana decriminalization efforts in Austin, where 85% of voters supported a similar measure earlier this year. The San Antonio amendment additionally stipulates that police cannot use the “odor of marijuana or hemp” as grounds for probable cause in any search or seizure, ensuring a more just legal framework.
The Austin initiative, also organized by Ground Game Texas, included a ban on no-knock warrants, which allow police to execute search and arrest warrants without announcing their presence. An investigation by The New York Times revealed that between 2010 and 2016, 81 civilians and 13 law enforcement officers lost their lives during no-knock and quick-knock raids, underscoring the dangers associated with such practices.
In San Antonio, although no-knock search and arrest warrants and chokeholds are currently prohibited by department policy, exemptions exist. The proposed constitutional changes would establish a legal ban on these practices and define rules for “quick-knock” warrants, addressing a loophole that permits minimal notification time. Siegel elaborated, “This policy clearly outlines how search warrants should be executed, prioritizing the safety of all parties involved.”
The proposal states, “No officers may gain forcible entry into a premises without verified, imminent danger to human life.” It mandates that a knock and announcement must be made in a manner that is reasonably expected to be heard and understood by the occupants of the premises being searched, thereby promoting transparency and accountability in law enforcement practices.
The proposed constitutional amendment incorporates measures already implemented successfully in various cities across Texas and the U.S., as Siegel, a civil rights lawyer and former assistant city attorney for Austin, explained. “These measures are both common and enforceable. We know that police can implement policies like this without compromising public safety.”
The sixth proposed amendment would mandate the city to appoint a “justice director” responsible for overseeing the implementation of these changes. This role would also involve monitoring “future city legislation related to criminal justice and policing,” Tomas noted. “An impact report will be necessary to ensure that we are progressing as a city.”
In 2018, voters approved changes that limited the tenure and compensation of future San Antonio city managers and revised rules concerning arbitration for the firefighters’ union contract. In 2021, voters endorsed a change allowing bond money to be allocated for affordable housing projects.
During the same year, voters narrowly rejected a measure intended to alter the police union’s contract bargaining rights. This proposition was not a charter amendment but rather an effort to repeal local law. Tomas played a significant role in leading the campaign that collected signatures and advocated for votes, known as Fix SAPD, which required 19,337 signatures and raised approximately $930,000.
“I don’t anticipate [the Justice Charter] reaching close to a million dollars,” Tomas stated, highlighting the grassroots nature of this initiative. These proposed changes represent straightforward demands from the community. “This isn’t just us imposing our ideas; it’s based on feedback from the community and their current needs.”
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