A federal judge has ruled that the City of Prattville cannot deny the right of a local LGBTQ+ group to participate in tonight’s Christmas parade downtown.
U.S. District Judge Austin Huffaker Jr. issued the ruling Friday afternoon following an emergency hearing on a motion filed Thursday night by Prattville Pride claiming the city had violated their First and Fourteenth Amendment rights.
“The decision in this case aligns with our values and beliefs in the rule of law and constitutional rights. We believe the ruling promotes unity within our community, especially during Christmas, a season meant to bring people together,” said attorney Julia Collins, counsel for Prattville Pride. “This case is not about politics but rather about ensuring that all community members have equal access to public events, as guaranteed under the law. We will have no further comments on the pending litigation.”
Members and friends of the group were hard at work on their float Friday morning despite being barred from the parade, in hopes that the ruling would come in time for them to join the evening’s festivities.
“We were thrilled to learn that a federal court has granted us an injunction allowing Prattville Pride to participate in the city’s Christmas parade,” Prattville Pride said in a statement to APR Friday. “This ruling is a powerful affirmation of the importance of visibility, representation, and inclusion for all members of our community. The Christmas parade is a cherished holiday tradition, and we are excited to celebrate alongside our neighbors and friends in the spirit of love, joy, and unity.
“While we celebrate this important step forward, we must also acknowledge the challenges and hateful rhetoric that have been directed towards our organization and the LGBTQ+ community during this process. Such negativity can have a profound and damaging effect on LGBTQ+ individuals, particularly youth, who often face heightened risks of isolation, mental health struggles, and rejection.
“This is why Prattville Pride exists—to ensure that LGBTQ+ individuals feel safe, seen, and supported. Our participation in the Christmas parade is more than just a celebration; it is a statement of belonging and a reminder that love and acceptance are integral to the fabric of our community.”
Huffaker rules that Prattville’s actions are known as a “heckler’s veto,” an unconstitutional restriction on free speech for fear of retaliation based on the content of the speech.
“In the hearing this morning, the City claimed that prohibiting Prattville Pride’s parade participation is the least restrictive means possible to avoid violence, which again is limited to vague online threats of throwing eggs, rocks, or water and slashing the float’s tires,” wrote Huffaker Jr. in the ruling. “The heckler’s veto is what the Court has before it today. The City removed Prattville Pride from the parade based on its belief that certain members of the public who oppose Prattville Pride, and what is stands for, would react in a disruptive way. But discrimination based on a message’s content ‘cannot be tolerated under the First
Amendment,’ and viewers or ‘[l]isteners’ reaction to speech is not a content-neutral basis for regulation.’”
Mayor Bill Gillespie announced Thursday morning that the group would not be allowed to participate in the parade citing “serious safety concerns” and arguing that he had a duty as mayor to protect the safety of citizens even at the expense of the rights of Prattville Pride.
“This decision was made with careful thought and consideration while balancing the rights of parade participants against the overall safety of everyone involved at the parade,” Gillespie said in his Thursday statement. “The City will always respect freedoms and rights of expression. However, as in this instance, it must put the overall safety of its citizens first.”
Attorney Andrew Odom, counsel for the City of Prattville, warned council members at their regular council meeting Tuesday night that any action taken to prevent Prattville Pride from participating in the parade would likely invite constitutional challenges.
“My opinion, based on what I’ve seen so far, I would not advise the council to participate in any kind of prior restraint for speech that has not occurred yet,” Odom said.
Prattville Pride thanked its supporters and the attorneys that helped them file the motion on short notice Thursday.
“We want to express our deepest gratitude to our attorney, Julia Collins, and the Harris Law Firm for their incredible support and timely response,” Prattville Pride said in the statement. “Their willingness to prioritize this case as soon as they heard about the city’s decision was crucial in getting the motion filed in time. Without their expertise and dedication, this victory would not have been possible.
“We are incredibly grateful to everyone who has stood by us and advocated for equality. Together, we are building a more inclusive Prattville where everyone has a place to belong.
“In addition to our ongoing Point of Pride fundraiser, we are calling on our supporters to consider donating to The Trevor Project, a vital organization dedicated to serving at-risk LGBTQ+ youth. By contributing, we can help ensure that young people in our community and beyond receive the support and resources they need to thrive.”
