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City Attorney explains process behind Riverside Pride Fest Event

Seguin, TX, USA / Seguin Today
City Attorney explains process behind Riverside Pride Fest Event


(Seguin) — The Seguin City Council and the community on Tuesday got a better idea of the process and procedures that were used to allow a Pridefest event to be held on October 31 at the Seguin Coliseum.

City Attorney Mark Kennedy was asked by some members of the council to make a presentation on the subject. Kennedy says the Coliseum is a public space that generally can be rented by anyone. Kennedy says it’s been used for a number of purposes over the years.

“The Seguin Events Complex, which includes the Coliseum, it’s a designated public forum. It has had events in the recent past, such as weddings, celebrations, church services, and church rites. There was a gentleman, I guess a month ago on public comment, said, ‘well, I can’t be baptized there, so why can these other folks have an event there?’ Well, he sure can. He can be baptized there. If his church is having an event there or having religious service, which includes baptisms, then he can. We won’t do it for him, but because it’s a designated public forum, that church can lease the facility, can have an event there, and can perform that religious rite. And religious rites are performed — weddings all the time as well.

So, (it also hosts) fundraisers, gun shows, and other civic events. A wide variety of things that have happened there,” said Kennedy.

The process of renting the Coliseum is not something that is considered by the city council. Those opposed to the event have accused the council of allowing it to happen, but Kennedy again stressed that was not a decision made by the council. The lease agreement was simply part of the city’s normal operation when it comes to the usage of the Coliseum.

“It’s available on a reservation basis. You will not have seen this because council does not vote on the lease agreements that are executed. You’ve set out a set of rules that are content neutral, that dictate reasonable limitations on time, place, manner, et cetera. You’ll find things in the lease agreement regarding alcohol sales, regarding liability insurance, et cetera. But otherwise, it’s run by staff and it’s available on a first-come, first-served basis. There’s not been, in my time here, an occasion when council considered voting for or against a lease contract with any event that was being held at the events complex,” said Kennedy.

The lease agreements generally don’t consider the content of each event, but Kennedy says in this case, there are state laws that must be followed. He says based on their review, those laws are being followed by the organizers of the Pridefest event. He says they not only have to keep kids from the drag show, but the entire event cannot be considered sexually oriented because that would not be allowed in a public space.

“We’ve heard from the promoters that they’re not going to allow anyone under 18 in the afternoon session where this drag show is planned to be. That does not absolve them of adherence to the laws that stem from SB12. This is still on public property. And because of that, it still cannot be a sexually oriented performance, something that crosses that line. That has been made clear by staff to the promoters because we’ve had that conversation…and they’ve indicated that they do not intend to get anywhere near the line of sexual oriented performance,” said Kennedy.

Kennedy also addressed the security concerns that have recently been raised about the event. He says the event’s organizers have a security plan in place, and if additional security is needed outside the event area, then the city would be prepared to step in to keep everyone safe.

“The Riverside Pride event has at least six security officers that they’ve hired, which is more than we normally require. Plus, they’ve indicated that they intend to hire private security to augment that. So, I believe there’s going to be a strong security presence at the event that they plan to pay for. What if there’s a protest group or protest groups that also show up? Then what would happen under our normal procedures and protocols is that additional law enforcement would be sent to support that, establish a picket line if that is needed in order to promote safety and peacekeeping,” said Kennedy.

Kennedy was also asked to address the council’s ability to state their religious preferences and beliefs during council meetings. Kennedy says the issue is not as simple as leaving your beliefs at the door. He says no one is fully expected to do that.

“I don’t pretend that anyone checks their beliefs, religious or otherwise, at the door when you come in here, and neither do I. That’s important. We all come to this room with a set of beliefs. We’re all informed by those beliefs,” said Kennedy.

While those beliefs may inform how a council member votes, Kennedy says that clearly established laws must be followed.

“You did take an oath to uphold federal law and state law. If the law is clear, and it may offend your beliefs, then I think the options that you have before you are either recusal or go ahead and vote for it following the law,” said Kennedy.

Over the last three council meetings, the council has listened to impassioned responses from people on both sides of this issue. That’s been happening even though there’s never been any item on the agenda about whether it can be held or not. That’s largely because that decision has already been made and the event is now in the books.

“The situation that we’ve talked about this evening, and we’ve talked about for the last month and a half here, or we’ve heard about for the last month and a half here, is not before the council. There’s nothing for the council to vote on. It is a lease agreement that’s been executed. It’s a lease agreement that was executed because that’s what happens in your own course of business at the city. So, I’ve explained to you at least why that happened without it coming to you. But I do think that helps maybe explain a little bit about how those balances are had when there is an item that you have to consider,” said Kennedy.

There is no process to bring the issue before the council for consideration. However, Kennedy says that would change if staff learned that the event would violate state law.

“If staff heard that there is going to be, for instance, a violation of the laws that stemmed from SB 12 in 2023, then staff would inform (City Manager Steve) Parker, first of all, and then an item would likely be brought to consider that, or it would simply be done in the normal course of business. I think it probably would be appropriate to bring it to council at that point. We have not heard any facts that indicate that at this point,” said Kennedy.

The presentation by Kennedy was an informational item only, and there was no action to be considered by the city council. The fact that the issue has never come before the council for consideration has never slowed down the parade of speakers who have shown up at recent council meetings. That was again the case on Tuesday night. There were more than two hours of speakers expressing their views both for and against the event.

Most of those speaking against the event spoke about their religious objections to it. One Hope Church Pastor James Parker was among those who spoke out during the meeting.

“History shows that what a culture celebrates eventually becomes what it accepts, what it teaches, and what it expects others not merely to tolerate, but to affirm. What begins as a request for acceptance often becomes a demand for celebration, affirmation, and approval. Many Christians feel pressure because those categories become blurred. Historically, people could tolerate something without affirming it. Today, disagreement is often interpreted as hostility. As Christians, our concern is not rooted in fear or hatred of people. Every person is made in the image of God and deserves dignity, respect, and compassion. But we also believe that the truth matters. Scripture teaches that God created humanity, male and female, established marriage as the covenant union of one man and one woman and designed sexual expression to exist within that relationship. These truths are increasingly viewed as outdated or even offensive by our culture,” said Parker.

Local resident Wesley Radcliff supports the event, and he expressed his frustration with those who say they oppose it.

“I would never have imagined Seguin would be the community that we would have to show up to meetings to defend an entire portion of our Seguin family here. I’ve never seen the gay community be so ostracized here as what has happened in the last few weeks. This and other types of oppression here is honestly unfamiliar. When this first started to gain traction, the big uproar was that it wasn’t going to be safe. When they found out that security would be provided and the area would be secure, that argument fell through. So, then they moved on to age laws. When they discovered that people were going to be ID’d and would have to check in and there would be a separate ID check for events held inside the auditorium, that argument fell through. Then it became about drag show laws. And when they found out the organization was going to follow those laws as well, that argument fell through. Then it became about the building. Honestly, it’s exhausting. It has come down to outright prejudice, homophobia, and an out casting of a vulnerable group of people here in Seguin,” said Radcliff.

The Riverside Pride Fest is slated to be held from 10 a.m. to 1:45 p.m. on October 31 at the Seguin Coliseum. Organizers say this portion of the event will be family-friendly and include food, music, face painting, and other fun activities. They say it will shut down at 1:45 p.m., and then the space will be cleared in preparation for the drag show, which will start at 2:15 p.m. The drag performance will only be open to adults, and organizers say IDs will be checked at the door.