No First Amendment Problem with Police Department Allowing Pro-LGBTQ Uniform Patches But Rejecting Alternatives Police Officer Requested
The factual backstory, from an earlier District Court decision:
In approximately August 2017, defendant Edgardo Garcia, then the Chief of Police, created a Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ”) Advisory Board at the SJPD…..  Concurrent with the creation of the advisory board, Chief Garcia created a LGBTQ Liaison Officer position within the SJPD…. In August 2019, as part of the region’s celebration of Silicon Valley Pride Month, Chief Garcia raised a rainbow-themed LGBTQ pride flag in place of the City of San Jose flag on the flagpole outside SJPD headquarters.
On July 28, 2020, Chief Garcia issued official SJPD Memorandum #2020-33, introducing a rainbow-themed LGBTQ pride shoulder patch for the SJPD uniform. On the same day, Chief Garcia also issued official SJPD Memorandum #2020-36, authorizing SJPD uniformed personnel to “permanently” wear either a Breast Cancer Awareness, Pride, or Military specialty patch on their uniforms “in lieu of the traditional shoulder patc
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