San Francisco denies it harmed NRA by declaring it a terrorist organization

The San Francisco City Attorney's Office argued the National Rifle Association's lawsuit challenging the Board of Supervisor's decision to label the group a "domestic terrorist organization" should be dismissed because it is a non-binding resolution, not a policy initiative.

The NRA has no standing to sue as it will not be harmed as a result of the resolution, according to court documents filed by the city attorney's office on Thursday.

The NRA alleged the San Francisco Board of Supervisors violated its First Amendment rights to engage in political speech and avoid retaliation in its lawsuit. The complaint accused the city's resolution of creating a "blacklisting scheme" and requiring city agencies to "make a list of the vendors and contractors to the government who have relationships with the NRA."

San Francisco disputed the supposed harms the group will suffer because of the "policy statement with no legal effect," wrote Tara M. Steeley in the motion to dismiss. National Rifle Association v. City and County of San Francisco, 19-CV05669 (N.D. Cal., filed Sept. 9, 2019).

The deputy city attorney argued the Board of Supervisors was simply exercising its First Amendment rights by signaling to San Francisco officials they should examine the extent to which contractors do business with the NRA. The resolution does not change any laws, policies, or practices, she continued in the court filing, adding the city has "disavowed" any future "blacklisting of contractors linked" to the organization.

U.S. District Judge Richard Seeborg will consider the issue at a Nov. 21 hearing.

-- Winston Cho