Pomona revised sign code in May 2025 to meet constitutional obligation
POMONA — Gente Organizada—a community-led nonprofit—and the City of Pomona have agreed to a settlement that resolves the constitutional free speech violations underlying a 2023 lawsuit over artwork on the façade of the organization’s youth center. In light of the settlement, last week Gente filed a request to dismiss the case.
“While Pomona attempted to block our right to free speech and weaponized city code so that we could not exercise our right to artistic expression, we are grateful this litigation resulted in changes in the city code that uphold our constitutional rights – ensuring that other Pomona organizations are not unfairly subjected to improper citations and fines,” said Ivan Hernandez, director of movement building at Gente Organizada.
As a result of the lawsuit, Pomona worked with the ACLU Foundation of Southern California (ACLU SoCal) and Gente to revise the city’s sign code to eliminate provisions in the law that violated the public’s constitutional rights to free speech and expression.
“We are pleased that the city shifted from its initial citations against Gente and instead worked with us to develop a revised sign code that respects constitutional rights," said Jonathan Markovitz, staff attorney at the ACLU SoCal representing Gente. "We hope this case inspires other cities to honor fundamental rights to free speech and expression when considering their own zoning and sign codes.”
The city has also agreed to revise the Pomona Public Art Code and to provide Gente and its counsel with an opportunity to weigh in on the revised code before it is presented to the city council. In addition, the city has agreed to allow Gente to mount new artwork without having to obtain a new permit for the next five years, and to waive the citations issued to Gente for their art and free expression.
In 2023, Pomona had inappropriately cited and fined the organization under the then-current zoning ordinance for its art. Gente was cited for pieces of art on the facade of its youth center that included:
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an image that imitates a roll of film that includes photographs of protests against police abuses and biased policing;
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an image of some of the group's community partners alongside the message “end institutional violence.”
The building also displays a painted sign that includes the group's name and its role as: “A home for: community organizing, youth & parent leadership, wellness, education & arts programs.”
“Murals, signs and banners are classic venues for free speech and self-expression of all kinds,” said Andrea Feathers of Sheppard, Mullin, Richter & Hampton LLP, representing Gente. “The settlement of this litigation ensures that the public will no longer be subjected to the unconstitutional restrictions that the prior sign code imposed on members of the public who want to choose to exercise their free speech rights in this medium.”
Read the settlement: https://www.aclusocal.org/sites/default/files/20250522102107665-c1.pdf