Thank you for your reply. Based solely on the information you have supplied above I am not too sure you have a viable claim against the officers or the department.
The place to question ordinances is in court, not generally with officers on the street. However, again in the performance of their jobs, the officers have qualified immunity in their making arrests or issuing citations.
In order for you to overcome the qualified immunity you would have to prove unlawful discrimination based on race in their enforcement of the ordinance against you (or based on sex/religion/national origin) and then you could raise this to the level of a civil rights
violation, which you could bring in court and you would have to show they intentionally enforced this ordinance against you based on race/national origin/religion and they are not enforcing it on those of other races/national origins/religions.
The Texas courts hold that a government official or officer is protected by qualified immunity when he acts within his discretionary authority in performing his duties. See: Leo v. Trevino, 285 S.W.3d 470 (Tex. App., 2006). In order to overcome the defense of qualified immunity, you must satisfy a two prong test used by the Texas Courts. First, you must claim that the defendants committed a constitutional violation under current law. Second, you must claim that the defendants' actions were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of. See: Coleman v. Houston Independent School Dist., 113 F.3d 528 (5th Cir. 1997).
Thus, unless you can clearly prove that the enforcement was racially, national origin or religiously motivated, their discretionary enforcement of this ordinance is going to be protected by the Texas statutory qualified immunity granted in these cases.
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