The 9th U.S. Circuit Court of Appeals has ruled that a lawsuit seeking access to a Border Patrol checkpoint near Arivaca should not have been thrown out, and the plaintiffs will now get another shot to prove they’re entitled to be close enough to the checkpoint to see what happens.
Some locals have said the Border Patrol checkpoint on Arivaca Road exposes Latinos to harassment and does not make people safer.
In 2013, people started monitoring the checkpoint. Agents responded by putting up ropes to keep them back 150 feet on both sides. This led to a lawsuit arguing the Border Patrol was violating the First Amendment rights of would-be observers and protesters.
On Tuesday, the 9th U.S. Circuit Court of Appeals has ruled that the plaintiffs raised legitimate questions about how the area near the checkpoint is used, and who gets access to it. The court said those questions must be answered in order to decide if the case should go to trial.