I think that they are just picking their battles. There could already be some cases in the works in this city that we aren't aware of.
But what do you think about the ordinance? Do you think it would hold up to appeal, or would it be stricken down as soon as the case left the municipality?
Seems to be a violation of the Texas Constitution to me...
Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.
Sec. 28. SUSPENSION OF LAWS. No power of suspending laws in this State shall be exercised except by the Legislature.
Sec. 29. PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.27