Supreme Court Rejects Tianguis Case

(Mexico City, JG 7 July) Yesterday the Supreme Court announced its decision in the case of Acapulco against the Federal Government for removing the Tianguis Turístico, holding that Acapulco’s claim is not justiciable. The court, in a short decision, said “The arguments advanced by the government of Manuel Añorve Baños are essentially of an economic nature, and they do not address themselves to safeguarding constitutional order.” In other words, there was no constitutional argument on the part of the plaintiff. The difficulty arose because the property right asserted (the name “Tianguis Turístico”) had never been formally received or registered as property of the municipal government, and therefore, there had been no “taking” by the Executive branch. The matter was considered to be merely a complaint against a bureaucratic decision, and not a claim that a specific provision of the constitution had been violated by the defendant.

Mayor Añorve, in a statement considered immoderate, even for a scrappy politician, speculated that the Federal Secretary of Tourism, Gloria Guevara Manzo, had “an economic stake” when making the decision, favoring private business interests (in other tourist destinations) with whom she had worked and in which she had participated. He indicated that if the PRI wins the 2012 presidential elections, the Tianguis Turístico will be returned to its rightful owner.

Meanwhile, State Secretary of Tourism, Graciela Baéz, announced that Acapulco will put on its own “Tianguis Turístico,” designed to show what Acapulco has to offer in tourism, with a focus on “quality rather than quantity.” She said that the name “Tianguis Turístico de Acapulco” has been formally registered as a trade mark, which was the first step. The event will have a broad reach, seeking to appeal to international tourism as well as visitors from the larger population centers in Mexico.