P owns a gift shop on Seawall Boulevard, the beachfront in Galveston. He is a Galveston native and has been in business on the island for seven years. Customers and other visitors were concerned that there were no public restroom facilities on the Seawall. P appeared before the Galveston City Council and the Park Board (Ps) and made his complaints known to those governmental bodies. They never responded. D printed and distributed 2000 pamphlets, which gave the phone numbers to the Ps involved and asked everyone to call. Ps began receiving phone calls at home from persons who complained about the lack of restroom facilities. Some of the calls were received during the day, some in the evening, and three or four calls were received in the very late evening or early morning hours. The phone numbers of each person listed on the pamphlet could be found in the Galveston telephone directory, and some were also listed in documents published by the Park Board. Ps petitioned for

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