(BRIEF PRELIMINARY REPORT ON FEDERAL COURT DEVELOPMENTS TODAY 7/19/2000 by Don White, d2kla Network)
In a stunning victory for the D2KLA Network, the Mumia Coalition and others, Federal Judge Gary Feess today declared the infamous "no access-no protest zone," to be unconstitutional in its present form and and ordered new guidelines for demonstrations at the Democratic National Convention.
In a series of rulings described by d2kla leaders as "a total vindication of the concepts in our federal lawsuit," Judge Feess said he felt the zone was more for the convenience of Convention planners and "when
convenience comes up against the First Amendment, the First Amendment wins."
The judge will issue an order tomorrow, Thursday, directing authorities to reconfigure their security zone, hinting that the 11th and Figueroa protest site, requested by our permits, be granted. He criticized the "police protest area" as too far from the delegates and that such a protest
area marginalizes and isolates free expression as intended by the Constitution.
Activists and the legal team, headed by Dan Tokaji, of the ACLU, exchanged emotional congratulations outside the courtroom and told reporters that the decision by Judge Feess vindicates the principles expressed in the
papers filed on behalf of the protesting groups.
Judge Feess said that any prior restraint on First Amendment free expression is unconstitutional and warned the city and federal authorities on broad security restrictions "based on what MIGHT happen." "You can't shut down the Constitution according to your fears of what might happen," he said.
The judge pointed out to city lawyers that he could carry a picket sign around the White House all day and not get arrested. "That's closer to the
President than plaintiffs want to be," he commented.
Feess said he felt the 11th and Figueroa site could be used by protesters "with minor alterations" in the Convention planning. He did not, however, direct that demonstrators be given that site, although he said new
permits would have to filed and that he felt the 11th and Figueroa location
"was reasonable."
In statements from the bench Judge Feess said, "The Convention is highly political; people wanted it here because it attracts money to the city, but it also attracts political activity and my job is to protect the rights of those who want to use Constitutional guarantees." He went on, "If the city wants a big political event here, it has to accomodate big political activity."
Judge Feess also addressed two other issues: (a) the street demonstration permit process and (b) the recreation and parks permit process
and he was critical of both. He cited the "40 days prior" requirement to request street permits as unreasonable and he said the parks restrictions on free speech were too broad. (Those issues will be dealt with in a post shortly.)
The legal team was extremely pleased with the judge's rulings today. It remains to be seen if the city and the feds and the Convention will appeal to the Ninth District Court. D2K and the Mumia Coalition and others join in congratulating and thanking both the ACLU and the National Lawyers Guild for their hours and hours of work on this case.---sorry for errors which appear here...this was done hurriedly without proof reading-----
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