Aug 7, 2008 10:43 pm US/Mountain
Protesters: Free Speech Rights Violated
By P. Solomon Banda, AP Writer
DENVER (AP) ―
The American Civil Liberties Union said Thursday it will not appeal a federal judge's ruling that upheld the city's decision to limit protests during the Democratic National Convention to a fenced-in demonstration zone, and to end all marches more than a quarter-mile from the site.
Judge Marcia S. Krieger had ruled Wednesday that the restrictions don't infringe on free speech because they're content-neutral and don't affect protesters' ability to express opinions.
ACLU-Colorado legal director Mark Silverstein said they're not appealing her decision because since the Sept. 11 attacks, the law has shifted in favor of security over First Amendment rights.
He said that the balance has shifted so far that "it diminishes our freedoms."
"That's sad, but that's the state of the law," Silverstein said.
Glenn Spagnuolo, co-founder of protest group Recreate 68, one of the plaintiffs in the lawsuit, said his group is not seeking to appeal partly because they lack faith in the federal court system.
"Basically the way we'll be appealing it is, we'll be appealing it in the streets," he said.
Spagnuolo said he expects himself and others to be arrested during the convention as they try to march onto the entrance of the Pepsi Center. He promised non-violence.
"Do not blame us for the confrontational system that is being created," said Spagnuolo, wearing a T-shirt with an image of an AK-47 with the words, "Defend Denver" during a news conference on the steps of the Denver City and County Building. "We have made every effort to make these protests as legal and non-violent as possible but the city has taken this approach to make this situation confrontational."
Silverstein said the lawsuit did yield several victories, including getting the city to issue parade permits in a timely manner, installation of a public address system in the demonstration zone so delegates can hear protesters, and allowing protesters to place literature on tables along a sidewalk for delegates.
Silverstein also said the lawsuit forced the city to release more information about its plans and may have influenced some security decisions, including the Secret Service's announcement that people entering the demonstration zone wouldn't automatically be searched.
Spagnuolo and other groups complain that the demonstration zone and march routes keep them out of earshot of delegates. Spagnuolo called the security measures the most restrictive of any convention.
Katherine Archuleta, senior policy adviser to Denver Mayor John Hickenlooper, said Krieger's ruling and the lack of appeal indicates the city's restrictions are constitutional.
More than 900 extra police are heading to Denver to help the police department maintain security. Denver police spokesman Sonny Jackson said the group's rhetoric isn't affecting their preparations.
"We just hope they respect the judge's ruling and conduct themselves in a manner that isn't disruptive," Jackson said.
The 47,000-square-foot demonstration zone, which protesters call the "freedom cage," will have a chain-link fence atop concrete barriers on three sides. The fourth side will be open to pedestrians on a street south of the Pepsi Center, where the Aug. 25-28 convention will be held.
Delegates will pass within 200 feet of the zone when they walk to arena, with be no obstructions between them and the demonstrators other than the barriers and fence around the zone. In her ruling Wednesday, Krieger acknowledged that most will be arriving by bus.
Protesters wanted to be closer.
At the 2004 Democratic convention in Boston, demonstrators were kept behind concrete barriers and outside the secured boundaries of the convention site.
Krieger said the security plan was designed to protect delegates and the public from attacks with explosives or weapons, prevent illegal or violent protests, make sure emergency responders have access to the convention site and surrounding streets and preserve orderly traffic.
Krieger's ruling didn't address security at Invesco Field at Mile High, the Denver Broncos' football stadium where Barack Obama will give his acceptance speech Aug. 28.
The city has designated a 53,000-square-foot parking lot next to the stadium as a demonstration zone.
Silverstein said the ACLU will not challenge the Invesco Field restrictions because the setup is better than at the Pepsi Center.
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