Rules Targeting Certain Groups Are Constitutionally Prohibited
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DAYTON – The ACLU of Ohio has delivered a letter to the Montgomery County Board of Commissioners, laying out numerous problems with the county’s proposed Courthouse Square speech regulations.
“These regulations specifically target the Occupy Dayton movement,” said ACLU of Ohio Legal Director James Hardiman. “Residents were able to express their political views for years without incident. Now the Occupy movement shows up and suddenly the rules need to be changed? Our laws cannot be altered for the purpose of silencing one specific group.”
Montgomery County’s proposed regulations would require permits for all Courthouse Square activities. However, the regulations fail to explain what, if any, official criteria the County will use for approving or denying these permits.
Additionally, the regulations would make Courthouse Square off-limits to the public from midnight to 6 a.m. The ban does not differentiate between protestors and pedestrians. As a result, though it may be aimed at occupiers, it would create problems for late-night residents simply looking for a place to sit down and hold a conversation.
“At best, these proposed regulations are sloppy and rife with constitutional conflicts,” said Hardiman. “At worst, they are a series of schemes designed to take away a specific group’s right to assemble.”
“Courthouse Square has a long history as a central location in Dayton where residents gather to express their views. Rather than limit free speech, officials should foster civic engagement,” concluded Hardiman. “We urge the Montgomery County Board of Commissioners to respect everyone’s First Amendment rights and impose as few restrictions on their constituents as possible.”
The Montgomery County Commissioners will meet on Tuesday, December 6th at 1:30 p.m. to vote on the proposed regulations.
ACLU Blasts Sign Ban, Issues Second Letter Asking City to Set Clear and Constitutional Rules for Public Demonstrations
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TOLEDO, OH- Following up on complaints from the Occupy Toledo movement about unclear city permit rules, The American Civil Liberties Union of Ohio has delivered a letter to the Toledo law director. The letter calls on the city to clearly define when permits are required for public demonstrations, how to apply for those permits and the criteria the city uses to approve or deny requests.
The letter also criticizes Toledo City Council’s decision to ban all signs from their chambers, and challenges the city to show more respect for the First Amendment.
“Toledo City Council had an opportunity to pass clear, consistent rules while also expanding free speech rights,” said ACLU of Ohio Staff Counsel Carrie Davis of the sign issue. “Instead they chose a path that is both disrespectful and patronizing to the voters they serve.”
“There must also be clear, consistent permit rules," continued Davis. “But this is an issue that cannot simply be banned-away by city council. Decisions about permits for public demonstrations must be made by the rule of law, not at the whim of current city leaders, who seem intent on restraining free speech whenever possible.”
This is the second time in one month that citizen complaints have prompted the ACLU to send a letter to the city of Toledo. The first letter came after two people attempted to enter the council chambers with protest signs and were arrested, despite the fact that the city had no official sign policy. Council’s response to the letter was to pass legislation formally banning all signs from their chambers.
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BOSTON -- The following statement about today's hearing in Suffolk Superior Court, in which Judge Frances McIntyre kept in place a temporary restraining order to protect the Occupy Boston camp at Dewey Square until issuing a written decision on or before Dec. 15, may be attributed to Howard Cooper, an attorney from Todd & Weld, who filed the suit as a cooperating attorney with the National Lawyers Guild-Massachusetts Chapter and the American Civil Liberties Union of Massachusetts.
"The Occupy Boston encampment in Dewey Square is a uniquely expressive response to the problems we face as a society today. At a time when many feel that our government is broken, the protesters have set up a small community to demonstrate how people can associate together in a more democratic, egalitarian and just way. In deciding to go to Court, the protesters have sought protection from interference with their efforts to communicate their message."
The following statement may be attributed to Urszula Masny-Latos, Executive Director of the NLG, Massachusetts Chapter:
"If the main issue that the City of Boston has regarding Occupy Boston is 'safety,' then the City should work with Occupy and create an acceptable and workable plan for addressing all health and safety-related issues, rather than seeking the ultimate closure of the Dewey Square encampment."
The following statement may be attributed to Carol Rose, executive director of the ACLU of Massachusetts:
"We are pleased that Judge McIntyre has clearly recognized the civil liberties issues at stake and is being thoughtful and deliberative about this important and novel situation in Boston. With the temporary restraining order now in place until the judge issues a written decision on or before Dec. 15, we hope that city officials will agree to work with Occupy Boston to address any health or public safety concerns in a way that allows this historic exercise of freedom of speech, the right to petition, and freedom of assembly to continue."
The ACLU of Massachusetts and National Lawyers Guild-Massachusetts Chapter, through attorney Howard Cooper of Todd & Weld, filed a motion for the temporary restraining order granted last month, seeking to head off the possibility that Occupy demonstrators would be forcibly removed, as they have been in other cities.
For more information about the ACLU of Massachusetts' work on behalf of Occupy Boston, go to:
http://aclum.org/occupy
Police Violated the Free Speech Rights of Margaret Schucker, 57, Who Required a Chair to Participate in Protest, By Arresting Her For Refusing to Move Her Chair Away from Protest Area
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RALEIGH – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) announced today that it is providing legal representation to Margaret Schucker, a 57-year-old disabled Raleigh resident whose right to free speech was violated when police arrested her on Oct. 27 for refusing to move her chair, which she required because of back problems, away from the Occupy Raleigh demonstration in which she was participating.
Schucker was sitting in a chair while protesting Oct. 27 on the public sidewalk along Morgan Street outside the North Carolina State Capitol, where protestors were forced to move after being expelled from the Capitol grounds. Police ordered Schucker to move her chair from the sidewalk and relocate back away from the street, to a bench on the Capitol grounds, where protestors were not allowed to demonstrate. Schucker, who was wearing a blue and white handicapped permit on her chest, told the police that she had back problems and needed the chair to participate in the demonstration. She was not blocking traffic on the sidewalk and had made sure to leave at least three feet of space for passersby, in compliance with the Americans with Disabilities Act. When she refused to move her chair, Schucker was arrested for second-degree trespassing.
“I wanted to exercise my free speech rights on the same terms as my fellow demonstrators,” Schucker said. “The only difference was that, because of my chronic lower back pain, I couldn’t stand while demonstrating and had to use a chair. As a disabled person, I have always been very aware that the sidewalk must be kept clear so that everyone may pass. If I had moved to the bench on the Capitol grounds, as the police suggested, I would have been removed from the view of passersby with whom we were trying to engage.”
Schucker is being represented by ACLU-NCLF Cooperating Attorney Scott Holmes, of the Durham law firm of Brock, Payne & Meece, as well as by Katy Parker, Legal Director of ACLU-NCLF.
“It’s disgraceful that Ms. Schucker was arrested simply because she was a disabled person trying to exercise her constitutional right to free speech,” said Katy Parker, Legal Director for the ACLU of North Carolina Legal Foundation. “By ordering her to move away from her fellow demonstrators and their intended targets to an area that demonstrators had previously been banned from using, the police essentially prohibited Margaret from participating in the demonstration, as is her right. She should not have been discriminated against for requiring a chair to participate, especially since she was in no way blocking the sidewalk.”
The ACLU of North Carolina is a nonprofit, nonpartisan organization dedicated to preserving and expanding the guarantees of individual liberty found in the United States Constitution, the North Carolina Constitution, and related federal and state civil rights laws. With more than 7,000 members and supporters throughout the state and an office located in Raleigh, the organization achieves its mission through advocacy, public education, community outreach, and when necessary, litigation. For more information, please visit www.acluofnc.org.
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In a letter sent today to Mayor Michael Bloomberg and NYPD Commissioner Raymond Kelly, the New York Civil Liberties Union objected to the Police Department’s mistreatment of journalists covering Occupy Wall Street protests.
The letter expresses concerns about the “media blackout” the NYPD imposed during last week’s forced eviction of Zuccotti Park, which effectively prevented firsthand reporting of the incident. It urges Mayor Bloomberg to convene a meeting with the NYPD, media outlets and the NYCLU to discuss the Police Department’s mistreatment of the press. The NYCLU’s letter was sent in conjunction with a similar letter from several major media organizations.
“The NYPD must respect freedom of the press – a core democratic principle,” NYCLU Executive Director Donna Lieberman said. “The NYPD’s actions – abusing and arresting reporters, and enforcing a media blackout of the park eviction – raise grave concerns. Given Mayor Bloomberg’s repeated expressions of support for the First Amendment, we have no doubt he will take action to address these issues.”
The NYCLU has documented numerous accounts in which journalists were arrested, threatened with arrest and subjected to physical force by police officers while seeking to cover the eviction. In one incident, a journalist was struck with a police baton, bruising his arm and damaging his camera’s lens. Another reporter reported being struck on the shoulder with a baton immediately after identifying herself as a journalist to a police officer. In another incident, a reporter had his NYPD-issued press credential yanked from his neck for attempting to cover the eviction.
In addition to these and other incidents, the city reportedly closed off airspace over Zuccotti Park to prevent news helicopters from documenting the police raid.
“It’s clear the NYPD aggressively blocked reporters from covering the eviction, which was a news event of national interest,” said Christopher Dunn, the NYCU’s associate legal director. “The Department’s behavior showed a disturbing disregard for the First Amendment. We expect Mayor Bloomberg and Commissioner Kelly to take immediate steps to ensure that police officers respect the freedom of the press.”
The letter from media organizations was signed by representatives of the National Press Photographers Association, the Associated Press, Reuters, the Daily News, the New York Post, Dow Jones & Company, WCBS-TV, WNBC-TV, NBC Universal and the New York Press Photographers Association.
The letters are available on the NYCLU’s website: www.nyclu.org/news/nyclu-major-media-organizations-criticize-nypd’s-mi...
Following Heavy-Handed Crackdowns in Other Cities, ACLU and National Lawyers Guild Sought Protection for Rights of Free Speech, Assembly, Petition, and Association in Boston
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BOSTON -- Judge Frances A. McIntyre today granted a temporary restraining order to prevent the City of Boston or Boston Police from taking any action to remove the tents or other belongings of Occupy Boston demonstrators at Dewey Square in the downtown financial district. The order appears to be one of the first times that the rights of Occupy demonstrators have been protected proactively, and applies unless there is a fire, medical emergency, or outbreak of violence. McIntyre set a further hearing on a preliminary injunction for Dec. 1, unless the city appeals or enters an order for removal, and ordered the city and the protesters to enter mediation, over objections from city attorneys.
The American Civil Liberties Union of Massachusetts and National Lawyers Guild-Massachusetts Chapter, through attorney Howard Cooper of Todd & Weld, filed a motion for the order yesterday, seeking to head off the possibility that Occupy demonstrators would be forcibly removed, as they have been in Portland, Ore., Oakland, Calif., New York, and other cities.
"Freedom of speech, association, assembly and the right to petition won a victory in court today," said Carol Rose, ACLU of Massachusetts executive director. "It is vital that Boston show the rest of the nation--even the world--how to respond appropriately when people rise up to petition their government for a change in direction."
The suit, filed in Superior Court, sought a Declaration from the Court recognizing the right to peaceful protest and assembly under the U.S. Constitution and the Massachusetts Declaration of Rights, as well as an injunction to prevent police from staging another night-time raid, such as the one that began Oct. 10, 2011 and continued into the early morning hours of Oct. 11, when the Boston Police conducted a mass arrest of 141 people in the middle of the night.
Although Boston police have said that they had no immediate plans to evict the Occupy Boston protesters, Boston Police Department spokesperson Elaine Driscoll told boston.com on Nov. 15, 2011, that, "It's difficult to say what will happen moving forward, but we will make those decisions on a daily basis."
Copies of legal documents are available here:
http://aclum.org/occupy_legal
More information from the ACLU of Massachusetts about the rights of demonstrators is available here:
http://aclum.org/occupy
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The New York Civil Liberties Union has filed a federal lawsuit defending the public’s right to take photographs in the New York City subway system without fear of being arrested or having to show identification to police.
The lawsuit was filed Monday afternoon in U.S. District Court for the Eastern District of New York on behalf of plaintiffs Steve Barry and Michael Burkhart, railroad enthusiasts and photographers who were unlawfully arrested in August 2010 while taking photos of subway trains at the Broad Channel subway stop in Brooklyn. At the time, they were awaiting the arrival of a vintage subway train on display by the New York Transit Museum. They both were charged with unlawful photography, and Barry was handcuffed and charged with failing to produce ID in violation of a Transit Authority rule.
“People cannot be arrested for taking pictures in public places, including the subway, and they cannot be required to carry identification documents,” said NYCLU Associate Legal Director Christopher Dunn, lead counsel on the case. “The police harassment of photographers must stop.”
The lawsuit argues that the arrests violated the plaintiffs’ constitutional rights. It also maintains that a Transit Authority’s rule requiring people using the city’s transit system to carry ID documents is unconstitutional. The City of New York, the Transit Authority and the NYPD officer who detained the photographers are named as defendants.
Barry, 54, is the editor of Railfan & Railroad Magazine, a monthly publication for railroad enthusiasts. He manages the website www.railroadphotographer.com. Burkhart, 36, works in marketing in the Philadelphia area. They are friends and members of the National Railway Historical Society.
Barry and Burkhart, of New Jersey, traveled to New York City on Aug. 21, 2010 for a scheduled run of one of the Transit Museum’s vintage subway trains. These exhibitions are popular among photographers.
While waiting for the vintage train, the plaintiffs were taking photos of regular subway trains. A police officer approached them and told them that they were not allowed to take photographs in the subway system. Barry asked the officer to identity the city statute that they were violating. Instead, the officer demanded ID from both men. Barry gave his name and address but did not present identification. The officer handcuffed Barry and searched his pockets.
“I never imagined that I’d get arrested for taking pictures of a subway train,” Barry said. “It was a humiliating experience, and I hope this lawsuit will prevent other people from enduring similar mistreatment.”
Both men, who had never previously been arrested, were detained in the subway station’s waiting area for about a half hour. Barry was handcuffed the entire time.
“This was a baffling and upsetting experience,” Burkhart said. “Taking pictures of a subway train is not a crime. It’s disheartening to think that we’re not the first people to be arrested for this and that it could happen again to anyone.”
Barry and Burkhart were issued summonses charging them with taking “unauthorized photos,” though the transit rule the officer cited states that photography is permitted in the transit system. Barry also was issued a summons for violating the Transit Authority rule requiring people to carry ID. The New York City Transit Adjudication Bureau later dismissed all the charges. As a result of their arrests, Barry and Burkhart have stopped coming to New York City to photograph in the subway system.
“The NYPD has a troubling history of harassing photographers and violating their First Amendment rights,” NYCLU Executive Director Donna Lieberman said. “Moreover, the city cannot require people to carry ID while using public transit. The freedom to move about without having to prove you identity to government agents is a core American right.”
Also serving as counsel in the case are Andrew Avorn, Timothy Taylor-Hurley and Eleanor Spottswood, who are NYU Law School students participating in the Civil Rights Clinic.
To read the NYCLU’s full complaint, visit http://www.nyclu.org/files/releases/Sub_Photo_ID_Complaint_11.14.11.pdf.
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In response to this morning’s expulsion of Occupy Wall Street protesters from Zuccotti Park, New York Civil Liberties Union Executive Director Donna Lieberman issued the following statement:
“The eviction of protesters from Zuccotti Park was not about public health. Rousting hundreds of peaceful protesters from their tents in the dead of night amid a media blackout doesn’t promote public safety – it endangers it.
The NYCLU has a team of legal observers monitoring today’s events. We will work to ensure that police are held accountable for any misconduct. By all indication, the Occupy Wall Street protests will continue for some time, and we expect the NYPD to adapt its practices to accommodate protest.”
The NYCLU has protest monitors across Lower Manhattan, from Zuccotti Park to Duarte Square, and is monitoring the situation as it unfolds. Live updates are being posted on the NYCLU’s Twitter feed, twitter.com/nyclu. The organization is urging its 50,000 members to raise their voices and call 311 to complain that the NYPD is unlawfully blocking access to Zuccotti Park. We’re also asking protesters to share their stories and experiences with police via email at protest@nyclu.org.
