[Hpn] [Fwd: Fw: [dnc2k] BIG VICTORY FOR D2K, MUMIA AND OTHERS IN FEDERALCOURT] MUMIA AND OTHERS IN FEDERALCOURT]

Coalition on Homelessness, SF coh@sfo.com
Sun, 23 Jul 2000 23:27:59 -0700


>Date: Thu, 20 Jul 2000 00:30:25 -0700
>From: ron <ronhof@sff.net>
>X-Accept-Language: en
>To: Coalition on Homelessness <coh@sfo.com>
>Subject: [Fwd: Fw: [dnc2k] BIG VICTORY FOR D2K, MUMIA AND OTHERS IN 
>FEDERALCOURT]
>
>
>Dear Chance,
>In case you hadn't heard [the news posted below], the
>1st Amend. seems not entirely dead.
>I'll see about bus parking and get back to you.
>- r
>
>  > (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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Coalition on Homelessness, San Francisco
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San Francisco, CA 94102
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