[Hpn] Fwd: old news...

Coalition on Homelessness, SF coh@sfo.com
Thu, 27 Jul 2000 23:27:50 -0700


>Date: Thu, 27 Jul 2000 21:06:00 -0700
>To: coh@sfo.com
>From: "Coalition on Homelessness, SF" <coh@sfo.com>
>Subject: old news...
>Cc:
>homelessworld@blazingstar.org, nasna@onelist.com, 
>wm@videoactivism.org, Homewardnews@geocities.com, sffnb@iww.org, 
>gnn@grassrootsnews.org, sfzcoutreach@yahoo.com, 
>Homewardnews@geocities.com, NHhomeless@egroups.com, dwellej@aol.com, 
>poormag@sirius.com, editor@sfbayview.com, spirit@afsc.org, 
>housingworkgroup@yahoo.com, malin.speace@situationstockholm.se, 
>steve@unite-to-fight.org, rggoudy@pathlink.com, vandu@vcn.bc.ca, 
>voices@media-alliance.org
>X-Attachments:
>
>At 12:30 AM -0700 7/20/00, ron wrote:
>>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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