Seattle WTO Free Speech Case Heard By US 9th Circuit Court of Appeals
Mark Taylor-Canfield | 07.02.2004 00:09 | Globalisation | Repression | Social Struggles
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Contact: Mark Taylor-Canfield
US 9th CIRCUIT COURT OF APPEALS TO HEAR CIVIL RIGHTS LAWSUIT FILED BY WTO PROTESTERS AGAINST CITY OF SEATTLE
ACLU CLAIMS “NO PROTEST ZONE” IN 1999 VIOLATED
FIRST AMENDMENT
One of the most important free-speech cases in U.S. history will play itself out in the courtroom of the U.S. 9th Circuit Court of Appeals in Seattle. On February 6th arguments will be heard in an appeal of U.S. District Judge Barbara Rothstein’s ruling that the
City of Seattle was justified in creating a 25-block “no protest zone” during the
World Trade Organization ministerial conference in 1999.
The American Civil Liberties Union filed the lawsuit on behalf of protesters.
The ACLU claims that constitutionally guaranteed rights to freedom of speech and assembly were violated by the city’s policy.
The February 4, 2004 issue of the Seattle Post Intelligencer recounts several serious incidents which occurred during the WTO conference in which demonstrators had their political signs confiscated or were denied access by police because of their identification as a protester. Sue Bastion claims in the suit that police took her protest signs and smashed them on the sidewalk. Many of these incidents were clear violations of the
First Amendment to the Bill of Rights in the US Constitution.
At community forums following the protests, hundreds of people testified to witnessing these kinds of repressive tactics and other forms of misconduct by law enforcement during the WTO conference, including the use of chemical agents, concussion grenades and rubber bullets against non-violent demonstrators.
This case will hinge on the opinion of the court as to whether a city can deny access to all peaceful protesters because of crimes committed by a few individuals. ACLU attorney Aaron Kaplan was quoted by the Seattle Post Intelligencer:
“At stake is whether government can latch on to any available excuse to restrict otherwise lawful speech and demonstrations. Making speech a crime wasn’t a suitable response.”
The lead attorney for the City of Seattle wants vindication. Ted Buck is under a lot of pressure to win the case and block the appeal by the ACLU. A continuing court battle in this long-standing dispute over civil rights could be very expensive for the city during a time of high unemployment and diminishing municipal budgets. A major ruling in favor of the protesters could leave the city liable for millions of dollars in damages.
Civil rights activists in Seattle have fought for over four years to hold the City of Seattle accountable for the violations of people’s constitutional rights during the WTO conference in 1999. Unfortunately, even after a nine-month investigation, the city and local law enforcement agencies refused to acknowledge any widespread police misconduct or violations of the rights of demonstrators and bystanders.
In addition, the Seattle Police Department has continued to use violent and aggressive tactics at demonstrations in Seattle since 1999. The use of chemical agents, projectile weapons, and mass arrests has continued, resulting in more claims and lawsuits against the city and the police department.
When the City of Seattle tried to stop WTO protest anniversary events two years ago, organizers had to obtain a ruling from a US District Court judge in order to force the city to grant them a protest permit. The continuing controversy over the violations of the civil rights of demonstrators in Seattle has been reported to the Center For Constitutional Rights, the ACLU, The National Lawyers Guild, Trial Lawyers For Public Justice, Committee For Government Accountability and other public interest groups.
In a separate class action lawsuit filed on behalf of WTO protesters, a US District Court judge threw out 157 arrests made by police during the 1999 demonstrations. Judge Marsha Pechman ruled that police had violated the US Constitution because they had no reason to believe that a crime had been committed. Last month the City of Seattle settled with the protesters for $250,000.
For a report on the violations of people’s rights during the 1999 WTO ministerial conference in Seattle, enter “Committee For Local Government Accountability”
into any good search engine.
Mark Taylor-Canfield
e-mail:
mtc2002_usa@yahoo.com
Homepage:
http://www.seattle.indymedia.org