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New York City Cites Terrorist Threats To Ban
Protest Marches
Chris Dunn, a staff attorney with the New York Civil Liberties
Union, said the city was using "a theoretical possibility something
terrible is going to happen to cancel the right of people to participate
in peaceful protest."
By LARRY NEUMEISTER
AP
NEW YORK -- A civil rights lawyer accused the city on Friday of citing
terrorist threats to ban protest marches as he urged a federal judge
to permit a parade of anti-war demonstrators at the United Nations
next week.
Chris Dunn, a staff attorney with the New York Civil Liberties Union,
said the city was using "a theoretical possibility something
terrible is going to happen to cancel the right of people to
participate in peaceful protest."
He accused the city of quietly adopting the policy in the fall and
having since refused to issue parade permits for Manhattan below 59th
Street.
City lawyer Rachel Goldman said the city rejected a permit for the
Feb. 15 rally because police could not assure public safety for up to
100,000 people without better information from parade organizers.
"The First Amendment right is not absolute. The plaintiffs do not
have a right to march or protest any way they want, wherever they want
and how they want," Goldman said.
She said the city had agreed to let a group of local and national
organizations opposed to a war against Iraq stage a rally near the
United Nations but not to march past it.
"We don't have a general ban against protest marches in the city
of New York," Goldman said.
U.S. District Court Judge Barbara Jones listened to testimony and
arguments for more than four hours Friday but reserved decision. She
indicated she planned to work through the weekend to decide the
dispute.
Assistant Chief Michael D. Esposito testified that the police
department since the Sept. 11 terrorist attacks faces extra security
issues that require more planning for rallies and marches, especially
one forecast to be so large.
The United Nations was an especially sensitive security landmark after
it was included in 1993 as a target of terrorists who plotted to blow
up five New York City landmarks at once, he said. The plot was
thwarted and a dozen men were eventually convicted and sentenced to
lengthy prison terms.
"The concern we have is the security concerns since 9-11, which
was heightened today," Esposito said, referring to the government
decision Friday to raise its terror threat level to high. "I have
received orders to do certain things concerning security as of 12
(noon) today."
Dunn urged the judge to protect the First Amendment during a time of
terrorist threats.
"It's cases like this where the First Amendment gets put to the
real test," he said. "More and more the government response
to people wanting to engage in protest is, `You can't do it because of
9-11."'
He said the march was a "classic political event" that was
being organized professionally by Leslie Cagan.
Cagan testified that she has organized rallies and marches of up to 1
million people since 1967 and has planned this one to be peaceful and
orderly.
She admitted the plans were on the fast track but said it was
"because events in the world are moving so quickly."
Cagan said she was "shocked when the city took off the table the
possibility of the march."
Goldman, the city lawyer, said the city did not deny that the
protesters have a right to express their views near the object of
their protest.
But she said the security threats to the city and the nation were real
and could not be ignored.
She said the city would welcome the day when threats were reduced to a
point where people could march through the streets without tight
security.
Copyright © 2003, The Associated
Press
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