ACLU amends lawsuit as Denver Democratic Convention ‘free speech zone’ 
plans revealed

Nick Langewis
Raw Story
Wednesday, July 2, 2008

http://rawstory.com/news/2008/Free_speech_zones_to_make_comeback_0701.html

The infamous “free speech zone,” set to make a comeback at Denver’s 
upcoming Democratic National Convention, needs to be within earshot of 
delegates, a coalition of civil liberties advocates backed by the ACLU 
said Monday.

Chain link fencing or chicken wire at the end of the parade route, about 
700 feet away from the Pepsi Center under the current plan, would 
separate demonstrators and protesters from other convention attendees, 
the Rocky Mountain News reported. The coalition have amended their 
pending lawsuit against the United States Secret Service and the City 
and County of Denver, filed in May, saying that the plan could violate 
the visitors’ First Amendment rights, echoing the corralling and 
effective silencing of protesters at the 2004 gala in Boston. A judge in 
that case had ruled the “free speech zones” unconstitutional, but said 
that the suit was filed too late to order that plans be changed.

“No human voice, or any other sound,” ACLU counsel said in Monday’s 
amended complaint, “can ever hope to reach a person at the entrance.”

The case will go to trial on July 29.

Preparations for the upcoming convention, for which Denver has been 
federally granted $50 million, may include military choppers, as seen 
during a mid-June Department of Justice drill, details of which could 
not be revealed by the Denver Police Department. Lt. Nathan Potter, a 
military spokesperson with Special Operations Command, called the 
exercise “routine preparation for the global war on terrorism.”

Denver Sheriff division chief Marie Kielar also told Colorado 
Confidential in May that her department is preparing for 
convention-related arrests to top 1,200. The City and County of Denver 
will not make publicly available detention plans, such as where those 
arrested will be held, before the convention. In addition to the May 
suit, the ACLU has demanded that the City and County make publicly 
available the procedures it plans to follow in processing those arrested 
at its downtown jail.

The Monday complaint called not only for a protest zone closer to the 
Pepsi Center, but also that it large enough to host all demonstrators, 
and for searches to be conducted only when there is probable cause.

“Simply put, we are going to abide by the Constitution,” Denver city 
attorney David Fine said Monday.
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