A federal judge may wait more than two weeks before issuing a written ruling in the federal lawsuit advocacy groups filed against the U.S. Secret Service and the city and county of Denver over security restrictions during the Democratic National Convention.
U.S. District Judge Marcia S. Krieger listened to nearly three hours of closing arguments on Thursday with government lawyers arguing security concerns supercede the rights of demonstrators to get closer in sight and sound to the delegates entering the Pepsi Center.
Her decision could come within days or it may come after issues surrounding security restrictions at Invesco Field are heard in a separate trial on Aug. 12.
The advocacy groups, including the American Civil Liberties Union and Recreate 68, are arguing that the fenced public-demonstration zone and parade routes set by the agencies for the convention are too restrictive. They say the zone is too far from the delegates coming in and out of the Pepsi Center and, therefore, infringes on their free-speech rights.
Law enforcement has designated a nearly 50,000-square-foot area in the Pepsi Center parking lot that is about 2½ football fields away from where the delegates are expected to enter. Also, the parades will end a significant distance from the Pepsi Center and will not be allowed after 3 p.m., when the delegates are expected to actually show up for sessions.
The city contends that there has been a robust effort made to allow groups of all backgrounds to demonstrate – 15 parades have been authorized, three parades are set at sites alternative to the Pepsi Center and 67 permits have been handed out to groups who wish to use public spaces in the city.
Steve Zansberg, who argued on behalf of the advocacy groups and the ACLU, urged the court to consider alternatives in setting boundaries for the parades and public demonstration zone outside the Pepsi Center.
Zansberg, who also represents The Denver Post on First Amendment and access issues, told the court that any photographs of the protestors that will be taken by the media will be out of context because the Pepsi Center won’t be visible within the frame.
“The place of one’s demonstration has communicative impact as part of the message that is being conveyed,” Zansberg said. “If there is no audience for this parade, it is the equivalent of a tree falling in an empty forest.”
Krieger asked, “so does the public get to choose as a First Amendment right the setting for the pictures that they want to have taken? Do they get to format exactly how those pictures ought to look?”
Zansberg answered, “the court must decide if there is an adequate alternative – and there are numerous streets and sidewalks within the secure perimeter that provide that proximity.”
Jim Lyons, attorney for the city, said there will be a microphone provided to protestors within the fenced zone and that an expert had testified the delegates will be able to hear their voices on the way into the Pepsi Center. Bullhorns are also allowed to be used.
“The Constitution does not seem to say that this is about providing a photo op,” Lyons said. “We have met or exceeded the constitutional requirements and their request for an injunction should be denied.”
Krieger asked the lawyers if they wanted her to make an immediate decision.
Lyons told Krieger that the faster she rules, the easier it will be for the city to make adjustments, if she asks them to.
Assistant U.S. Attorney, Kevin Traskos, speaking for the Secret Service, said the agency was willing to wait until after the Invesco Field trial set for Aug. 12.
Zansberg told the judge that the groups would like a decision sooner than later in case they need to file an appeal.
“These issues should be resolved as expeditiously as is available in your honor’s schedule,” Zansberg said.
