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AP Story on Court Hearing for NYC Permit for Feb. 15th rally

A decision does not appear likely until early next week.
Civil rights lawyer: City cites terrorist threats to ban protest marches

By LARRY NEUMEISTER
Associated Press Writer

February 7, 2003, 8:24 PM EST

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.
 
 

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