On the day the US Senate passed sweeping new repressive legislation, federal court judge Holderman followed the script in Chicago by giving the Federal Government power to ban free expression in Federal Plaza.

At a status hearing on the Oct. 22nd lawsuit challenging the permit ban at Federal Plaza, Judge Holderman announced he was dismissing all the issues in the lawsuit. Holderman stated that all the demands in the lawsuit were now moot in the aftermath of the Oct. 22nd day of protest against police brutality. Plaintiffs’ attorney Wayne Giampietro reminded the judge that the lawsuit included a demand for a declaratory judgment that the permit ban was unconstitutional in its entirety, and that this was very much still an issue! The judge refused to consider this and did not schedule a hearing on the merits of the case as traditionally occurs. The judge’s actions were an alarming signal that courts are lining up behind whatever the federal government does to throw civil liberties overboard, and abandoning any pretense at playing their supposed role to independently review the draconian new measures being rushed into effect.

Far from being a moot issue, Oct. 22nd Coalition argues that the experience at Monday’s rally gave compelling new evidence as to why the permit ban is a smokescreen for attacks on free speech. The peaceful rally did not compromise the monitoring of persons entering the Federal Building by federal marshals. The cement barriers installed after Sept. 11th posed no problems for rally participants or the Chicago Police Department in charge of plaza security. No terrorists used the rally as cover to launch any sort of attack -- a sensationalist scenario raised in court by Judge Holderman at the Oct. 18th Temporary Restraining Order hearing blatantly designed to inflame and manipulate the public’s fears. While it didn’t enhance security, the permit ban did put a chill on free speech. Many potential participants in Monday’s rally, including victims of police brutality, told Oct. 22nd Coalition that they were intimidated from attending because the event had no permit.

Oct. 22nd Coalition and co-plaintiffs entered a voluntary dismissal at the close of the hearing in order to deny any precedent being set by the judge’s decision and to avoid complicating any new lawsuit being considered by organizations opposing the ban. Oct. 22nd Coalition, Chicago Anti-Bashing Network, Refuse & Resist!-Chicago and Chicago Committee to Free Mumia Abu-Jamal are calling on others to join them in figuring out the next steps to challenge this permit ban. A meeting is being arranged for next week. Please call Oct. 22nd Coalition at 773-528-1701 for details.