Peace activists, twice denied Chicago city permits to march along Michigan Avenue on the second anniversary of the Iraq invasion, filed suit today in U.S. District Court seeking to overturn the city's decision.

The Chicago Coalition Against War and Racism also is asking a judge to declare unconstitutional the city's permit appeal process, which requires a ruling by a hearing officer of the Mayor's License Commission before the matter can be appealed in court.

"That's the formal name, the mayor's commission," said Charles Nissim-Sabat, one of two attorneys who filed the suit. "It doesn't even have a semblance of independence."

"They have an in-house judicial procedure that is not impartial, and that has to be overturned," Nissim-Sabat said.

In its suit, the coalition accused city officials of denying a permit for the March 19 anti-war rally because they disapproved of "the content of the coalition's speech."

It noted the city each year approves a permit for the Greater North Michigan Avenue Association's Festival of Lights Parade, a kickoff celebration to the holiday season that takes place on North Michigan Avenue.

"The city can't be picking and choosing which free-speech messages get heard on Michigan Avenue and which ones don't," said Andy Thayer, a plaintiff in the case.

The suit also alleged the city did not provide an alternate route of "comparable public visibility," as city ordinances require, when it denied the permit. The city has said it would allow the march along Clark Street, but activists say Clark would offer far lower visibility.

The marchers initially sought a permit to march south on Michigan from Oak to Randolph Streets, then south along State Street to Adams Street, and from there to Federal Plaza at Dearborn Street and Adams; and when that was denied, to march south on Michigan from Walton Street to Adams, then west to Federal Plaza.

The city denied both permits and suggested a route along Clark Street south from Bughouse Square at Walton Street to Adams, then east to Federal Plaza.

City officials cited the potential disruption to traffic, CTA buses, pedestrians and businesses of the Michigan Avenue routings. They also noted the large police presence the march would require.

Brian Steele, a spokesman for the Chicago Department of Transportation, which denied the permits, said the decisions were based on city efforts to balance the rights of marchers and those affected by them.

"It's not based on the content of the event," Steele said.

He also noted the Festival of Lights parades takes place in the evening rather than the afternoon, runs solely along Michigan and involves many police-trained traffic-control volunteers.

The coalition wants to march on Michigan to commemorate the day two years ago when hundreds of marchers protesting the invasion of Iraq were arrested near Michigan and Chicago Avenues.

Peace activists have filed a suit in that case, alleging police arrested people without justification, sometimes using excessive force. A federal judge is considering whether to grant that case class-action status.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The next general organizing meeting for the March 19th protest is 2-5 pm, Saturday, March 5th at The DePaul Center, 1 E. Jackson Blvd, 11th floor cafeteria, Chicago.

Downloadable flyers are available at: chicago.indymedia.org/usermedia/application/10/M-19_draft_bw_flyer-tiff.pdf