Federal court upholds WTO no-protest zone
By The Associated Press
10.31.01
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SEATTLE — A no-protest zone and curfews imposed after violent disorders erupted during World Trade Organization protests in late 1999 have been upheld by federal judge.
The decision issued yesterday by U.S. District Judge Barbara J. Rothstein upset protesters and civil libertarians who hoped for a ruling that would prevent future clampdowns.
Rothstein ruled that Mayor Paul Schell was legally entitled to close 25 blocks in the downtown area to protesters during the WTO meetings Nov. 30-Dec. 4, 1999.
“Free speech must sometimes bend to public safety,” Rothstein wrote. “There is no evidence that the ‘manifest purpose’ of the city was to quell expression.”
More than 600 people filed a class-action lawsuit against the city, Schell and former Police Chief Norm Stamper for unspecified damages over the curfew zone.
Other WTO protesters filed a separate lawsuit with the help of the American Civil Liberties Union, and a few protesters filed individual cases.
“That’s really going to knock the knees out from under them,” said Ted Buck, a lawyer for the city.
The protesters argued that Schell violated their rights to free speech and assembly, as well as their 14th Amendment right to equal protection when he barred protesters from the area while permitting business owners, workers, shoppers and residents.
Rothstein ruled that the order was “content neutral,” meaning it didn’t favor one type of demonstration over another, and was necessary for public safety.
“Safety is recognized as a significant government interest, as are the First Amendment rights of the WTO delegates,” Rothstein wrote.
“The evidence shows that the (city) had reason to implement the zone. The police had faced violent clashes with protesters for nearly 24 hours, and there is no evidence that the violence was expected to subside.
“Moreover, the president had just arrived in Seattle and intended to appear at the WTO conference. ... Chaos and vandalism continued unabated,” she wrote.
WTO rioting, which caught police unprepared and understaffed, was a key factor in Schell’s defeat in the nonpartisan primary election in September.
“I feel really good that the court said, yes, we made the right decisions under challenging circumstances,” the mayor said yesterday. “We were faced with some pretty unprecedented events.”
ACLU leaders had hoped to establish a precedent against tight controls on political protests.
“Our goal was to get a court decision that the no-protest zone violated free speech, so the next time the city had a large-scale protest, the city wouldn’t try to do the same thing,” said Doug Honig, public education director for the state ACLU chapter.
“These people (who sued) were people who were in no way, shape or form a threat to public safety,” Honig said. “We think people have a constitutional right, even in dangerous times, to say what they want to say politically. And the government can’t tell them there are regulations where you can’t go shopping or pass out political leaflets.”
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