Protesters get go-ahead to return to Capitol steps

By The Associated Press

06.03.02

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WASHINGTON — A federal court has struck down a 30-year ban on demonstrations on the sidewalk by the east steps of the Capitol.

A three-judge panel of the U.S. Court of Appeals ruled May 31 that maintaining a forum for public expression outweighed security concerns.

"We declare the entire demonstration ban unconstitutional," wrote Judge David Tatel in an opinion also signed by Judge Harry Edwards and Senior Judge Laurence Silberman.

The decision was a victory for Robert Lederman, an artist, who stood in the no-demonstration zone in 1997 and held a sign that said, "Stop Arresting Artists." Capitol Police officers, ignoring the sign, arrested him. Lederman then challenged the constitutionality of the ban.

The appeals court panel rejected the argument that demonstrators pose a greater security risk than pedestrians, who come and go anonymously, travel in groups, carry bags and boxes and linger as long as they please.

Security has been tightened considerably around federal buildings in the capital since the Sept. 11 attacks.

Despite the ruling, it is unlikely that protesters will be able to penetrate the construction zone on the Capitol's east side for the next two years. A $368 million, three-story visitor center is being built underground and metal posts and street barriers are being installed on the perimeter of the grounds.

Government lawyers will decide whether to appeal, said John Caulfield, counsel for the Capitol Police Board, which is made up of the House and Senate sergeants-at-arms and the Capitol's architect.

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