Despite the American Civil Liberties Union’s assistance, the memorandum opinion 4-28-11 came out today against the plaintiff.
From the Times Dispatch article:
A federal judge on Thurday morning turned down an ACLU bid that would allow an activist group to hold a May Day parade in Richmond without paying for off-duty police escorts.
“Obviously we’re very disappointed with the ruling, and our clients will have to make a decision on how to proceed,” said Rebecca Glenberg, legal director of the ACLU of Virginia.
In a ruling, U.S. District Judge Henry E. Hudson wrote, among other things, that the group failed to show the Richmond police decision to deny the parade permit “was based on anything other than reasonable public policy considerations.”
The ACLU asked Hudson to allow the Richmond May Day Coalition/Organizing Committee to hold a May Day parade Sunday without paying $294 for off-duty police officers to serve as escorts.
The “May Day International Workers Day” was expected to draw 200 or more participants and involve marching bands, banners, flags, a bull horn and a small public address system, said city officials.
The parade would start at Monroe Park, proceed west on Main Street, north on Lombardy Street, east on Broad Street, south on Laurel Street and end back at Monroe Park.
Looks like there won’t be an anarchist parade after all!
things aren’t settled yet. Most likely, we will march on the sidewalk. All festivities for the weekend are still on. Including the workshops and party in Monroe Park.
This is the same group of people who decided to occupy Monroe Park last month with a tent city, which really amounted to a slum. One account that I read said this group dug a whole in the ground and used it as a toilet for their 9 day occupation for all their “residents”. Then when city shut down their occupation (at taxpayer expense), they had to get a hazmat crew to clean up their in-ground sess pool. I seriously doubt this group paid the city back for their mess they created in March. They didn’t respect the park or follow the laws. Why would they do the same for their celebration of communism, socialism, and general laziness this time?
Denny,
Not that I’m taking these kooks side of anything but I actually read the toilet was a bucket of sorts…I don’t think the really dug a hole in the ground. Of course, I wasn’t there so I actually don’t know for sure but I do know the city did bring a hazmat crew in to dispose of the toilet. I’m quite sure the group didn’t pay the city back for what it costs. For heaven’s sake, they couldn’t come up with a little under $300 for the cops to work their “parade”.
Press Release
Richmond May Day Coalition Statement on May Day March Restrictions
Coalition Announces Modified Plans for March During May Day Festivities; Responds to Richmond Police Department
Richmond, VA, April 29, 2011: May Day is one day out of the year where individuals, faith-based groups, unions, students, teachers, and progressive organizations demonstrate publicly to celebrate the more quiet work they do every day. As members of this community, the Richmond May Day Coalition wants to peacefully and safely express our concern for the attack on millions of working class families and workers rights in Virginia and across the country on May 1, 2011, known for over a century as May Day. We cannot fully participate in the democratic process without the First Amendment rights to free speech and assembly explicitly guaranteed us by the U.S. Constitution. To that end, the May Day Organizing Committee has made every effort to adhere to the Richmond Police Department (RPD)’s permitting process while planning our street march. The goal has always been to work with the police to ensure the safety and satisfaction of all parties.
Unfortunately, RPD has chosen to respond to our good faith efforts by erecting arbitrary and unlawful barriers to our demonstration. The most egregious barrier is the fee they insist on charging the coalition for doing the job we already pay them to do. As working people, we have already borne the expense of public safety through our tax dollars. We find it redundant and unnecessary to pay extra for public safety at a peaceful demonstration. Apparently, RPD believes taxes pay only for the security of people who keep their mouths shut and continue shopping.
Furthermore, since no ordinance on the books requires any extra payment for a permit, RPD’s actions amount to unlawful extortion. We challenged RPD’s attempt to rent our First Amendment rights back to us by seeking an injunction against the fee. After Judge HudsonÕs order of April 28, 2011 denied us relief, we attempted negotiations in good faith with RPD as advised by the court. We pursued these negotiations in the interest of public safety and the preservation of free speech for all citizens. Unfortunately a compromise could not be reached.
Accordingly, the Richmond May Day Coalition intends to hold its May 1, 2011 march on the sidewalks instead of in the streets. It is our wish to have a peaceful demonstration in the safest way possible, and we have been working hard over the past days to adapt to the unfortunate restrictions RPD has placed on our rights. To ensure a smooth, orderly, and safe demonstration, we are doing our utmost to make all parties aware of our plans through this press release.
While we believe the sidewalks are not the safest, least disruptive or most practical place for us to demonstrate, the members of the Organizing Committee intend to abide by all traffic and safety laws. Any necessary adjustments to accommodate our group on the sidewalk shall be made, but this is a diverse and large group, so it is impossible to guarantee that all parade participants will follow our lead. All we can do is make every effort to advise participants of the restrictions RPD has placed on their rights.
Additionally, we have cut the route by more than half in order to alleviate the burden on the police and promote the safety of traffic, pedestrians and participants. We are designating parade marshals to safely guide protesters as well as organizing medics and water. All possible precautions to make this event as safe as possible are being coordinated amongst the participants.
It will be interesting to see the police response to our march. A forceful showing by the RPD would not only negate their arguments to Judge Hudson about public expense – it would also answer our sincere attempts at cooperation with purposeful hostility and calculated provocation. As with the VCU “riots,” we are concerned RPD views our march as an excuse to escalate hostilities in contradiction to their responsibilities as peace officers. In order to avoid such a scenario, we remain open to working with RPD to ensure the safety and political freedom of all, so long as they do not insist on rationing or holding hostage our constitutional rights.
1st, the police violated the law that says a response must be given about a parade application within a week. They responded after about a month. This came with a $300 price tag as well, and not enough time to raise the money or file for an appeal. Both of those points are a non-issue anyway, because you should not be charged such amounts of money to express free speech. There is no real precedent for it in the past either.
2nd, what information do you have that this is ANY of the same people that occupied Monroe Park? You are making assumptions that are completely wrong. The May Day group has existed longer than most of those people have even been in Richmond. Yes, some of the Monroe Park people will be in attendance, but so will teachers, artists, and social justice groups. Stop being a troll. If you don’t agree with what May Day is about, thats fine, lets discuss it. But you’re not doing that.
What a great group you May Day folks are. Denied the premit, you marched in the streets nonetheless.
http://www2.timesdispatch.com/news/2011/may/01/3/may-day-marchers-shut-down-broad-street-ar-1009597/
Good job losers!
“The spirit of resistance to government is so valuable on certain occasions,
that I wish it to be always kept alive.”
Thomas Jefferson ( I think)
Fine Foods said that they would have paid the $300 if someone in the group carried a Fine Foods banner…too bad!!