City Council Holds Hearing On Protecting First Amendment Rights At Republican National ConventionJune 16, 2004--The City Council convened an oversight hearing today on the regulation of First Amendment activities at the Republican National Convention (“RNC”). The New York Civil Liberties Union joined organizations and individuals to testify in support of City Council efforts to protect the rights of demonstrators at the RNC. A resolution before the City Council calls on government officials to protect New Yorkers’ First Amendment rights to freedom of speech, expression and assembly. “The Republican National Convention will test New York City’s commitment to First Amendment principles,” said Donna Lieberman, Executive Director of the NYCLU. “All individuals and groups that want to demonstrate peacefully before and during the Republican National Convention should be able to do so. Freedom of speech and expression is essential to the working of a democracy. This very important hearing is an effort to ensure that City officials respect and uphold the exercise of First Amendment rights.” The Governmental Operations Committee—chaired by Deputy Majority Leader Bill Perkins—convened today’s hearing. The hearing called for City officials to take several steps to ensure that First Amendment rights are upheld, including taking prompt action on permit applications; minimizing the use of barricades to confine the movement of people at public demonstrations; and allowing demonstrators within sight and sound of and in close proximity to the object of their demonstrations at the RNC. The hearing included testimony in support of Resolution 389-A, currently before the City Council. Council Speaker Gifford Miller and Deputy Majority Leader Bill Perkins introduced the resolution on June 7. “The City Council is committed to ensuring that demonstrators in New York City are allowed to exercise their constitutional rights to freedom of speech, association and expression,” said Speaker Miller. Mayor Bloomberg, Police Commissioner Ray Kelly and Parks Commissioner Adrian Benepe declined to testify at the hearing. They cited pending litigation brought by the NYCLU challenging NYPD tactics at large demonstrations, such as the one held on February 15, 2003. “The police did not respect the rights of protesters during the February 15, 2003 anti-war demonstration,” said Deputy Majority Leader Bill Perkins. These hearings will ensure that the rights of protesters are protected during the Republican National Convention.” At today’s hearing advocates and Council Members called for the immediate public announcement of a schedule by which decisions will be made regarding permit applications; improved communication about how to obtain permits for and access to demonstrations; a commitment that the City will not use four-side enclosures, known as “pens,” to confine people at demonstrations except in limited circumstances based on legitimate and reasonable security concerns. In addition, Resolution 389-A calls for the NYPD to: Refrain from the use of force in policing public demonstrations except to the minimal extent required as necessitated by legitimate law enforcement purposes; Provide training to police officers regarding the First Amendment rights of protesters; Refrain from engaging in the investigation or surveillance of religious or political organizations based solely upon the First Amendment activity of persons associated with such organizations.
Other lawmakers have also expressed concern over protecting New Yorkers’ First Amendment rights at the RNC. Congressman Major Owens sent a letter to Mayor Bloomberg on June 9th on behalf of six members of the New York City Congressional delegation who have signed on to a Memorandum of Understanding regarding the regulation of expressive activity at the RNC. The Memorandum was sent to the Mayor for his review and signature. Mayor Bloomberg is yet to respond to it. Signatories to the Memorandum include Congress Members Major Owens, Jose Serrano, Edolphus Towns, Eliot Engel, Jerrold Nadler, and Carolyn Maloney. The New York City Bill of Rights Campaign, a nonpartisan, grassroots project of the NYCLU is spearheading the effort to pass Resolution 389-A, along with a coalition of 95 organizations. Click here to read the NYCLU's statement. | 
