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TRIAL UPDATE: June 7, 2004

Closing Arguments Begin Thursday In The NYCLU Legal Challenge To NYPD Protest Policies

June 7, 2004 -- Closing arguments are expected to begin Thursday, June 17th in the New York Civil Liberties Union Suit challenging police practices against protesters. The trial phase concluded June 7th in Manhattan before U.S. District Court Judge Robert W. Sweet. Two witnesses were called, including Lieutenant Dennis Gannon and Deputy Inspector Michael J. McEnroy.

Under questioning by Christopher Dunn, Associate Legal Director for the NYCLU, concerning the (un)safe usage of metal barricade pens at demonstrations, Lieutenant Gannon would not concede that full pens with only one exit constituted a dangerous situation. He also noted that some of the police personnel who staff demonstrations are inexperienced and agreed that disseminating information in advance about access to demonstrations is a positive idea.

Lieutenant Gannon, a chief aide to NYPD Chief Joseph Esposito, said that the NYPD had not conducted any studies to determine the effects of the department’s policies on protests.

The NYCLU seeks an injunction that would stop the city's heavy-handed police practices at demonstrations. The NYCLU is especially concerned about the impact on the right to protest when the Republican National Convention convenes in New York City at the end of August.

Closing arguments are tentatively scheduled for 9.30am on Thursday, June 17, Courtroom 18C, 500 Pearl Street, with a decision expected from Judge Sweet soon after.

Copies of the complaints and other legal filings can be accessed via the right-hand column of this website.

TRIAL UPDATES

These updates were written over the course of the trial this June. They consist of day-to-day briefings regarding the proceedings.

June 2, 2004
June 3, 2004
June 4, 2004
June 7, 2004

JUDGE'S DECISION

The Manhattan Federal Court of Judge Robert Sweet has released an order blocking the NYPD from using certain tactics at large demonstrations. See the press release and the judge's decision (PDF form) for more information.

MORE DOCUMENTS

Memoranda:

NYCLU's Memorandum in Support of Plaintiffs’ Motion for a Preliminary Injunction
Post-Trial Memorandum in Support of Plaintiffs’ Motion for a Preliminary Injunction (PDF)
Plaintiffs’ Proposed Findings of Fact (PDF)

Complaints:

JEREMY CONRAD v. The CITY OF NEW YORK
JEREMIAH GUTMAN and the NEW YORK CIVIL LIBERTIES UNION v. The CITY OF NEW YORK
ANN STAUBER and the NEW YORK CIVIL LIBERTIES UNION v. The CITY OF NEW YORK