Ruling puts L.A. protesters closer to Democratic convention

By Lynda Gorov, Globe Staff, 7/21/2000

OS ANGELES - The protesters, paraders, and puppeteers will now be seen as well as heard by delegates to the upcoming Democratic National Convention.

Weighing the constitutional right to free speech against safety concerns, a federal judge has struck down the city's plan to keep protesters fenced out and far from the convention hall. US District Judge Gary A. Feess called the plan, which included a large ''no-access zone'' around the Staples Center, unjustified and a violation of the demonstrators' First Amendment rights.

The ruling, less than a month before the convention, leaves Los Angeles police and other law enforcement agencies little time to rework security arrangements. But the judge's decision was heralded by the protest groups' leaders, who expect thousands of demonstrators to take to the streets to highlight issues ranging from corporate globalization to the death penalty.

''We're just regular people who feel left out of the process by both [major political] parties,'' said Margaret Prescod, a key organizer of the protests. ''We just want to be out there with our kids and our puppets and singing our songs and making our voices heard. But there's practically a hysteria going on about protesters and destruction of property and even biochemical weapons when, truth be told, the only chemicals we know of are the tear gas and pepper spray the police have.''

Although organizers of the demonstrations and parades have repeatedly stressed their commitment to nonviolence, images of last year's mayhem in Seattle overshadowed security planning for the convention. The city's plan would have kept demonstrators with permits in a parking lot about 260 yards from the convention site and prevented them from gathering on their own in Pershing Square, opposite the Biltmore Hotel, where many of the VIPs will be staying, and near the downtown business district.

Sergeant John Pasquariello, a spokesman for the Los Angeles Police Department, said his agency is now meeting with Secret Service officials to redraw the boundaries and reduce the perimeter. He said the closer proximity of the protesters will present ''a few more challenges'' to police, whom protest leaders allege have a hostile attitude.

''Obviously the boundaries were put there for a reason, because we believed they were best,'' Pasquariello said. ''We've said all along that we are not in the business of denying anyone's First Amendment right to protest. But we would be remiss if we didn't prepare for the possibility that certain individuals or groups will try to disrupt the convention and may use illegal means to do so.''

Protest leaders, however, considered the no-access zone and other rules isolating, and the American Civil Liberties Union sued on their behalf. In turn, they asked to be allowed within 60 to 70 yards of the convention site, a distance that ACLU staff attorney Dan Tokaji called close enough to get the attention of delegates and VIPS, but far enough to address any security concerns. In remarks Wednesday (his written ruling was expected late yesterday), the judge implied that demonstrators might be allowed to gather just across the street from the Staples Center.

''This is the first time anyone in the legal or political establishment has done the right thing on the convention by saying people have the right to participate in democracy,'' said Lisa Fithian, another protest organizer. ''Everything else they've done - from taking away the [downtown] square from us to visiting us at our convergence center to surveilling us - has been against democracy.''

Toni Guinyard, press secretary for LA Convention 2000, insisted that the city's goal was never to shut down democracy, but to ensure the safety of President Clinton, presidential candidate Al Gore, and others attending the mid-August convention.

For his part, Los Angeles Mayor Richard Riordan said the city recognizes citizens' right to voice their opinions but also wants to avoid the trouble that plagued Seattle during World Trade Organization meetings last December. While most of those demonstrations were peaceful - with protesters locking arms, sitting down on city streets, or chanting their causes - police responded to the crowds and a relatively few troublemakers with tear gas, pepper spray, and rubber bullets.

In his remarks from the bench, Feess took his criticisms of city plans even further, calling the 40-day application period for parade and other permits excessive. So far, a handful of parade permits have been issued. Don White, coordinator of logistics and permits for the umbrella protest group known as D2KLA, said he expected as many as 14 parades to be held during the convention.

''The judge said, quite clearly, that the First Amendment takes precedence over convenience or the image of the convention or whether or not delegates have to walk a few more blocks to get there,'' White said. ''We cannot be constrained by what police might conjure up as a possible scenario of what might happen. We're going to be peaceful, and we're going to be right there.''