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Breaking: The ACLU of PA sues the Independence National Park Service

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A couple weeks ago, we told you about the ongoing row between the Independence National Park Service, the ACLU of PA and the Pennsylvania Friends of Animals over the park service's weird and semi-ironic restrictions on free speech and protests, even on public sidewalks that fall in the shadows of the buildings in which the Constitution was crafted. At the time, you'll recall, the civil liberties types were convinced that the park brass would at least hear out their concerns, while the park brass basically said they were done talking, so piss off.

PFA, the ACLU of Pennsylvania and park officials are "in discussions to permanently change some of the rules," says Gittelman. The group's demands aren't steep. They just want any and all non-violent groups to have relatively unrestricted access to these sidewalks, so long as the crowds don't get out of control. But Cowley, the park's flack, says negotiations are over and the park won't be making any rule changes. And, she adds,"I don't know that any group would be permitted" the access that PFA already won, because " who knows who'd be coming down the pike?"

This morning, the ACLU took the hint, and filed a lawsuit in federal court asking a judge for a permanent injunction against the regulations.

"Movants [PFA] have twice sought a permit to protest peacefully on publicly traveled sidewalks in Independence Park," the injunction request says. "The first attempt (made without counsel) was met with a flat denial, and that denial was then confirmed with the threat of criminal prosecution when Movants attempted to protest on Park property at the intersection of Fifth and Chestnut Streets. The second attempt (intensely negotiated through counsel), resulted in a permit that allowed access to some publicly traveled sidewalks, but severely restricted the number of protesters and use of signs on other publicly traveled sidewalks in Independence Park. Movants, through their counsel, have sought assurance from the Park Service that the same restrictions will not be applied to their December 5 protest. The Park Service has refused to give such assurance."

So, lawsuit! The parties are going to court in, oh, about 20 minutes now — 3:45 at the federal courthouse on Sixth and Market, room 15A, if you're interested. We've dispatched our intrepid super-intern, Julia Harte, to the scene. Reports forthcoming.



3 Responses to “Breaking: The ACLU of PA sues the Independence National Park Service”

    While we’re protesting the National Park Service, let’s get them to remove the barricades locking Independence Hall, a symbol of freedom, behind bars.
    President Obama, tear down those bike racks!


    Oddly enough, here’s my brief story:

    Back in June, I decided to hold a candlelight vigil for the people of Iran who were fighting back against their government and lost their lives in front of Independence Hall. After an hour, our small but passionate group of 20 people lit candles and recalled tales of both what we heard and what the Iranian-born folks heard back home.

    It was getting late when a park ranger and asked if I had a permit. I cited Philadelphia Law saying we didn’t need one since it was in reaction to a current event, to which he said that we were on federal property so it didn’t apply.

    But he was wonderful enough to let us stay. The main problem was with the “open flame” from the candles. we had to put them out, which wasn’t a problem since it was around the time we were done. The ranger was very nice, and we all left feeling good about what we did.

    I hope this gets resolved soon and everyone is allowed to protest. :)


    [...] unresolved, of course, is the issue of why activists should have to hire ACLU attorneys and sue Independence Park before they’re granted one of the most basic freedoms guaranteed to U.S. citizens. But one step at [...]


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