You are here
Home > Posts tagged "DIA"

DIA issues protest permit under court order, but limits crowd size to, wait for it, FOUR! Then court stays injunction.

DENVER, COLORADO- Abiding by the injunction in McDonnell v Denver, DIA administrators granted us a free speech permit within 24-hours on Thursday, but they insisted that the terminal location desired could only accommodate FOUR PEOPLE. You heard right. Four. There's irony here too because there were FIVE people named on the permit application! Thus the permit was actually 20% denied, and in reality 92% denied given that we sought a permit for 50 people, a number easily lower than the DIA International Arrivals area can handle.   MEANWHILE, in the 10th Circuit Court, the city of Denver appealed the DIA injunction and asked for a stay. This is not usually granted in First Amendment cases, but on Thursday it was. The 10th Circuit stayed the injunction and wants to hear arguments on March 17. So at DIA for now we're back to the impermissive permit process that precludes accomodating public expression at the Denver airport. And the signing of President Trump's new improved Muslim Ban looms... THAT'S the more significant development in the case for free speech at DIA. But let's get back to our story, to how poorly DIA administrators complied during the small window when our court injunction was in force and DIA was enjoined to be accomodating to the public's right to expression. Getting the permit process started was not easy. There are instructions on the DIA website but no application. A call to DIA was routed to a person who insisted we read instructions online. We said we did. She replied that if we had, we'd know what to do. We reiterated that there was no application there, and that we needed an application. She took our names and vowed to have someone call us back. This was at 11:30am. After an hour we called back, explaining that time was of the essence, as was for them as well in responding to our request. We were given the same instruction, to consult the rules online. We explained that we'd READ the rules, STUDIED THEM in fact, and had them reviewed by a FEDERAL COURT. We exlained there was now a federal injunction to which DIA was bound and we required our permit request to be considered promptly, the first step of which, we presumed to be, the submission of an application! Our call was forwarded to a person who eventually emailed an application blank at approximately 4pm. We filed the application immediately and here's the correspondence that resulted: Mr. Dalton Please find attached a request for permit to protest at DIA at outside of international arrivals. We are requesting this in an expedited fashion  pursuant to judge Martinez's decision of a preliminary injunction re: Civil Action No 17-cv-0332-W JM-MJW. A new executive order is anticipated to be announced regarding the "Muslim ban" in the next day or two and we are requesting that the permit be processed within 24 hours to allow for a timely protest. We do not intend to obstruct airport operations. I will send you a copy

Colo. US District Court judge enjoins DIA to limit restriction of free speech (grants our preliminary injunction!)

DENVER, COLORADO- If your civil liberties have ever been violated by a cop, over your objections, only to have the officer say "See you in court", this victory is for YOU! On January 29 we were threatened with arrest for protesting the "Muslim Ban" at Denver International Airport. We argued that our conduct was protected speech and that they were violating our rights. They dismissed our complaints with, in essense: "That's for a court to decide." And today IT HAS! On Feb 15 we summoned the cops to federal court and this morning, Feb 22, US District Court Judge William Martinez granted our preliminary injunction, severely triming DIA's protest permit process. In a nutshell: no restrictions on signs, size of assemblies or their location within the main terminal (so long as the airport's function is not impeded). Permits are still required but with 24 hours advance notice, not seven days. Below is Judge Martinez' 46-page court order in full: Document 29 Filed 02/22/17 USDC Colorado IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 17-cv-0332-WJM-MJW NAZLI MCDONNELL, and ERIC VERLO, Plaintiffs, v. CITY AND COUNTY OF DENVER,? DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity, and? DENVER POLICE SERGEANT VIRGINIA QUIÑONES, in her individual and official capacity, Defendants. ________________________________________________________ ORDER GRANTING PRELIMINARY INJUNCTION IN PART ________________________________________________________ Plaintiffs Nazli McDonnell (“McDonnell”) and Eric Verlo (“Verlo”) (together, “Plaintiffs”) sue the City and County of Denver (“Denver”), Denver Police Commander Antonio Lopez (“Lopez”) and Denver Police Sergeant Virginia Quiñones (“Quiñones”) (collectively, “Defendants”) for allegedly violating Plaintiffs’ First and Fourteenth Amendment rights when they prevented Plaintiffs from protesting without a permit in the Jeppesen Terminal at Denver International Airport (“Airport” or “Denver Airport”). (ECF No. 1.) Currently before the Court is Plaintiffs’ Motion for Preliminary Injunction, which seeks to enjoin Denver from enforcing some of its policies regarding demonstrations and protests at the Airport. (ECF No. 2.) This motion has been fully briefed (see ECF Nos. 2, 20, 21, 23) and the Court held an evidentiary hearing on February 15, 2017 (“Preliminary Injunction Hearing”). For the reasons explained below, Plaintiffs’ Motion is granted to the following limited extent: • Defendants must issue an expressive activity permit on twenty-four hours’ notice in circumstances where an applicant, in good faith, seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport, the immediate importance of which could not have been foreseen seven days or more in advance of the commencement of the activity for which the permit is sought, or when circumstances beyond the control of the permit applicant prevented timely filing of the application; ? • Defendants must make all reasonable efforts to accommodate the applicant’s preferred demonstration location, whether inside or outside of the Jeppesen Terminal, so long as the location is a place where the unticketed public is normally allowed to be; ? • Defendants may not enforce Denver Airport Regulation 50.09’s prohibition against “picketing” (as that term is

I’m told it’s a good day when you get to say “motherfucker” in federal court

The Colorado Springs Gazette was not amused. Nor was the Denverite about my testimony yesterday in US district court, seeking an injunction against the Denver International Airport's free speech permit. The city attorney tried to discredit me by forcing me to recite for the federal judge the full unabridge text of the sign I held at DIA. It was a riff on anti-Nazi cleric Martin Niemöller's oft-paraphrased parable: "First they came for the Socialists, but I said nothing, etc", this time foreshortened as a visceral response to Trump's Muslim Ban: "-and we said NOT TODAY [strong expletive]!" We argued about whether my message was "welcoming". I assured her that it was very warmly received and could not be interpreted as anything but uniquivocal solidarity. So I read it forcefully, resisting the inclination to lean into the microphone on the last word. Afterward my attorneys assured me it's a good day in their line of work when you get to say MOTHERFUCKER in court! Judge William Martinez restricted hearing testimony to the single day (Wednesday) and promised to rule on the preliminary injunction by Friday, February 17.

Top