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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

Thousands rally in Denver against wall and Muslim Ban

DENVER, COLORADO- Thousands streamed into Civic Center Park to spend Saturday afternoon listening to speeches against President Trump's MUSLIM BAN. Lots of families with kids so I kept my sign on the fringe pointed outward. I don't usually favor profanity but this slogan was spotted at New York's JFK airport last Satruday, then replicated across the country the same weekend. I spotted several at the Denver rally AND in Colorado Springs, because I think, NOT TODAY MOTHERFUCKER says it best. Racism, bigotry and wanton abuse of power is obscene.

How I nearly got arrested for holding a sign at Denver International Airport

DIA, COLORADO- Last weekend I joined thousands across the country protesting Trump's executive order restricting entry visas from seven predominantly Muslim countries. Spontaneous demonstrations had erupted at international airports nationwide on Saturday January 27. Denver's airport was no exception but the lively gathering of sign holders was ultimately persuaded by police to leave the premises. Supposedly a permit was required to hold signs. Demonstrators the next day were quickly ushered outside, to rally instead between the terminal and adjacent lightrail station, where only a tiny fraction of travelers would see them. This much we knew as we monitored events online while we reconnoitered DIA from the short-term parking garage. We made our way swiftly to the International Arrivals doors at the north end of the main terminal WITH OUR SIGNS. International Arrivals The point was to reach immigrants, right? We walked to our intended protest spot unhindered and inconspicuous, because of course signs are not an unusual sight at an airport. Travelers who've been a long time away, in particular soldiers returning from deployment, are frequently greeted by family members holding signs. Often limo drivers have to page their corporate clients. We carried our placards with their message facing inward hoping they'd be mistaken for everyday signs. When we raised them above our heads we attracted immediate attention. They read "#NO MUSLIM BAN #NO REGISTRY, END WHITE PATRIARCHY" and "FIRST THEY CAME FOR THE MUSLIMS AND WE SAID: NOT TODAY MOTHERFUCKER." Immediately a man with a "DIA Operations" cap informed us that we weren't allowed to hold signs. We assured him the opposite was true. He called for backup. We weren't alone in front of International Arrivals. In addition to the families awaiting loved ones, there were a couple dozen law firm employees holding signs which read "Pro Bono Immigration Legal Services". We surmised that their presence might have already been negotiated with DIA. Soon a couple of those lawyers approached us to announce loudly that the public protest was outside the building and that we could continue there unmolested. We thanked them for their assistance but urged that they also clarify publicly that we were within our rights to stay inside as well. I was upset that their gravitas, as lawyers, was seen as supportive of the authorities telling us to stop. Police officers arrived in short order, a first one filming us with a digital point-and-shoot, then a second filming with a cell phone, both surely streaming to a command center. After six officers assembled, a sergeant approached us flanked by two DIA employees. She gave us our formal warnings. We were given instructions to "cease and desist" while we countered that we knew our rights. After a second warning we were assured that a third would mean our immediate arrest. We held our signs higher, all the while asserting their order was unlawful. The immigration lawyers huddled as far away from us as they could. Sgt. Virginia Quinones then got on her phone to consult somebody. I

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