In light of a judge's ruling that police violated a protester's free speech rights at a private fund-raiser with Vice President Dick Cheney, the city may roll up its welcome mat.
The reason is money and the reported unwillingness of the Secret Service to "back up" its demands for security measures that, according to a judge's ruling, went far beyond what was required to protect Cheney during his 2002 visit to Evansville.
A day after the judge ordered the city to pay damages, Evansville City Attorney David Jones saidthe Police Department can no longer afford to "provide any security for a president or vice president" who comes to Evansville.
Jones faulted the Secret Service, who devised the security plan for Cheney but failed to help Jones defend the city in a lawsuit brought after environmental activist John Blair was arrested for violating the Secret Service's no-protest zone. Jones said the Secret Service refused to provide evidence, testimony and witnesses he needed to make the city's case. Jones also said the Secret Service "used" city police to provide costly security and then abandoned the city when problems arose. "This is not fair,'' said Jones. "We've been used like a pair of work gloves and when we were no longer handy, we were just discarded."
http://www.courierpress.com/ecp/courierpress_home/-------------------
Here is an ACLU press release headlined "Federal Court Rules Indiana Protester's Rights Violated During Cheney Visit." A quote:
In granting summary judgment on John Blair's claim that his First Amendment rights were violated, U.S. District Court Judge Larry J. McKinney directly addressed the recent trend of using security concerns as justification for limiting advocates to so-called "protest zones" far away from official events.
"The restriction of protesters to an area 500 feet away from the only entrance used by attendees, and on the opposite end of the building from where Vice President Cheney would enter the facility . . . burdened speech substantially more than was necessary to further the Defendants' goals of safety," Judge McKinney wrote.
The case arose from the Vice President's visit to Evansville on February 6, 2002. Blair, a Pulitzer Prize-winning photographer and writer, held a sign stating, "Cheney, 19th Century Energy Man," and stood across the street from the arena where Cheney was to appear. Blair was arrested for disorderly conduct after he failed to immediately comply with Evansville Police Department officers' orders to move to the designated protest zone.He was later charged with resisting law enforcement, but the charges were dismissed six days after Blair's arrest.
"This is an era when the First Amendment is under attack by law enforcement limiting protest activities, so this decision reaffirming the right to free speech is a significant one," said Indiana Civil Liberties Union Legal Director Ken Falk, who represents Blair.
The court also ruled that Evansville police lacked probable cause in arresting Blair, and granted summary judgment on his claim that Evansville police violated his Fourth Amendment right to be free from unreasonable search and seizure.
http://www.indianalawblog.com/
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