GOP Convention Protest Zone Too Far Away, U.S. Judge Rules

A federal judge Friday ruled that the designated protest zone for demonstrators during the upcoming Republican National Convention is unconstitutional because it is too remote from the convention center.

U.S. District Judge Rudi Brewster ruled that the three-acre lot about 625 feet from the center’s entrance does not meet legal requirements that protesters must be able to be seen and heard by delegates.

The American Civil Liberties Union, on behalf of several groups, had argued that the site was not acceptable because it is across a set of trolley tracks and partially obscured by trees and a vacant building. The ACLU prefers a site directly across from the waterfront center where the Republicans will hold their convention Aug. 12-16.

The closer site had been rejected by the Republican convention organizers, who said they preferred to use it for a drop-off area for disabled people attending the convention.

But Brewster, after reviewing numerous depositions and 100 pages of legal briefs, indicated that he did not believe the Republicans’ explanation. He said convention organizers appeared primarily interested in putting the protesters as far from the convention center as possible and thus making sure the focus of media attention remained on the official activities.

He also criticized San Diego city officials for allowing the Republicans to have veto power over the protest site. The closer site had been approved by the Police Department and the Secret Service.

“We’re very gratified,” said ACLU attorney Jordan Budd. “This is as important an issue as any attorney will ever defend: the right of citizens to exercise their right to free speech without censorship based on what they plan to say.”

Brewster ordered the city to find a closer site. Sixty-five groups have signed up to use the protest zone to vent their concerns.

Convention manager William Greener issued a statement expressing disappointment at Brewster’s decision and adding, “We have not yet decided what constitutes the most appropriate course of action.”

The ACLU was representing the National Organization for Women, the Chicano Federation and a coalition of groups concerned with the rights of gays, lesbians and transsexuals.