ACLU Suit Accuses Police of Harassing Protesters

The Los Angeles Police Department has conducted “unlawful harassment” of activists planning demonstrations during next week’s Democratic National Convention, the American Civil Liberties Union of Southern California charged Thursday in a lawsuit filed in U.S. District Court.

The suit, filed on behalf of three organizations--the D2K Convention Planning Coalition, Rise Up/Direct Action Network and the Community Arts Network--asks a federal judge to issue a temporary restraining order compelling the LAPD to halt the alleged illegal actions.

ACLU attorney Daniel P. Tokaji said the protesters decided to sue after LAPD officials failed to respond satisfactorily to written complaints. Those include allegations that police have maintained constant surveillance of the demonstrators’ headquarters, repeatedly driving by in squad cars and flying helicopters over it.

The suit also contends that LAPD officers have selectively enforced traffic laws--including issuing jaywalking citations to protest organizers--near the demonstrators’ Convergence Center headquarters at 1919 W. 7th St.

The suit also alleges that LAPD officers have photographed people entering the building, demanded to search the headquarters without a warrant, followed numerous people leaving the center--temporarily detaining some of them without reasonable suspicion that they had violated any law--made veiled threats to raid the center this Saturday, and recorded license numbers of cars parked in a nearby facility.

Tokaji contended that the LAPD has “crossed the line separating legitimate security preparations to violation of protesters’ 1st and 4th Amendment rights. The mere potential for a disturbance does not justify the suspension of our constitutional rights.”

Specifically, the suit asks that the LAPD be prohibited from:

* Interfering with the plaintiffs’ proposed speech activities, including having meetings, holding training sessions or making signs, banners and puppets at the Convergence Center.

* Confiscating or destroying any sign, banner or puppet while it is in the center or being used in any lawful 1st Amendment activity.

* Surveilling the center, including photographing, videotaping and viewing with binoculars those inside or on the center’s property.

* Entering the center, absent emergency circumstances or a court order.

Tokaji said the plaintiffs are hopeful of gaining a favorable ruling today from U.S. District Judge Dean Pregerson, as they fear that police may raid the center early Saturday.

Obtaining a temporary restraining order is difficult. The plaintiffs have to demonstrate that they could suffer immediate and irreparable harm without it and they also must show a high likelihood that their suit would succeed on its merits.

The LAPD and its lawyers declined to comment on the ACLU request Thursday.

But Assistant City Atty. Earl Thomas said police are legally entitled to conduct surveillance to learn about upcoming events such as convention protests.

Neither Thomas nor LAPD Cmdr. Garrette Zimmon would respond to questions about whether police plan to arrest demonstration leaders preemptively, before any protests take place.

“I can’t respond to specific things,” Zimmon said. “Our responsibility is to investigate criminal activity.”

Asked if authorities plan to raid the MacArthur Park-area center, Thomas noted that a raid of a comparable facility by Philadelphia police during the Republican National Convention was authorized by a court-issued search warrant. Thomas said Los Angeles officials have no plans to request such a warrant.

The suit includes declarations from 20 individuals who allege that they have been harassed by authorities while working at the Convergence Center preparing protest activities.

The most recent incident cited in the suit was the LAPD’s temporary detention of two young women Wednesday evening. In the suit and in interviews, Molly Karp and Stacy McCormack, both affiliated with Seeds of Peace, a nonprofit organization that provides food for activists, said they were taken into custody after being followed from the center by a police car to a nearby restaurant.

When they left the restaurant, McCormack said, the police ordered them to halt and drop their bags. Karp said one of the officers repeatedly told her to shut up when she asked questions and threatened to arrest her for “interfering and obstructing.” Then the other officer handcuffed her.

McCormack said one officer said that she and Karp were stopped because it was obvious that they were lost.

On their way to the Rampart Division station, Karp said that when she refused to stop asking questions, one officer said to her: “You think you are a tough girl now, wait until you are in jail and a big black woman wants to make you her friend.”

The women said they were detained for 45 minutes in separate holding cells and then released. Karp was cited for jaywalking. McCormack said the police did not cite her.

She said political fliers that police took from her were not returned. While waiting for a friend to pick them up at the station, McCormack said that an officer told her that the policemen who stopped them “were Metro officers and that their job was to gather information on individuals coming to town to protest.”

More Political Coverage

ZERO TOLERANCE

Law officials say they encourage peaceful protesters at next week’s Democratic National Convention, but vow not to tolerate lawbreakers. B2

GETTING MESSAGE OUT--Various activists struggled Thursday to grab the media’s attention before delegates and protesters sweep into town. B2

BEHIND THE SCENES--Human rights group is offering tours of L.A.’s non-glitzy side to show visitors and city residents “the politics behind the protests.” B2