MILWAUKEE — A judge on Monday ruled that the Coalition to March on the RNC cannot march into the “hard” security zone of the convention to complete its planned route.
The protest group and the American Civil Liberties Union of Wisconsin (ACLU) had filed a lawsuit against the city, saying the recent ordinance passed for protesting during the convention violated their First Amendment rights. Group leaders had said it restricted where they could rally and march.
“The Coalition members have the right to march in protest of the RNC. Their right to do so lies at the heart of the First Amendment. But the First Amendment does not allow them to protest or parade in any way they choose,” U.S. District Judge Brett Ludwig countered in his ruling.
That means the Coalition can only march and rally in the areas and routes already determined by the City of Milwaukee.
Members of the Coalition said in June this route puts them out of sight and earshot of Fiserv Forum, where the convention is being held. They said they would be protesting July 15 near Fiserv Forum, with or without a permit.
“Next month, we are marching within sight and sound of the Fiserv Forum,” Aurelia Ceja, co-chair for the Coalition to March on the RNC, had said. “No matter what, we are going to make our demands heard loud and clear.”
Ludwig wrote in the ruling that the city and the U.S. Secret Service, who were the defendants in the case, showed a balance between the protesters’ rights and security and “other governmental interests.”
He said the current security plan, including the time, place and restriction of free speech is “reasonable and valid.”
However, Ludwig did rule in favor of the group on one measure. He said the city and Commissioner of Public Works Jerrel Kruschke could not use criminal history as a factor in approval for protest permits.
The staff attorney for ACLU of Wisconsin, Tim Muth, issued a statement in response to the ruling:
“We are disappointed by today’s ruling and the lack of an authorized parade route within sight and sound of the convention. We still believe that the City’s failure to act concerning our client’s permit application, its delay in establishing a protest zone and a parade route until weeks before the convention, and its decision to push protesters even further away from the convention site with the expansion of the credentialed zone chill freedom of expression and restrict the exercise of First Amendment rights.
Regardless of this ruling, we still expect the City of Milwaukee to follow the Constitution and ensure that protesters can freely, thoroughly, and safely make their voices heard and peacefully protest without unnecessary interference from law enforcement.
The First Amendment is not an ideal meant only to be revered in the abstract. It is a core principle of American democracy that lays the foundation for all the other freedoms we enjoy as a nation. The City of Milwaukee is still responsible for protecting that sacred right, and taking that responsibility seriously is imperative.”
The Coalition to March on the RNC held a press conference Tuesday in response to the ruling.
In a statement shared, the Coalition condemned the court’s decision, saying, “While the courts have decided, exactly a week out, that the City is not infringing on our First Amendment rights, we are firm in our demand to march within sight and sound of the front doors of the Fiserv Forum.”
The Coalition also claimed in the statement the city “delayed the release of their designated route” so that leaders wouldn’t have time to fight for First Amendment rights.
“The City has opened doors and rolled out red carpet for the Republicans and has left their residents in the dark,” part of the statement read.
At the news conference, Omar Flores, chairman of the March on the RNC Coalition, said protesters will still march on a new route avoiding the "hard" security zone. He said they still hope the city will change its mind.
“Nothing about this lawsuit says they cannot grant us the route we are asking for," Flores said. "All this lawsuit says is that they are not required to but we know they can and are still demanding that they can. We do plan on having a call into the mayor's office that they carry forward this demand that they still should grant the route we set out for ourselves.”
Flores said the group will not use the two designated protest zones in the city set up for speeches. He said it would be dangerous.
“While the city is calling these protest zones, the city is calling them conflict zones. Anybody can sign up for those speaking slots, that could mean right-wing extremists, people who want to antagonize our march, we are not looking to engage with that. That is not the point of our march,” he said.
Spectrum News reached out to the City of Milwaukee, but a representative in the mayor's office declined to comment on the lawsuit.
The Coalition said it does not intend to continue with its legal fight, instead turning its attention to the march on July 15.
See the full statement and the new march route below: