For Immediate Release 2 Nov., 2017
CONSTITUTIONAL CHALLENGE TO DENIAL OF PERMIT FOR NOVEMBER 4 RALLY FILED IN FEDERAL COURT
“This Nightmare Must End—The Trump/Pence Regime Must GO!”
San Francisco, CA – Earlier today, Refuse Fascism Bay Area and four local community members filed a federal lawsuit challenging the San Francisco Recreation and Park Department’s denial of a permit for Saturday’s non-violent assembly at Union Square Park. RefuseFascism.org has called for a nationwide mass outpouring to begin on Nov. 4, launching a movement to drive out a fascist regime that is putting the whole world in peril. The rally is part of a coordinated effort that includes similar events in cities such as Austin, Chicago, Los Angeles, New York, and more. The complaint asks the court to enforce Refuse Fascism Bay Area’s First Amendment right to hold a peaceful rally at Union Square on Nov. 4as planned.
In an effort to comply with local laws, Refuse Fascism Bay Area applied in early October for a permit to conduct its rally in Union Square Park. Later that month, RFBA received an email from the SFRPD, claiming that Union Square “is not available on these days as it is already permitted to the annual ice rink and holiday tree.” A subsequent email denied the permit application while also stating that the San Francisco Police Department had safety concerns and would be reaching out to RFBA separately. However, when an SFPD officer contacted RFBA, no safety concerns were expressed. In addition, the SFRPD website’s 2017 Special Events Master Applications chart lists the ice rink as the only other permit covering November 4.
Another email from SFRPD seems to prioritize commercial interests over constitutionally protected speech, stating that Union Square is “already a busy area with two cafes, a ticket outlet, and bike rentals” and that the ice rink and holiday tree will be moving in and concluding, “We do not typically reserve the space for additional activities on top of this plus the increased general public at this time of year.”
Attorney Glenn Katon, whose firm Katon.Law specializes in civil and constitutional rights, filed the complaint.
“Denial of a permit in this instance strikes at the heart of the freedoms guaranteed by the First Amendment,” said Mr. Katon. “The use of public parks for peaceful assembly, protest, and public discourse is a hallowed American tradition protected by the Constitution. The SFRPD showed an insufficient basis for denying this sacred right and left RFBA with no adequate alternative channel for expressing its speech.”
Activists point out that it is simply not the case that there is no space in Union Square. Says Xochitl Johnson, “There is plenty of space. Union Square was chosen to be the convergence point for our non-violent mass outpouring because it is a large, iconic public square, a space with crowds of folks from the San Francisco Bay Area and from all over the world, a place where we can reach many, many people who feel deeply this nightmare must end!”
In light of the San Francisco Board of Supervisors’ October 31 act approving a resolution calling for the impeachment of Trump, Refuse Fascism organizer Rafael Kadaris noted, “It is unacceptable for the city to suppress righteous political protest against this regime. The denial or obstruction of permits not only interferes with the right of the people to protest, it also reinforces the lies and scare tactics of the ‘alt-right who have spread disinformation about Nov. 4 and threatened violence,’ further endangering protesters.” See (Washington Post article, 11/11/17.)
Refuse Fascism contends that in a moment when the people of the world – LGBTQ people, immigrants, Muslims, women, Black people, all of humanity – and the planet are in grave peril. “commerce does not trump this urgently necessary political protest.”
Illegitimate bureaucratic roadblocks will not deter RefuseFascism.org. Thousands of people have already heard that the Nov. 4 rally will take place at Union Square at 3 pm. On Nov. 4 it begins… a nationwide movement of protests that continue, day after day, growing from thousands to millions, determined to not stop until the Trump/Pence regime is gone.
The full complaint is available online, HERE.
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RefuseFascism.org is a movement of people coming from diverse perspectives, united in our recognition that the Trump/Pence regime poses a catastrophic danger to humanity and the planet and that it is our responsibility to drive them from power through non-violent protests that grow everyday until our demand is met: This Nightmare Must End—The Trump/Pence Regime Must GO!”