Trump protesters win in court, trim 7-day wait for a DIA permit to 1
A federal judge in Denver sided with protesters who say Denver International Airport’s seven-day requirement to get a permit for a demonstration goes too far.
In an injunction issued Wednesday, U.S. District Judge William Martinez said 24 hours is enough. Attorneys for the city said in a hearing last week that police and airport security need time to assess the size of rallies and ensure they have staff on hand to make sure air travelers can come and go safely and conveniently.
Besides trimming seven days to one, Martinez said people can protest where they want and carry any sign they want, as long as they don’t block anybody else’s way or cause other problems.
The plaintiffs were El Paso civil rights activists Nazli McDonnell and Eric Verlo, who were part of weekend protests to President Trump’s now-dead executive order to block refugees and travelers from seven Muslim countries.
No one was arrested over the two days, but police told protesters they couldn’t hold up signs in the terminal and needed to move outside, since they didn’t have a permit.
“That’s not how free speech is supposed to work,” state Rep. Joe Salazar, D-Thornton, said on Jan. 28 as he negotiated with police to allow the peaceful protest. Salazar testified in the hearing for the injunction last week.
“This is a huge victory for the First Amendment,” David Lane, the high-profile Denver lawyer who represented Verlo and McDonnell, said in an e-mail. “When the police and the city of Denver act as agents of oppression under the Trump administration and ignore the Bill of Rights, we can only rely on our Judicial Branch to preserve, protect and defend the Constitution.”
Martinez said in his 46-page ruling that the airport is not a traditional public forum that can be more closely restricted for public safety and clear access for travelers. But Denver’s rules encroach too far into free speech, he said.
“The First Amendment does not require the government to impose a ‘zone of silence’ on its property to maintain its character as a nonpublic forum,” Martinez wrote.
In a statement Wednesday afternoon, DIA said its job is to move people, staff and tenants efficiently and safely
“In order to do so, it must retain the ability to limit the size and appropriate location for a demonstration,” DIA stated. “That’s why the airport is considering its options regarding today’s court decision. The airport remains committed to balancing the rights of individuals to express themselves with the need to protect passengers and airport operations.”