Over the years in Philadelphia, protesters often found it
difficult to get city permission to demonstrate or march.
To the protesters, the explanation was simple: if the city
fathers didn't like their "cause," they simply refused to issue a
permit and hoped the demonstrators would throw in the towel.
The times may finally be changing.
On the eve of a trial that raised constitutional challenges to
the city's practice of denying permits, the Street administration
has agreed to abandon the old way while trying to come up with a new
approach.
"We think it's an enormous victory for political activists in
Philadelphia," said attorney Mara Verheyden-Hillard, referring to
the settlement of a two-year lawsuit.
Working in Washington, D.C. for the National Lawyers Guild and
Partnership for Civil Justice, she sued Mayor Street and other
officials two years ago.
The suit was filed after the city tried to stop a two-day,
anti-death penalty, pro-Mumia Abu-Jamal demonstration on Dilworth
Plaza, adjacent to City Hall.
Abu-Jamal is on death row for the murder of Police Officer Daniel
Faulkner.
Hauled into federal court, the city reluctantly agreed to permit
the demonstration but the demonstrators' lawyers pressed for a
permanent injunction, alleging their clients would be denied permits
in the future.
The trial was to have begun yesterday before U.S. District Judge
John P. Fullam, but the city gave in on all points.
Under the settlement, the city agreed it would no longer enforce
an executive order that gave officials discretion to approve or deny
permits for marches, protests, demonstrations, and rallies.
The city also agreed that it wouldn't cite minors for violating
nighttime curfew while participating in protests and other "free
speech" activities.
In the meantime, the city is putting together new permit
procedures that hopefully will pass constitutional muster, although
Stefan Presser, legal director of the Philadelphia ACLU, still has
some concerns about the new approach.
"The city has reserved to itself a plethora of reasons why these
permits can be denied," said Presser. "It seems to be inviting
future litigation."
Still, the new approach, with applications going to the managing
director's office, instead of to the Police Department or the
Department of Licenses & Inspections, will be much better than
the old way, Presser
predicted.