New York's Central Park is for the People
Lawsuit Filed in the "Battle for Central Park"

The Partnership for Civil Justice, with other counsel also on behalf of the National Lawyers Guild Mass Defense Committee, filed litigation on August 13, 2004 in New York City's federal court to issue an injunction to force the City and Mayor Bloomberg to allow the assembly of demonstrators in Central Park and on Central Park's Great Lawn during the Republican National Convention; and to stop the Mayor and the City from carrying out their threats to arrest people who engage in free speech activities in Central Park.

The briefing was written by Carl Messineo and Mara Verheyden-Hilliard of PCJ, and Carol A. Sobel of the Law Offices of Carol A. Sobel. Ms. Sobel and Ms. Verheyden-Hilliard are co-chairs of the NLG Mass Defense Committee.

The litigation was filed on behalf of the National Council of Arab Americans and the A.N.S.W.E.R. Coalition (Act Now to Stop War & End Racism), who were denied a permit to organize a civil rights and civil liberties demonstration on the Great Lawn. The lawsuit seeks to protect the rights of all those in New York who wish to avail themselves of access to Central Park and New York City for lawful political assembly on the same terms and conditions as access is afforded others, including corporate and political favorites of the Mayor.

Counsel on the case are Mara Verheyden-Hilliard and Carl Messineo of PCJ, Carol Sobel of the Law Offices of Carol A. Sobel, and Jonathan Moore of Moore & Goodman, LLP, all attorneys also litigating on behalf of NLG Mass Defense.

Click here to read the Complaint.

Click here to see the supporting Memorandum of Law.

The First Amendment grants the rights to freedom of speech, freedom of association, peaceable assembly and the right to petition the government for redress of grievances. These fundamental democratic freedoms are necessary for any government to be truly "of the people, by the people and for the people."

We are deeply concerned by trends towards restrictions on free speech and peaceable assembly. It is particularly important in times of conflict or uncertainty, that the voices of the people are able to inform irrevocable decisions being contemplated by government.

Dissent, dialogue and even disagreement are the cherished hallmarks of democracy and should be welcomed and encouraged. To take the position that different voices, thoughts, ideas and options cannot be heard on critical issues of government decisionmaking suggests that those government decisions cannot survive discussion or scrutiny.

Dissension and discussion during times of crisis or war should not be discouraged, nor should society or government cast aspersions on those who exercise their right to dissent. This country has scorned others nations which remove the right to dissent, and which place restrictions on dissident groups and opposition groups. There is no cause to impose such restrictions in the U.S.

The Constitution Cannot Be Suspended, Even In Times of Great Crisis or War
In 1866, the U.S. Supreme Court affirmed the inviolability of the Constitution even during the Civil War, a violent conflict on the soil of the United States.

"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men [sic], at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."

-- Ex Parte Mulligan, 71 U.S. (4 Wall) 2, 120 (1866)

The Emergency Campaign to Defend Civil Rights

The Emergency Campaign to Defend Civil Rights has been formed in the aftermath of Sept. 11, to defend the civil rights of citizens and non-citizens; to fight for the First Amendment rights of all people of courage who wish to speak their conscience, including in opposition to racism and war in these difficult times; to fight for the right of Muslim and Arab people, and all those who are being targeted in the U.S., to live free of fear and discrimination; and to fight to protect the rights to privacy, to engage in communications, conversations, and associations without government monitoring of, or intrusion into, our beliefs, discussions, and thoughts.

The Emergency Campaign is challenging the erosion of civil liberties during this existing crises period and provides support to progressive activists, political organizations, noncitizens, and ethnic and religious groups that are illegitimately targeted by the government. The Emergency Campaign is working to counter government efforts to restrict dissenting political speech and activities.

Providing legal support and technical assistance to those seeking to advance the causes of civil and human rights through political dissent and by engaging in First Amendment protected activities, including demonstrations, rallies, protests and vigils. This includes helping individuals and organizations secure their rights to demonstrate on the public parks, streets and sidewalks that are the traditional fora for open discussion and assembly, including through litigation where necessary.

Working to protect and defend individuals from discrimination, including those targeted because of their race or ethnic group or religion.

Serving as a watchdog organization to protect against unconstitutional discrimination or retaliation on the part of the Government against organizations that criticize existing U.S. Government policy.

Providing legal training materials for attorneys, legal workers and law students who are challenging unconstitutional conduct nationwide.

Providing educational "Know Your Rights" materials to citizens and noncitizens about their civil rights under the law, and encouraging the full exercise of those rights

Monitoring and tracking government harassment, identifying trends and assisting in a coordinated response to challenge and eliminate restriction of rights, discriminatory and inappropriate enforcement and application of laws, and other punitive and disparate measures taken against persons because of their ethnic or religious background or because of their progressive political activities.

Undertaking non-partisan analysis of issues affecting the ability of citizens and non-citizens to engage in dissent and debate on issues of public importance; and issues affecting civil rights and civil liberties.

Other relevant cases:
S27ClassAction.org launched.

In the Courts: Selected Civil rights cases