Lawsuit Likely Over RNC Free Speech Stage

Omar Flores (center, black sweatshirt) addresses the Public Works Committee. Photo by Jeramey Jannene.

Milwaukee’s proposed free speech zone within the Republican National Convention security zone is moving forward. But a lawsuit is likely to follow it in federal court.

The ordinance would allow a group of city officials to establish an amplified stage and parade route within the secured area and a formal sign-up process to use either. But opponents, led by the Coalition to March on the RNC, said the likely location in Pere Marquette Park is too far from Fiserv Forum and that the process is too restrictive. They want the city to delay acting.

But following the Public Works Committee endorsement Monday, the next stop is before the full Common Council Tuesday.

Opponents want more time.

“We don’t really feel that there is a need to have all of these extra hurdles to be able to achieve getting a permit,” said Omar Flores, a leader of the coalition. “And we especially don’t feel that the police department should be in control of who gets to speak and how these routes are going… honestly, if this is not within sight and sound, we are just going to march without a permit.”

Mayor Cavalier Johnson‘s chief of staff Nick DeSiato said the city is following best practices from other conventions in establishing the zone. “It allows for more access,” said DeSiato. Groups would sign up on a first-come, first-served basis to use the parade route or stage. Language was added to the proposal that allows the city to deny permits for groups or individuals that have “previously engaged in violent or destructive conduct in connection with a previous parade or other public assembly.”

Assistant city attorney Kathryn Block said the city believes it can defend the restrictions in court.

DeSiato said the city would like to launch the sign-up process as early as next week, though approvals might not come until June. The actual parade route is also expected to be released in June.

Flores, after the meeting, told Urban Milwaukee his group was likely to sue if the ordinance was approved.

Committee chair Alderman Robert Bauman praised Flores, the lone speaker, for his testimony. He said there is some urgency to pass an ordinance, in large part to allow ample time for groups like Flores’ and the allied American Civil Liberties Union (ACLU) to challenge the ordinance.

Triggered by his testimony, the committee went into closed session, then emerged to change two components of the proposal.

“We heard you on the police chief issue,” said Bauman of changing the denial process. It also extended the daily stage time by one hour, moving the daily start time from noon to 11 a.m. The amplified stage area will close at 7 p.m.

“We hope that based on some of the feedback we have gotten from the public and the ACLU, that this will ease some of the concerns,” said Ald. JoCasta Zamarripa.

The proposal, already subject of one contested committee meeting, would apply only to the security zone near Fiserv Forum during the July week of the convention. The rest of the city would be subject to its normal permitting regulations.

But Bauman said the city has a history of being lax on those requirements, having allowed several civil rights protests and marches without permits in the past five years. Would that change?

“You know the answer I’m going to give you, I’m going to have to defer to law enforcement on that,” said DeSiato, the former police chief of staff.

Which prompted grumbling from Flores: “You’re a cop,” he said off mic.

The ordinance does not specify the exact length each speaker or parade would be given. DeSiato said the length would be determined largely by demand. If fewer groups register, the groups could be given longer speaking slots or parade windows.

Flores said he would like to see priority given to local groups. “We are genuinely operating in good faith here. We have been for the last two years,” he said.

Ald. Jonathan Brostoff was the lone committee member to vote against the ordinance.

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Related Legislation: File 231740