Protesters go to court over RNC march

A federal judge is expected to issue a ruling next week on the time frame and route of the demonstration.

By RANDY FURST, Star Tribune

Last update: July 9, 2008 - 11:13 PM

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In a federal courtroom packed with more than 50 antiwar demonstrators Wednesday, attorneys for the city of St. Paul squared off against lawyers for the demonstrators, who want a judge to amend restrictions on a large antiwar march planned for the first day of the Republican National Convention at the Xcel Energy Center.

Attorneys for the protesters asked U.S. District Judge Joan Ericksen to permit the march to begin later in the day so delegates will see the demonstration as they arrive for the evening session. They also want the march route to pass along the sides of the Xcel Center rather than briefly approach it.

But attorneys for the city said police need protesters gone before some 350 buses carrying delegates and guests arrive and begin unloading.

Ericksen asked pointed questions about the march route but seemed most interested in the time frame. She'll issue a decision next week.

Attorneys with two of the state's most prestigious law firms represented the protesters, contending that St. Paul police had relegated free speech to a secondary concern.

John Kelly, an assistant St. Paul city attorney, countered that what the protesters "are asking for is extreme" and that the city was offering them unprecedented access, getting them closer to the Xcel Energy Center than protests at political party conventions in other cities in 2000 and 2004.

He said the city will erect a viewing area on W. 7th Street near the Xcel that protesters can use during the convention.

Although protesters have been at loggerheads with the city of St. Paul since October of 2006 when they first applied for a permit, this was the first courtroom confrontation.

With 35,000 delegates and spectators expected to attend the convention that runs from Sept 1-4 and protesters predicting up to 100,000 demonstrators, a lot is riding on Ericksen's ruling.

In May, St. Paul police gave protesters a march permit from noon to 2 p.m. and allows them to come within 84 feet of the Xcel but not encircle it.

It was disclosed during the hearing that Ericksen and attorneys for both sides had toured the area around the Xcel this week with St. Paul Deputy Police Chief Matt Bostrom.

Asking many questions of attorneys, Ericksen seemed well-versed on other court cases on demonstrations. It was disclosed at the hearing that police offered a change in the march route from the State Capitol to the Xcel to ease concerns that the route was too narrow. Police also said they'd allow marchers to approach the Xcel until 3 p.m., rather than 2 p.m. And they said delegates would most likely enter the Xcel through doors 2 and 3, enabling them to see the march.

Todd Noteboom, of Leonard, Street and Deinard, one of the protesters' attorneys, said protesters wanted to march in the late afternoon or evening because there might only be a night convention session.

Robert Hennessey, a lawyer with Lindquist & Vennum, also representing the protesters, said instead of putting free speech first, police were planning the march around the buses.

Assistant city attorney Kelly said court decisions affirm that security comes first, noting that some groups unaffiliated with the march were vowing to blockade the Xcel.

The marchers seek immediate U.S. withdrawal from Iraq, which was highlighted in Hennesey's opening remarks. He said 4,115 U.S. soldiers had been killed in Iraq, 30,000 had been seriously injured and the war costs came to $5.5 billion. He said the protesters' message must be heard.

Randy Furst • 612-673-7382

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