Compiled by MCJ Editorial Staff
A lawsuit may be on the horizon after Milwaukee Mayor Cavalier Johnson signed the Common Council’s plan that will establish new rules and protocols for people planning to demonstrate during the Republican National Convention (RNC).
The convention will be held July 15-18 at the Fiserv Forum.
The mayor’s signature comes one day after the ordinance was passed by the full council and two days after the council’s Public Works Committee endorsed the measure.
As part of the agreement the city made with the RNC to host the convention, the city has to establish a time-restricted, amplified free speech zone and parade route within ‘sight and sound’ of the convention.
That zone goes from 9th Street on the West to Water Street on the East and from Clybourn Street on the South to Cherry Street on the North.
Inside the speaking area, demonstrators are expected to only use microphones and sound systems provided by the city and to leave the area as soon as the time slot has finished.
If there are any cases of civil disturbance or potential violence, demonstrators will be removed immediately.
The ordinance would apply only to the security zone near the Forum during the week of the convention. The rest of the city would be subject to its normal permitting regulations.
The ordinance does not specify the exact length each speaker or parade would be given.
The length would be determined largely by demand. If fewer groups register, the groups could be given longer speaking slots or parade windows.
But opponents, led by the Coalition to March on the RNC, said during the committee hearing the likely location in Pere Marquette Park is too far from the Forum and that the process is too restrictive. They wanted the city to delay acting.
“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, co-chair of the coalition.
Flores said his organization plans to run a family-friendly march during the convention that would be fully organized by 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.”
Marquette law professor Scott Idleman concurred with Flores on the question of the police controlling who does or does not speak. “You (the MPD) don’t enjoy a kind of blanket capacity to override speech just because you’re trying to maintain good order.”
Another fear raised by those against the ordinance was the free speech zone could bring extremists hate groups such as the Ku Klux Klan.
Flores reportedly stated to another news outlet that his group would likely sue if the ordinance was approved. Opponents see the ordinance as a violation of their First Amendment rights.
In 2012, the city of Tampa Bay passed similar legislation when it hosted the RNC. The city of Cleveland, in 2016, had a similar ordinance when it hosted the RNC. The ACLU sued Cleveland to loosen some of its ‘free speech zone’ rules and won.
It is likely the ACLU will file a lawsuit against the ordinance—on its own or in collaboration with the Coalition to March on the RNC—because, like Cleveland’s ordinance, Milwaukee’s violates the First Amendment.
Mayor 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.
Those looking to demonstrate in one of those two locations first have to register for a permit with the City through an online form. Time slots will be available to sign up between 11 a.m. and 7 p.m. each day.
Sources for this article: fox6now.com, urbanmilwaukeecom, wisn.com