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Judge Denies DNC Free-Speech Zone Challenge

Protesters Receive Alternate Parade Route

POSTED: 12:11 pm EDT July 22, 2004
UPDATED: 5:36 pm EDT July 22, 2004

A federal judge denied a challenge Thursday to the designated protest zone near the FleetCenter, the site of next week's Democratic National Convention.

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NewsCenter Five's David Boeri reported that while Judge Douglas Woodlock rejected the move to change the free-speech zone, he ruled in favor of a coalition of antiwar groups that want to march down Causeway Street on Sunday.

Woodlock toured the city's parade route for the activists Wednesday. It channels the protesters through the fenced enclosure and under two MBTA Green Line girders. One of the enclosure's exits is under a girder that is no higher than 5 feet 9 inches.

"One cannot conceive of other elements put in place to make a space more of an affront to the idea of free expression than the designated demonstration zone," Woodlock said.

Woodlock cited generic concerns over security and ruled in favor of the zone.

"The logical conclusion is tear that abomination down," petitioner Steve Kirschbaum said.

"I suppose it means that he wished he could do something, but of course, the truth of the matter is that he could and should have because that it the obligation of the court under the Constitution," plaintiffs' attorney Jonathan Shapiro said.

"You don't punish everyone because you fear that one person will violate the law," ACLU spokesman John Reinstein said.

"I think the fact that the judge has left our security plan unchanged reflects his understanding that the city worked to the best of its ability to provide all the space we could for the demonstrators without compromising the safety of the delegates or the demonstrators," Boston city attorney Mary Jo Harris said.

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