[discuss-dan] Open Letter-Seattle's Fair Trade Demos Today

["getmelissa@uswest.net" <getmelissa@uswest.net>]

AN OPEN LETTER REGARDING
SEATTLE FAIR TRADE DEMONSTRATIONS ON NOVEMBER 30

The events marking the first anniversary of the Seattle Fair Trade
demonstrations are celebrations of a profound turning point in the
history of international trade.  From a global perspective, the Seattle
demonstrations are almost universally viewed as a pivotal factor in
redirecting the globalization debate to include environmental, human
rights, labor standards, consumer protection, and national and local
self-determination.

Locally, however, some view the demonstrations last year as unwelcome
inconveniences and embarrassments. Some of the press have repeated the
fiction that the demonstrations were “riots” by “fringe” groups.  Given
that misinformation, some people might ask:  “Why would anyone want to
celebrate that?!” Indeed, this past Sunday, the Seattle Times
editorialized:   “WTO anniversary:  Nothing to celebrate” This
misinformed viewpoint creates a political climate that denies the
celebratory and substantive nature of the events planned by various
groups and invites a repressive posture by city officials.  See “Hard
line has peaceful protesters worried,” Seattle Post-Intelligencer,
11/21/2000 (“[t]hey [the police] could at least give people a chance to
be peaceful”)  Sincere celebrants thus become marginalized, denigrated,
and targeted.  History provides ample evidence of impaired civil rights
of groups thus characterized.

On November 21, 2000, the Executive Director of the American Civil
Liberties Union of Washington issued a statement urging a reasoned
approach toward demonstrators by City officials. We support the
Director’s comments.  In addition, we wish to make the following
specific observations:

 The groups and individuals involved in the celebrations are very
diverse.  Each group  is responsible for their own activities.  It would
be inappropriate for public safety officials to ”lump” all the groups
and individuals into a single category.

 Hundreds of organizers are committed to non-violent, peaceful
activities and have worked hard to ensure that this weekís events are
peaceful despite the mounting hostility coming from some quarters.

 There are likely to be a couple of marches and demonstrations in
streets.  Some may have “parade permits;” some may not.  Parade permit
requirements effectively require citizens to ask permission for the
right to assemble.  Courts have voided and cast aside many such
ordinances.  See, e.g., Shuttlesworth v. Birmingham, 394 U.S. 147 (1969)
(conviction of civil rights activist for parading without a permit
reversed as a “prior restraint” on speech.)  It is a common occurrence
in Seattle for street marches to occur without permits and for the
police to escort and assist such marches to give effect to the
constitutional rights of freedom of assembly and speech that we all
enjoy.  Yet, Police Chief Gil Kerlikowske has promised that
demonstrators filling streets without a rally or march permit will be
arrested.  See “A year later, Seattle still feels effects from WTO,”
Seattle Post-Intelligencer, 11/25/2000.  This sort of rhetoric only
serves to exacerbate tensions and mistrust between public officers and
peaceful protestors and flies in the face of the Seattle tradition of
peaceful marches without permits.

 The groups of which we are aware are committed to peaceful marches, and
welcome involvement and monitoring by public safety officials.  Indeed,
every such group has either asked for a permit or attempted to maintain
communication with City officials so that safety of both marchers and
the general public can be assured.

 Those planning the ”potluck” celebration at Westlake Center have
applied for a permit for two hours on Thursday, November 30, afternoon.
The organizers of that event are pledged to avoid any interference with
the enjoyment of other holiday activities.

 In any discussion around Westlake Center and its use it is important to
note the venerable words of the United States Supreme Court:  “Use of
the streets in public places [for assembly and debate of public
questions] has, from ancient times, been a part of the privileges,
immunities, rights and liberties of citizens.” Hague v. CIO, 307 U.S.
496 (1937).

 The planned use of the Westlake Center is entirely consistent with the
planned public purpose of this facility when it was conceived.  A 1996
City Task Force on Westlake Center found that the facility would
accommodate “major political rallies involving more than 5000 people”. *
Hence, Westlake Center is designed for such activity, though there is no
current indication that the celebration at Westlake will be anywhere
near that large.

 The existing, and perhaps unconstitutional, exclusive two-month permit
issued to a Downtown Seattle Business organization to operate a carousel
must not be used as an excuse to deny the exercise of free speech at
Westlake for even one day.  Such a position reeks of viewpoint
discrimination and limits the market place of ideas.  See Abrams v.
United States, 250 U.S. 616 (1919) (“[there is to be] free trade in
ideasî [and truth will become accepted through] ěthe competition of the
market.”) (Justice Holmes, dissenting)  Governmental officials have the
means, and indeed the duty, to accommodate the peaceful demonstrations
at Westlake Center on November 30th.

  * The report finds that:
• Westlake Park is intended to be a “cohesive central downtown civic
gathering space,” and the site of “larger community, civic & celebratory
functions;”
• It should be perceived that there is “always something happening” at
Westlake;
• It is anticipated that there will be closure of Pine Street to
vehicular traffic at least 5-10 times per year to accommodate, among
other things, “major political rallies” involving more than 5000 people;
and
• That the public gathering purpose served by Westlake Park extends (and
is perceived to extend) beyond the publicly owned segments to those
areas which are formally privately owned.
The report can be found at
http://www.cityofseattle.net/leg/drago/westlake.htm

In sum, the activities planned for this November 30th should be
considered for what they are:  a diverse assortment of events
concentrated in a traditional public forum designed to celebrate a
historic event and inform the public at large about the important issue
of Fair Trade.  The participants will come from all walks of life but
are mostly local residents, trade unionists, students and others
motivated by genuine public interest.  While diverse, they are committed
to the free exercise of their first amendment rights, and are pledged to
entirely peaceful demonstrations.  They will welcome assistance from
public safety officials to ensure that the events are peaceful, safe,
and respectful of others.  We hope that the public safety officials of
our City will allow these activities to follow their natural peaceful
course.

Seattle City Councilmember Peter Steinbrueck
Seattle City Councilmember Nick Licata
Kathleen Taylor, Executive Director of the
American Civil Liberties Union of Washington
King County Councilmember Larry Gossett
Former King County Councilmember Brian Derdowski
Cindy Domingo, LELO
Johanna Read, Esq.
William Broberg, Esq.
Lisa Daugaard, Esq.
David Osgood, Esq.
Vanessa Lee, City Actions
Aaron Wood, City Actions
K.L. Shannon, People's Coalition for Justice
Sally Soriano, People for Fair Trade
Juan Bocanegra, Downtown Human Services Council
Aaron Dixon, Community Activist
John Fox, Displacement Coalition
Neil Fox
Melissa Roberts, The Democracy Bridge Project

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