Published December 06, 2011
Judge ties WSP hands on Capitol protesters
Brad Shannon: The Politics BlogA federal judge issued a temporary restraining order today on behalf of about 30 Occupy the Capitol protesters, letting them return to the Legislative Building despite no-trespass orders issued last week by the State Patrol.
At least a half-dozen of the protesters were arrested on charges of trespassing and one, Mark F. Canfield, sued to block the arrests as an infringement on the rights of speech and association. Go here for my reporting partner Jordan Schrader’s account.
U.S. District Court Judge Robert J. Bryan’s three-page ruling said:
“Plaintiff has shown that he is likely to succeed on the merits for the following reasons: The restrictions at issue involve the First Amendment rights to freedom of assembly; freedom of speech, and freedom of press; there is no authority in statute or in the administrative code for this broad-based prior restraint; the restrictions are not reasonable as to time, place or manner, although they are content neutral; and the restrictions are not narrowly tailored to serve a significant governmental interest.’’
The injunction goes on to say Patrol Chief John Batiste, assistant chief Gregory Miller, Capt. Jeffrey Miller and other patrol defendants may not arrest protesters “based solely on the violation of a trespass warning.’’ The injunction stays in effect until Bryan hears a motion on the injunction at 1:30 p.m. Jan. 5.
The protests in the first week of the Legislature’s 30-day special session were rowdy and disruptive, and many protesters had to be carried out of the Legislative Building when they refused on Nov. 28 to obey orders to vacate when the building closed at 5:30 p.m.
About 30 evicted protesters were given trespass warnings. The next day many were arrested upon returning to the scene to protest further against budget cuts and to call for higher taxes on the wealthy and on corporations.
Troopers also arrested 15 protesters, many for disorderly conduct. And the State Patrol reported six of its troopers had injuries that were mild enough to let them return to work the next days.
Gov. Chris Gregoire’s aides said last week she wanted to close the Capitol to overnight protests because of security costs.
Later on Nov. 30 Gregoire told reporters:
“It’s very expensive. It’s $100,000 a day. Admittedly, much of that we would be paying anyway. Now let me tell you what the down side is. We would be paying them because they were on their regular beats. They would be in Tacoma or Lewis County doing their regular job. They are not there. They are here on this campus dealing with this issue. But they also are getting overtime; they are getting mileage. They are getting meals; they are getting overnight. It’s $100,000 a day I can’t afford - the taxpayers can’t afford it. What are we going to cut to be able to pay for $100,000 a day for security for these few people who are violating the law?”
Gregoire also said she would ask troopers to go on arresting protesters that did not leave the building when it is lawfully closed.