Spokane Restricts Free Speechfrom ACLU of WashingtonThe American Civil Liberties Union (ACLU) and the Center for Justice (CFJ) have recently filed a lawsuit challenging the Spokane Transit Authority's restrictions on freedom of speech at the Plaza in downtown Spokane. The suit is being filed in US District Court in Spokane on behalf of Donald Ausderau, a Christian minister, and the Peace and Justice Action League of Spokane. The plaintiffs seek to nullify Transit Authority rules that limit their ability to speak with people and distribute informational materials on public sidewalks. "Public sidewalks have traditionally served as public forums for free speech. The Transit Authority's rules interfere with citizens' constitutional rights to speak as they wish in public without having to get the government's permission beforehand," said ACLU staff attorney Aaron Caplan. "The Plaza sidewalks are a classic public forum and a central gathering point for the Spokane community that must be kept open for public dialogue by citizens and community groups," said CFJ attorney David Blair-Loy. Donald Ausderau is a Spokane resident and minister who wishes to speak to the public about religious and social issues on the public sidewalk outside the Plaza. The Peace and Justice Action League of Spokane is a nonprofit membership organization devoted to involving individuals and local communities in building the foundations for a just and nonviolent world. The group seeks to hand out leaflets and gather signatures about political and social issues on the sidewalk outside the Plaza. The Spokane Transit Authority (STA) requires people seeking to exercise their free speech rights at the Plaza to obtain a permit in advance. The Transit Authority grants permits for only two locations on the sidewalk surrounding the Plaza. Further, the Transit Authority issues permits for no longer than five hours a week for any individual or group, even though there has been no history of excess demand for sidewalk space. The lawsuit contends that these restrictions violate free speech rights under the state and federal constitutions. The requirement that plaintiffs get a permit from the STA in order to talk to individuals or to leaflet is an unlawful prior restraint on freedom of speech. Restricting plaintiffs from moving freely on the sidewalk prevents them from communicating effectively with the public. In addition, there is no reasonable basis for limiting free speech rights to only five hours. Contacts: Doug Honig, ACLU (206) 624-2184; David Blair-Loy, CFJ (509) 835-5211
| 
