RNC Milwaukee: Protesters can't march in security zone, judge rules

MILWAUKEE - A federal judge ruled Monday that protesters can't march through a security zone at the Republican National Convention in Milwaukee.

On Tuesday, demonstrators said they plan to march their own route despite the federal ruling. The Coalition to March on the RNC 2024 said 5,000 people will march from Red Arrow Park on Monday and follow a route that has not been issued a permit from the city.

"We are preparing for the worst, but expecting the best," said Omar Flores, the coalition's chair. "We’re going to march on the streets that we have a right to march on the same way we always have here in Milwaukee."

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Lawsuit against Milwaukee

The group, along with the American Civil Liberties Union, filed a federal lawsuit against the city of Milwaukee. That lawsuit said two designated protest zones – Haymarket Square to the north and Zeidler Union Square to the south – are not close enough to the convention's main events.

"We want to be heard by the people inside the Fiserv Forum, not outside of it," Flores said. "We were never going to let this decision decide if we are going to march or not."

The route from Red Arrow Park and north on Water Street will butt up against the hard security perimeter before looping back to the park. 

In a statement, the mayor's office said in part: "Safety is a priority, so all are expected to follow the law and the directions from public safety officials."

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Protesters said they don't want problems.

"There is no legitimate reason to criminalize our protest," said Flores. 

FOX6 also asked the mayor's spokesperson if there would be arrests or police intervention if protesters marched their planned route without a permit. He said he was reluctant to speculate.

Judge's decision

U.S. District Judge Brett Ludwig said in his order that protesters have a right to march in protest of the RNC, "but the First Amendment does not allow them to protest or parade in any way they choose."

Ludwig said that Milwaukee city officials and the U.S. Secret Service have worked to balance protesters' right to express themselves and "legitimate security and other governmental interests."

"The vast majority of the resulting security plan is a reasonable and valid time, place, and manner regulation on speech," the judge said in denying the protesters’ request for closer access to the convention site.

The judge sided with the ACLU on one issue, ruling that the city and the Commissioner of Public Works Jerrel Kruschke could not approve speaker and demonstration applications on the basis of an applicant’s criminal history. Ludwig said the city "overstepped their authority in reserving their ability to deny protest permits based on" a past criminal conviction.

Both sides have until Wednesday if they wish to pursue other legal options.

Official statements

Coalition to March on the RNC

The Coalition to March on the RNC is gathered here today to condemn the court’s decision to reject our claim that the city is infringing on our First Amendment rights. What we have seen happen in Milwaukee is unfortunately what often happens when the RNC comes to town. Mayors and local police departments from host cities will work with the Secret Service and the RNC to suppress communities’ free speech. We firmly believe that the City of Milwaukee delayed the release of their designated route so we would not have much time in court to litigate for our First Amendment rights. We deserved a route we had adequate time to organize around and litigate.

While the courts have decided, exactly a week out, that the City is not infringing on our First Amendment rights, we are firm in our demand to march within sight and sound of the front doors of the Fiserv Forum. While the City at this point may not have a legal obligation to give us the route we are asking for, they do have a moral obligation to give us the route we are asking for. The City has opened doors and rolled out red carpet for the Republicans and has left their residents in the dark. There is no legitimate reason to criminalize our protest, on a route we have marched before without incident. While the City says that they cannot grant us our route due to "safety concerns," they are actually increasing the likelihood of police coming into contact with protests by not granting us a permit for our route. Historically, police intervention has always been the start of a protest going south. 

It is important to be clear that as organizers we were never going to let this decision decide if we march or not. We are going to march on the streets that we have a right to march on, the same way we always have here in Milwaukee. This court decision is about how the City will react to our family friendly protest. Historically, the Milwaukee Police Department has been relatively hands off in response to our protests. Leading organizers have held successful marches of similar size and larger without a permit. The overwhelming majority of our protests proceed as planned without arrests, and we expect the same to happen while the RNC is in town. We are preparing for the worst, but expecting the best. Our best will be a family friendly protest where we can project our agenda to the extent that it will overshadow the hateful, reactionary and racist Republican agenda.

Join us on July 15th, at Red Arrow Park, starting at 10am to march on the RNC.

Milwaukee Mayor Cavalier Johnson's Office

Everyone can express their opinions in public spaces throughout Milwaukee. That said, safety is a priority, so all are expected to follow the law and the directions from public safety officials.

The official demonstration areas and the parade route are set up to provide premier "sight and sound" access to convention activities.

As to specific comment about the court ruling, I'll leave that to our attorneys.