Marianne Bessey <mabessey@gmail.

com>

Fwd: Issue with protest around the Christmas Village

1 message

MaryCatherine Roper <mroper@aclupa.org> Fri, Dec 13, 2019 at 2:10 PM

To: Marianne Bessey <mabessey@gmail.com>

I would print this out and keep it with you. Enjoy!

Mary Catherine Roper | Deputy Legal Director

Pronouns: she, her, hers
ACLU of Pennsylvania
P.O. Box 60173, Philadelphia, PA 19102
Desk: 215.592.1513 x116| mroper@aclupa.org
Fax: 215.592.1343

aclupa.org    

Are you a card-carrying member? Click here to support the ACLU.

---------- Forwarded message ---------

From: Joseph P Sullivan <Joseph.P.Sullivan@phila.gov>
Date: Fri, Dec 13, 2019 at 2:07 PM
Subject: RE: Issue with protest around the Christmas Village
To: MaryCatherine Roper <mroper@aclupa.org>

We agree I am putting something out to all our personnel consistent with your email

Sent via the Samsung Galaxy S®6 active, an AT&T 4G LTE smartphone

-------- Original message --------

From: MaryCatherine Roper <mroper@aclupa.org>
Date: 12/13/19 12:11 PM (GMT-05:00)
To: Joseph P Sullivan <Joseph.P.Sullivan@phila.gov>
Subject: Issue with protest around the Christmas Village

External Email Notice. This email comes from outside of City government. Do not click on links or open attachments unless
you recognize the sender.

Good afternoon, Deputy Commissioner!

I received a complaint from one of my animal-rights activist clients, who wishes to distribute literature and otherwise protest in two places
associated with the Christmas Village, but has been told it is not allowed by Lt. Williams of Philadelphia Civil Affairs Unit. I am hoping that we can
reach agreement on this question.

1. Love Park
Christmas Village has a permit for Love Park, and so I agree that the event can prevent protesters from entering the park. But my client was told
that she could not even protest on the sidewalks along 15th Street, JFK, 16th Street and (where sidewalks exist) Arch Street. Those sidewalks
are not restricted to patrons of the event, but are generally available to the public who wish to move from one part of the city to another. Civil
Affairs should be instructed that they cannot prohibit non-disruptive protest on those perimeter sidewalks.

2. Penn Square (City Hall and Dilworth Park)

The permit for Penn Square must be treated as a porous permit (like the permit for Outfest) because the approach to and from City Hall must
remain open for use by people who are not shopping at the Village. As a practical matter, of course, the Square is also open to casual
pedestrian traffic, buskers, people visiting the Cafe and anyone seeking shelter from the rain. Therefore, as with Outfest, protesters must be
treated like any other member of the public and allowed to walk freely about the area, as long as they are not interfering with the permitted
activities. Civil Affairs should be instructed that they can make protesters move or modify their activities as necessary to prevent interference
with vendors and activities, but cannot forbid them from protesting in the public spaces of the Square.

I would be happy to discuss this if you think that I am wrong about this. Otherwise, can I tell my client that she can protest as I have outlined
above?

Thank you for your assistance!

Mary Catherine

Mary Catherine Roper | Deputy Legal Director

Pronouns: she, her, hers
ACLU of Pennsylvania
P.O. Box 60173, Philadelphia, PA 19102
Desk: 215.592.1513 x116| mroper@aclupa.org
Fax: 215.592.1343

aclupa.org    

Are you a card-carrying member? Click here to support the ACLU.