ACLU Calls Change to Torch Route an “End Run Around the First Amendment”


For Immediate Release: April 9, 2008

SAN FRANCISCO - The ACLU of Northern California has serious concerns about the city’s decision to change the route of today’s Olympic torch relay in an apparent attempt to avoid protestors.

“We are dismayed by what appears to be an unnecessary and unconstitutional end run around the First Amendment,” said Maya Harris, Executive Director of the ACLU-NC. “If the route was changed at the last minute because of serious threats of violence, that would be one thing, but we have serious concerns that the route was changed to avoid the protestors.”

“The First Amendment protects robust and even unruly expression,” said ACLU-NC Legal Director Alan Schlosser. “Unless absolutely necessary, the city should not have deprived groups on both sides from expressing their views as the torch went by.”

ACLU-NC Staff Attorney Michael Risher said the city also broke its promise that it would not discriminate against people based on their message.

“The city assured us that people would be treated the same whether they were carrying Chinese, Tibetan or American flags,’’ said Risher. “And that was not the case.  Our legal observers witnessed police ordering protestors carrying Tibetan flags or signs to leave Justin Herman Plaza.”

The ACLU-NC filed a Sunshine Ordinance (Public Records Act) request on March 13 seeking information about the route and the procedures the city intended to follow during public demonstrations expected to surround the event.

Risher said the ACLU-NC would investigate what lead to today’s actions by the city.

“Our Public Records Act request specifically asks the city to continue to provide information as it becomes available,’’ Risher said. “We intend to follow up to make sure we get documents about what happened today.’’

More information is available online on the ACLU-NC's role in attempting to ensure First Amendment rights with the Olympic torch relay.