CT Post: Judge compromises on circus ruling (Free speech?)

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CT Post: "Judge compromises on circus ruling" (Free speech?) Thu Oct 25, 2007 6:26 pm (PST) Thu, 25 Oct 2007 08:45:55 -0700 (PDT) [CT for Animals] CT Post: "Judge compromises on circus ruling" (Free speech?) Judge compromises on circus ruling BILL CUMMINGS bcummings Connecticut Post Online HARTFORD — The Ringling Bros. and Barnum & Bailey Circus on Wednesday was thrust into a battle featuring animal rights, First Amendment issues and bomb threats. Those diverse issues came together in U.S. District Court as several animal rights groups asked a federal judge to relax restrictions on how close their protesters can come to circus patrons as they enter the Arena at Harbor Yard for performances scheduled today through Sunday. The animal rights groups stage demonstrations each year when the circus comes to town, standing outside the arena in an effort to draw attention to the alleged mistreatment of animals. While the question of how close protesters should be to patrons was the issue

before the court, testimony alternated between First Amendment free speech protections, fear of bomb threats and violence — the Arena recently was searched because of increasing threats to the circus — and whether the city-owned Harbor Yard facility is a public place. At the end of the day, U.S. District Court Judge Vanessa L. Bryant accepted a compromise that covered Wednesday night's opening performance of the circus and a special performance this morning for schoolchildren in the Bridgeport region. Lawyers representing the city and Friends of Animals agreed that demonstrators would not venture within 40 feet of the Arena building during the Wednesday night show and 80 feet

while schoolchildren entered the facility this morning. Judge Bryant promised a formal ruling today on a larger request for a temporary restraining order to block current restrictions on how close protesters can be to circus patrons entering the arena. Protesters last year were kept at least 80 feet from the arena and restricted as to where they could roam in the plaza in front of the facility. Attorney Derek Oatis, who represents several animal rights groups, argued the First Amendment requires the city to allow protesters to stage demonstrations near the entrance of the arena. He said the building constitutes a public facility because it's owned by the city and the city derives revenue from its shows. "This is not a private entity. It's intertwined with the city. First Amendment law has shown hostility toward floating bubbles," Oatis said, referring to the practice of cordoning off areas where protesters can stage demonstrations. He said courts have

established an eight-foot buffer between protesters at abortion clinics and those entering clinics. Oatis acknowledged protesters cannot "block or impede entrance or the function of a center." Oatis said when the arena opened in 2001, and the first circus performances were held, protesters were allowed to move along barricades that funnel patrons into the arena. But by 2006, Oatis said, protesters had been pushed as far back as 160 feet. William Mannetti, a Seymour resident, testified that protesters wear costumes, sometimes portraying a "sad clown," so they can gain the attention and interact with circus patrons. "We form a line along the line of attendees. There is a long line because people have to go through security. That way, we can have a meaningful exchange of ideas. People ask questions and children ask why we are sad. We say it's because of the way animals are treated. You can't have a meaningful conversation 50 to 100 feet away," Mannetti said.

The city's lawyers argued that protesters have been pushed farther back because of increased security needs. They said the circus is the subject of considerable threats and produced witnesses who said safety is the primary concern. Charles Read, security director of Feld Entertainment, which runs the circus, said there has been a marked increase in threats against the circus. For example, Read said a Sept. 11, 2007, "threatening call" to the company's New York City office was traced back to a 203 area code, which includes Bridgeport. "Last week, a show in Manchester was vandalized by the Animal Liberation Front, which the FBI calls a domestic terrorism group. We have asked for heightened security," Read said. City Attorney Barbara Brazzel-Massaro said animal rights groups are allowed to walk along sidewalks, approach patrons as they leave parking garages and stand within sight of the various lines formed to queue up patrons and move them into the building. But she said the groups do not have a right to protest on the plaza in front of the arena, where crowds line up to enter the building. "There is no other use for the plaza than an arena event. If someone wanted to give a speech there they would be removed at the request of the arena," said Brazzel-Massaro, who added the arena maintains the plaza and pays all bills associated with it. She said protesters last year erected a large video display and carried huge signs that could be easily seen from a distance. "They have the opportunity to express their beliefs. People can accept the material

or not," Brazzel-Massaro told the judge. CONNECTICUT FOR ANIMALS connecticutforanima ls.blogspot. com www.uchckillsmonkey s.com http://www.chooseveg.com/meet-your-meat.asp The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it. -Albert Einstein