An Open Letter Regarding Seattle Fair Trade Demonstrations on November 30

The events marking the first anniversary of the Seattle Fair Trade demonstrations are celebrations of a profound turning point in the history of international trade. From a global perspective, the Seattle demonstrations are almost universally viewed as a pivotal factor in redirecting the globalization debate to include environmental, human rights, labor standards, consumer protection, and national and local self-determination.

Locally, however, some view the demonstrations last year as unwelcome inconveniences and embarrassments. Some of the press have repeated the fiction that the demonstrations were "riots" by "fringe" groups. Given that misinformation, some people might ask: "Why would anyone want to celebrate that?!" Indeed, this past Sunday, the Seattle Times editorialized: "WTO anniversary: Nothing to celebrate." This misinformed viewpoint creates a political climate that denies the celebratory and substantive nature of the events planned by various groups and invites a repressive posture by city officials. See "Hard line has peaceful protesters worried," Seattle Post-Intelligencer, 11/21/2000 ("[t]hey [the police] could at least give people a chance to be peaceful") Sincere celebrants thus become marginalized, denigrated, and targeted. History provides ample evidence of impaired civil rights of groups thus characterized.

On November 21, 2000, the Executive Director of the American Civil Liberties Union of Washington issued a statement urging a reasoned approach toward demonstrators by City officials. We support the Director's comments. In addition, we wish to make the following specific observations:

The groups and individuals involved in the celebrations are very diverse. Each group is responsible for their own activities. It would be inappropriate for public safety officials to "lump" all the groups and individuals into a single category.

Hundreds of organizers are committed to non-violent, peaceful activities and have worked hard to ensure that this week's events are peaceful despite the mounting hostility coming from some quarters.

There are likely to be a couple of marches and demonstrations in streets. Some may have "parade permits;" some may not. Parade permit requirements effectively require citizens to ask permission for the right to assemble. Courts have voided and cast aside many such ordinances. See, e.g., Shuttlesworth v. Birmingham, 394 U.S. 147 (1969) (conviction of civil rights activist for parading without a permit reversed as a "prior restraint" on speech.) It is a common occurrence in Seattle for street marches to occur without permits and for the police to escort and assist such marches to give effect to the constitutional rights of freedom of assembly and speech that we all enjoy. Yet, Police Chief Gil Kerlikowske has promised that demonstrators filling streets without a rally or march permit will be arrested. See "A year later, Seattle still feels effects from WTO," Seattle Post-Intelligencer, 11/25/2000. This sort of rhetoric only serves to exacerbate tensions and mistrust between public officers and peaceful protestors and flies in the face of the Seattle tradition of peaceful marches without permits.

The groups of which we are aware are committed to peaceful marches, and welcome involvement and monitoring by public safety officials. Indeed, every such group has either asked for a permit or attempted to maintain communication with City officials so that safety of both marchers and the general public can be assured.

Those planning the "potluck" celebration at Westlake Center have applied for a permit for two hours on Thursday, November 30, afternoon. The organizers of that event are pledged to avoid any interference with the enjoyment of other holiday activities.

In any discussion around Westlake Center and its use it is important to note the venerable words of the United States Supreme Court: "Use of the streets in public places [for assembly and debate of public questions] has, from ancient times, been a part of the privileges, immunities, rights and liberties of citizens." Hague v. CIO, 307 U.S. 496 (1937).

The planned use of the Westlake Center is entirely consistent with the planned public purpose of this facility when it was conceived. A 1996 City Task Force on Westlake Center found that the facility would accommodate "major political rallies involving more than 5000 people."

Hence, Westlake Center is designed for such activity, though there is no current indication that the celebration at Westlake will be anywhere near that large.

The existing, and perhaps unconstitutional, exclusive two-month permit issued to a Downtown Seattle Business organization to operate a carousel must not be used as an excuse to deny the exercise of free speech at Westlake for even one day. Such a position reeks of viewpoint discrimination and limits the market place of ideas. See Abrams v. United States, 250 U.S. 616 (1919) ("[there is to be] free trade in ideas [and truth will become accepted through] the competition of the market.") (Justice Holmes, dissenting) Governmental officials have the means, and indeed the duty, to accommodate the peaceful demonstrations at Westlake Center on November 30th.

The report finds that:

- Westlake Park is intended to be a "cohesive central downtown civic gathering space," and the site of "larger community, civic & celebratory functions;"

- It should be perceived that there is "always something happening" at Westlake;

- It is anticipated that there will be closure of Pine Street to vehicular traffic at least 5-10 times per year to accommodate, among other things, "major political rallies" involving more than 5000 people; and

- That the public gathering purpose served by Westlake Park extends (and is perceived to extend) beyond the publicly owned segments to those areas which are formally privately owned. The report can be found at http://www.cityofseattle.net/leg/drago/westlake.htm

In sum, the activities planned for this November 30th should be considered for what they are: a diverse assortment of events concentrated in a traditional public forum designed to celebrate a historic event and inform the public at large about the important issue of Fair Trade. The participants will come from all walks of life but are mostly local residents, trade unionists, students and others motivated by genuine public interest. While diverse, they are committed to the free exercise of their first amendment rights, and are pledged to entirely peaceful demonstrations. They will welcome assistance from public safety officials to ensure that the events are peaceful, safe, and respectful of others. We hope that the public safety officials of our City will allow these activities to follow their natural peaceful course.

- Seattle City Councilmember Peter Steinbrueck
- Seattle City Councilmember Nick Licata
- Kathleen Taylor, Executive Director of the American Civil Liberties Union of Washington
- King County Councilmember Larry Gossett
- Former King County Councilmember Brian Derdowski
- Cindy Domingo, LELO
- Johanna Read, Esq.
- William Broberg, Esq.
- Lisa Daugaard, Esq.
- David Osgood, Esq.
- Vanessa Lee, City Actions
- Aaron Wood, City Actions
- K.L. Shannon, People's Coalition for Justice
- Sally Soriano, People for Fair Trade
- Juan Bocanegra, Downtown Human Services Council
- Aaron Dixon, Community Activist
- John Fox, Displacement Coalition
- Neil Fox
- Melissa Roberts, The Democracy Bridge Project