ACLU, abortion rights group sue Chicago over right to protest during Democratic National Convention

CHICAGO - A group aiming to protest for abortion rights and LGBTQ-inclusive healthcare at the upcoming Democratic National Convention is suing the city after being denied a permit to march through the streets, according to a lawsuit filed Thursday.

The city does not comment on pending litigation but has previously said it has denied all permit applications for protesters so far, citing “safety issues” and the “availability of resources” surrounding the August convention.

Bodies Outside of Unjust Laws, the lead group behind the lawsuit, is stressing the need to advocate for pregnant people after the overturning of Roe v. Wade. 

“Our right to access abortion care was limited even before and now we’re in a full blown crisis,” said Anne Rumberger, a member of the group at a news conference Thursday at the office of the American Civil Liberties Union in Chicago. The ACLU is representing the group.

The lawsuit is the latest in the fight to protest in Chicago this summer and comes as crackdowns on campus protests in Democratically-led cities have advocates saying the erosion of free speech rights is at risk.

“Preserving democracy is a major campaign theme of the Democratic Party,” said Andy Thayer of Bodies Outside. “But is the national Democratic Party, by allowing a series of violent attacks on pro-Palestinian people by police and counterprotesters, preserving democracy” he asked.

The city's Department of Transportation referred questions to the Law Department, which declined to comment. But Bryan Gallardo, assistant commissioner for the transportation department, is quoted in the lawsuit, saying "the proposed parade will substantially and unnecessarily interfere with traffic” and there will not be “sufficient city resources to mitigate the disruption."

The group also names Chicago’s top cop Larry Snelling and transportation commissioner Tom Carney as defendants for their role in the permitting process. 

Democrats already fear a repeat of the chaos of the 1968 DNC in Chicago where bloody clashes between cops and protesters drew eyes away from the convention goings-on.

What makes this denial different? 

The city has denied seven protest permits applications, but the Bodies Outside application is the only one to apply to protest nowhere near the official convention sites, according to documents obtained by USA TODAY via open records request.

The other six applied to demonstrate around the United Center, the main convention hall where the Bulls and Blackhawks play and the Secret Service is designing a security perimeter.

Bodies was aiming to protest at Water Tower Park, a Chicago landmark on Michigan Avenue, over three miles away across the Chicago River. The area is near hotels where they expect convention-goers to stay.

“This is what the First Amendment is all about,” said Rebecca K. Glenberg of the ACLU, the lead attorney in the case, “telling our elected representatives, candidates and other political actors what we want our government to do.”

The city offered an alternative site at a downtown park, which the city has also offered to other groups.

The alternative — miles from the luxury North Side hotels — is no good, the group says.

“Courts have consistently held that you have a right to reach your intended body,” Glenberg said.  "So if the city tells you your parade route is unacceptable, you have a right to an alternate route that still allows you to reach that audience."

Democratically-led cities denying protests 

Thayer called out Chicago’s Mayor Brandon Johnson for his administration’s role in the permit denials. 

“This is what’s so absurd about this,” he said. “Our so-called progressive mayor has proven to be even worse than the evil Rahm Emanuel.” Now the Ambassador to Japan, Emanuel was mayor during the 2012 NATO Summit in Chicago. Thayer also likened Johnson to Richard J. Daley, the mayor who oversaw the notorious 1968 convention.

Johnson “deeply understands the need for both safety and de-escalation when it comes to dealing with protests,” a city spokesperson previously told USA TODAY. The mayor’s office is working closely with law enforcement to “communicate with those who wish to protest and ensure that the city will be fully prepared to provide safety and security for everyone coming to our great city in August.”

The denial of permits in Chicago comes amid crackdowns on campus protests in the Democratically-led cities of New York and Los Angeles, which has also prompted outcry from activists. 

“We’re supposed to be a country that upholds and honors free speech,” said Hatem Abuddayeh, national chair of the U.S. Palestinian Community Network and a spokesperson for another group aiming to protest at the DNC. But, “top leaders of this country are condemning it.”

Thayer and Abuddayeh promised the denials won’t stop anyone from coming to protest.

“I don’t think it’ll keep anyone from Chicago,” Abuddayeh said. “It might even inspire more people to come.”