ACLU Lawsuit Against Democratic Convention Planners Begins in Court GREELEY, CO (KUNC) - A high profile challenge to plans by the city of Denver to regulate protesters during the Democratic National Convention gets its first legal test in court Tuesday morning. The Colorado chapter of the American Civil Liberties Union is suing the city and the Secret Service over designated parade routes and the so-called Free Speech zone. The ACLU contends that the zone does not provide protestors with fair access to delegates.

Groups including the feminist rights organization Code Pink and the American Indian movement are listed as co-plaintiffs in the ACLU lawsuit. In a 28 page pre-trial briefing, the plaintiffs allege there will be substantially less free speech and assembly in the city during the convention week than during the rest of the year.

Attorneys for the plaintiffs are expected to further argue Tuesday that security concerns and "speculative pronouncements of potential future threats are insufficient grounds to curtail free speech," according to the briefing.

"Protestors still have a right to be seen and be heard, to be within sight and sound of their intended audience, or the symbolic target of their message," said Mark Silverstein, legal director of the ACLU Colorado chapter.

At issue at Tuesday's hearing is whether the city's plans will enable protestors to be within sight and sound of the delegates entering and leaving the Pepsi Center. The city has created a free speech zone in a parking lot about 700 feet from the convention site and adjacent to where the media will be stationed.

Attorneys for the defendants are expected to argue that the Democratic convention is forcing the city and Secret Service to balance security concerns and free speech rights.

Katherine Archuleta, the mayor of Denver's liaison for convention planning, is expected to appear as a witness in the trial.

"We're going to support [the protestors] in being able to express those rights, but in the context of safety for not only for themselves, [but also for] others around them," Archuleta said.

The city will likely refer to other court rulings that require it to provide a forum for free speech during political conventions, but also to provide protection for Denver residents uninvolved in the convention.

The trial is expected to last three days. An expeditious ruling is likely to allow the losing side time to appeal before the convention begins on August 25. © Copyright 2009, KUNC