RNC protest route

This photo was taken from along Cleveland's official protest route for the Republican National Convention, at the corner of Carnegie and Ontario avenues, which is about one-third of a mile from the arena and represents the route's closest point to the arena. A federal judge on Thursday overturned restrictions put in place to confine demonstrations during the RNC.

(Mark Naymik, cleveland.com)

U.S. District Judge James Gwin

CLEVELAND, Ohio -- A federal judge on Thursday scrapped the city of Cleveland's plans for a heightened-security zone that would have encompassed most of downtown during the Republican National Convention, saying that the restrictions are burdensome to people who want to express their free-speech rights.

U.S. District Judge James Gwin's ruling comes 25 days before Republican delegates and leaders will descend upon Cleveland and forces the city to redraw the boundaries to the so-called "event zone," which would have encompassed a 3.5-square-mile area at the heart of the city.

The city indicated it would appeal the judge's order, but the executive director of the American Civil Liberties Union of Ohio, which brought the lawsuit, said the organization's attorneys are now negotiating at the judge's behest to come up with a compromise because of the short timeframe.

Gwin made his ruling orally, following a hearing. He said a written opinion would follow.

In his comments, the judge attacked several aspects of the event zone and the accompanying restrictions, which the city announced late last month:

* He said the size of the event zone, is "unduly large." It was drawn to go from from West 25th Street to Innerbelt, and from the lake south to the corridor between Orange Avenue and East 22nd Street. It all surrounded the Quicken Loans Arena, where the convention will be held and will be part of an area with even more security.

* He said the parade route is unconstitutionally insufficient. It was to begin at the west end of the Lorain-Carnegie bridge, heads east toward downtown before turning right on Ontario Street, near Progressive Field, and under Interstate 90 before ending at East 9th Street.

* The judge said the times at which people can hold parades, which is only for a few hours each day of the convention and not during the hours in which the delegates are expected to be downtown, are problematic.

"And I don't mean to suggest the city can't control the time and the parade routes, but I think the restriction to this Lorain-Carnegie Bridge, at times when delegates are almost invariably not going to be present, is an insufficient opportunity for First Amendment purposes.," the judge said.

* Gwin said there are "constitutional problems with the use of the parks." Currently, protesters are limited to applying for permits to use an official "speaker's platform at Public Square," or to set up installations or "public art at two downtown parks. The city has said the RNC has reserved the other nearby parks for convention-related events.

ACLU of Ohio executive director Christine Link praised the judge's ruling. She said "the clock is ticking" before the convention -- which will take place July 18-21 -- and hopes that the city and the ACLU can come to an agreement on a new event zone. Gwin had suggested the city and ACLU negotiate to avoid further litigation.

Negotiations are being handled by U.S. District Judge Dan Polster, who is known for his ability to broker settlements.

"A negotiated settlement is way better," Link said, adding that she did not think the case would be resolved on Thursday.

Cleveland spokesman Dan Ball said that city officials are evaluating their options.

It was clear that Gwin, who was appointed to the bench by President Bill Clinton in 1997, had Wednesday's parade to celebrate the Cleveland Cavaliers' Game 7 win in the NBA finals on his mind.

Gwin asked city attorney Stewart Hastings how many people were downtown for the parade. Hastings smiled and said "1.3 million, your honor," though Cuyahoga County estimated that a million people attended.

When asked how many people would come to Cleveland for the RNC, he estimated between 50,000 and 100,000 people.

Hastings differentiated the groups, though, by saying that "a celebration of happy fans is very different than the people I expect to come to Cleveland for the Republican National Convention."

The city maintained its previous assertion that the event zone it created was to ensure security for people coming downtown. Hastings said that the convention is an "ideal target for international and domestic terrorists" and that despite that, the restrictions it had sought to impose were among the least stringent of any recent political convention.

The judge seemed skeptical on how allowing a march downtown or allowing demonstrators to use several city parks poses a security concern.

"If you've got a park that's a distance from The Q, why would you want to restrict that?" the judge asked.

Gwin also questioned the inability for those who want to hold parades on other streets, such as Carnegie Avenue, and how delegates would be able to see the protesters on the bridge.

Hastings argued that the city needs routes to ensure those who need medical help can get to University Hospitals.

When pressed on why the road was shut down for the Cavs' parade, though, Hastings said that there were other side roads that were used during Wednesday's festivities.

The ACLU, in its lawsuit filed last week, represented Citizens for Trump, Organize Ohio and the Northeast Ohio Coalition for the Homeless, which are planning to demonstrate and march at the convention.

The city on Monday denied a request to march along a route leading toward downtown from the city's East Side. The group says the route will symbolically highlight the 50th anniversary of the race-related riots in Cleveland's Hough neighborhood. It also denied a request from Citizens for Trump to hold a rally at a city park.

ACLU of Ohio legal director Freda Levenson said at the hearing that it was administratively appealing the city's denials.

The ACLU on Thursday also sued the city of Philadelphia over protester restrictions.

Cleveland.com reporter Andrew J. Tobias contributed to this report.