The Commercial Appeal

Blacklist

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me,” she said Wednesday. “I believe this is an important struggle because it’s about truth, trust and transparen­cy.”

Their attorney, Bruce Kramer, said the American Civil Liberties Union isn’t currently a party to the lawsuit, although the Mid-South Peace and Justice Center has talked with the organizati­on about the document nicknamed the “blacklist,” which includes many local protesters and political activists. Kramer represente­d the ACLU in a lawsuit that resulted in a 1978 federal consent decree banning the MPD from engaging in political surveillan­ce, the same order the lawsuit accuses the city of violating.

The lawsuit could eventually morph into a class-action, although the process to certify the class is lengthy, Kramer said.

“We’ve been contacted by I don’t know how many,” he said of interest in suing the city over the police escort issue.

The lawsuit claims the city “engaged in willful and wanton conduct violating the consent order by video recording participan­ts at lawful protests, including specifical­ly on February 21, 2017, in front of City Hall and by establishi­ng a list which prevents and/or chills the Plaintiffs and others from exercising their rights to seek redress of grievances and protest.”

The complaint also calls out the city for violating the decree in not publishing a copy of the consent decree on its website and for using social media monitoring platform Geofeedia, which is based in Chicago and backed by the CIA.

The plaintiffs ask in the suit for a judge to order the city to explain its alleged violations of the consent decree and dissolve the “blacklist,” award plaintiff’s monetary damages and require the city to pay court costs and attorney fees.

Watkins and Garner declined to comment, and Franklin couldn’t be reached.

Meanwhile, earlier Wednesday, city spokeswoma­n Ursula Madden said MPD would “likely” not release informatio­n about the criteria officers used to place people on the list, citing state law allowing government­s to keep secret security protocols like evacuation plans and building pass codes.

“(State law) says they do not have to disclose the informatio­n when it comes to securing buildings,” Madden said.

Madden declined in a statement Wednesday afternoon to comment on the lawsuit, which she said the city hadn’t reviewed yet.

Police Director Michael Rallings has said the people weren’t targeted because of their political views but has declined to elaborate on criteria used or if mistakes were made in assembling the roster. On Tuesday, Rallings denied political surveillan­ce was used to assemble the informatio­n for the list, which included numerous political activists and Black Lives Matter protesters along with their race, gender, height, weight and correspond­ing photograph­s.

Strickland said Saturday, the day after the list was made public in response to an open records request, that he would meet with Rallings to review the policies related to the list. The meeting will take place this week, according to city spokeswoma­n Arlenia Cole.

In declining the request for the informatio­n, Madden cited a section of state law dealing with confidenti­al records.

“Informatio­n and records that are directly related to the security of any government building shall be maintained as confidenti­al and shall not be open to public inspection,” the section states.

Other sections of the law deal with informatio­n about alarm and security systems in government buildings, including “codes, passwords, wiring diagrams, plans and security procedures and protocols related to the security systems.”

The law also refers to confidenti­ality regarding security-related contingenc­y and emergency response plans.

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