STATE AG PUSHES FOR COURTHOUSE BAN
The state attorney general seeks to protect the “dignity” of Denver’s courthouse.
Demonstrations, protests and other gatherings are at stake.
The Colorado attorney general and the state’s 2nd Judicial District want a permanent ban on demonstrations, protests and other gatherings outside Denver’s courthouse.
The prohibition would be in direct opposition to Denver officials, who have allowed the Lindsey-Flanigan courthouse plaza to host public gatherings since it was built in 2010. And it gives credence to a federal judge’s observation that a “minor turf war” has developed over control of the courthouse grounds.
Assistant Attorney General Matthew Grove told a federal judge Tuesday that he wants a recent order from 2nd Judicial District Chief Judge Michael Martinez banning protests to stand.
“There is still a need to have a standing order to maintain the decorum and dignity of the LindseyFlanigan courthouse,” Grove said.
The state’s intent to seek a permanent prohibition on demonstrations was established Tuesday during a hearing before U.S. District Judge William Martinez, who is of no relation to the state court judge. The federal judge was listening to evidence in a dispute between Denver police and activists over the distribution of jury nullification pamphlets outside the courthouse.
The 2nd Judicial District was included in a federal civil rights lawsuit filed in August after its chief judge issued an order barring demonstrations outside the courthouse. The lawsuit was filed by Denver attorney David Lane on behalf of activists, who had been charged with jury tampering by Denver prosecutors after they handed out the nullification pamphlets.
The activists said their First Amendment rights had been violated and asked a federal judge for an injunction allowing them to continue their campaign.
At the time, a state court security officer testified about concern over the possibility of violent protests should Dexter Lewis receive the death penalty for killing five people in 2012 at Fero’s Bar & Grill. Lewis, however, was sentenced to life in prison.
On Tuesday, the federal judge appeared surprised that state officials wanted to continue the ban on courthouse demonstrations.
William Martinez reminded Grove that earlier testimony indicated the prohibition was in place because of security concerns surrounding the Lewis trial. He also recalled testimony from a Denver police commander that no prior demonstrations had caused violence or other public safety concerns.
But Grove stood his ground, saying the 2nd Judicial District in-
tended for the order to remain in place.
Grove declined to comment after the hearing, referring calls to Roger Hudson, the spokesman for state Attorney General Cynthia Coffman. Hudson also declined to comment, citing pending litigation.
The order barring the protests is similar to a prohibition put in place in the 18th Judicial District in January in anticipation of the Aurora theater shooting trial. That order, which in- cludes courthouses in Arapahoe, Douglas, Elbert and Lincoln counties, stands.
Denver City Attorney Scott Martinez already has publicly stated the area should remain open for protests. He reiterated that point Tuesday in an e-mail to The Denver Post.
“The plaza is a public forum,” he wrote. “The City is committed to ensuring that all members of the public are able to use it within the confines of the law.”
For the time being, the federal judge’s injunction allows courthouse demonstrations to continue in Denver.
Meanwhile, the federal judge said he would decide within a few days whether Denver police violated his injunction when they seized a shade canopy, table, chairs and banners set up by activists. He also must decide whether police confiscated the jury nullification pamphlets, which previously were deemed protected free speech.
If the federal judge agrees that police acted wrongly, he can find the department in contempt of court.