Peace activists twice denied city permits to march on Michigan Avenue on the second anniversary of the Iraqi invasion filed a federal lawsuit Tuesday seeking to reverse the denials.
The suit, filed by the Chicago Coalition Against War and Racism, also seeks to declare unconstitutional and overturn the city’s permit appeal process, which requires a hearing before the Mayor’s License Commission before an appeal in court.
“They have an in-house judicial procedure that is not impartial and that has to be overturned,” said Charles Nissim-Sabat, a coalition attorney.
“We would certainly disagree that the license commission is not an impartial body,” said Jennifer Hoyle, spokeswoman for the city’s Law Department, which had yet to see the suit.
Claiming 1st and 14th Amendment violations, the coalition alleged the city denied a permit for the March 19 protest march because it “disfavors the content of the coalition’s speech.” By contrast, the city approves each year a permit for the Greater North Michigan Avenue Association’s Festival of Lights Parade, a holiday season kickoff celebration on North Michigan Avenue, the suit stated.
“The city can’t be picking and choosing which free-speech messages get heard on Michigan Avenue and which ones don’t,” said Andy Thayer, a plaintiff in the case.
The suit also alleges the city did not provide an alternate route of “comparable public visibility,” as required by city ordinance when a permit is denied. The city offered a Clark Street route, but peace activists said Clark, which they used last year after a prior permit denial, offers far less visibility.
