A judge-imposed condition that required about a dozen protesters arrested this month by federal officers to not participate in any public demonstrations or public assemblies while on release is expected to be dropped, prosecutors and public defenders said Wednesday.
Since early July, federal prosecutors have routinely asked judges to adopt other conditions before the defendants can be released pending trial: a curfew from either 8 or 10 p.m. until 6 a.m. and geographical limits that require them not to come within a five-block radius of the federal courthouse unless for official court business.
But U.S. Magistrate Judge John V. Acosta added the no-protest provision when a defendant balked at the proposed curfew, prohibiting the person from attending any protests, rallies or public assemblies while on release.
Another magistrate judge, Jolie A. Russo, followed suit, according to attorneys familiar with the cases.
All agree it’s unconstitutional. Oregon’s U.S. Attorney’s Office is joining with federal public defenders to ask that the condition be modified to a less restrictive one.
Nora Benavidez, a spokeswoman from PEN America, a nonprofit organization that celebrates literature and free expression, said any restrictions “forcing First Amendment-abiding protesters to sign away their right to demonstrate to be released” were “gross violations” of free speech and assembly. Her statement came in response to a ProPublica story Tuesday on the conditions imposed.
Prosecutors from the U.S. Attorney’s Office didn’t seek the protest prohibition, according to spokesperson Kevin Sonoff. “The additional restrictions were added by the court,” he said.
Oregon Federal Public Defender Lisa Hay said judges have invited lawyers for the defendants involved to modify the condition.
“I agree the condition is unconstitutional as written,” Hay said.
Prosecutors said it won’t be a condition on any of the cases going forward.
A less restrictive condition would bar defendants from being within a five-block radius of the federal courthouse during the hours of 10 p.m. to 6 a.m., Hay said.
On Wednesday, Acting Homeland Secretary Chad F. Wolf said there had been 94 arrests by federal officers during nightly protests in Portland to protest police violence and racial injustice.
As of Wednesday morning, federal officers had made 86 total arrests, resulting in 63 pending criminal cases and 3 citations, according to Oregon’s U.S. Attorney’s Office. Charges have included arson and attempted arson, assault on a federal officer, operating a drone in restricted airspace, stalking and harassing federal officers and failing to comply with a federal order.
-- Maxine Bernstein
Email at mbernstein@oregonian.com; 503-221-8212
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