[Shadow_Group] Fw: SOA Watch Victory Against Metal Detectors and Illegal Searches!!

[shadowgroup-l at lists.resist.ca]

October 16, 2004

SOA WATCH VICTORY AGAINST METAL DETECTORS AND ILLEGAL SEARCHES:
THE 11TH CIRCUIT COURT UPHOLDS THE CONSTITUTION!

COURT RULES THAT SEARCH POLICY VIOLATES FIRST AND FOURTH AMENDMENTS

In November of 2002, a week before SOA Watch's annual gathering at the
gates of Fort Benning, the city of Columbus instituted a policy requiring
anyone who wished to participate in the SOA Watch vigil to submit to a
metal detector search at a checkpoint staffed by Columbus police.

SOA Watch immediately sought a temporary restraining order and a
preliminary injunction, alleging that the searches violated individuals'
First and Fourth Amendment rights. Two days later, Bush-administration
appointee Judge Clay Land dismissed the complaint, effectively upholding
the illegal searches. SOA Watch then appealed to the Eleventh Circuit
Court.

YESTERDAY, OCTOBER 15, 2004, THE COURT RULED UNANIMOUSLY THAT THE COLUMBUS
CITY SEARCH POLICY AT THE SOA WATCH PROTEST SITE VIOLATES THE FIRST AND
FOURTH AMENDMENTS TO THE CONSTITUTION AND THAT PROTESTERS GATHERING THIS
YEAR MAY NOT BE REQUIRED TO PASS THROUGH METAL DETECTORS TO ENTER THE
RALLY SITE.

"We cannot simply suspend or restrict civil liberties until the War of
Terror is over, because the War on Terror is unlikely ever to be truly
over," Judge Gerald Tjoflat wrote for the three-member court. "Sept. 11,
2001, already a day of immeasurable tragedy, cannot be the day liberty
perished in this country."

Since September 11, we have seen a dramatic increase in attacks on civil
liberties, including the unconstitutional limiting of the ability of
citizens to peaceably assemble and "to petition the government for redress
of grievances." This ruling has far-reaching implications and importance
not only for SOA Watch but also for all of us struggling to uphold human
rights and civil liberties.

It is more important than ever that we gather again this year at the gates
of Fort Benning! We must continue to exercise and uphold these
Constitutional rights. Join us November 19-21 to stand up for human
rights, for civil liberties, for justice!

Find out more about this November's gathering:
http://www.soaw.org/new/article.php?id=763<http://www.soaw.org/new/article.php?id=763>

Read the Associated Press article about the ruling:
http://www.soaw.org/new/newswire_detail.php?id=539<http://www.soaw.org/new/newswire_detail.php?id=539>

Read the ruling by the Eleventh Circuit Court:
http://www.ca11.uscourts.gov/opinions/ops/200216886.pdf<http://www.ca11.uscourts.gov/opinions/ops/200216886.pdf>


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