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posted ago by theedreport ago by theedreport +41 / -0

Except from a recent opinion by the Seventh Circuit Court of Appeals (I think Plaintiffs have a valid argument on the “pointed objects” ban):

The Democratic National Convention will be held in Chicago from August 19 through August 22, 2024.

Both the Chicago Police Department and the Secret Service have roles in protecting the persons attending the Convention or close to its venues. They have established security perimeters and issued lists of items that people will not be permitted to possess inside the perimeters.

The City’s list, enacted as part of an ordinance, comprises: • Laptops, Tripods, Monopods, and Selfie Sticks *If an invited guest arrives with a tablet, they will be redirected to the X-ray line for screening and then permitted entry with the tablet. • Large Bags and Suitcases exceeding size re- strictions (18” x 13” x 7”) • Sealed packages • Drones and other Unmanned Aircraft Systems • Animals other than service/guide dogs • Bicycles, Scooters, Folding Chairs, Balloons, Cool- ers • Glass, Thermal, or Metal Containers • Umbrellas with metal tips • Any pointed object(s), including knives of any kind • Aerosols, Tobacco Products, e-Cigarettes, Light- ers, Matches • Firearms, Ammunition, Fireworks, Laser Point- ers, Stun Guns, Tasers, Mace/Pepper Spray, Toy Weapons • Tents and Structures • Any Other Items Determined by Chicago Superintendent of Police, in consultation with the United States Secret Service and the Chicago Office of Emergency Management and Commu- nications, to be Potential Safety Hazards.

The Secret Service has its own list, which appears on the City’s web site: • Aerosols • Ammunition • Animals (other than service/guide animals) • Backpacks and bags exceeding size restrictions • Balloons • Bicycles • Coolers • Drones and other unmanned aircraft systems • Explosives • Firearms • Glass, thermal, or metal containers • Laser pointers • Mace/Pepper spray • Packages • Signs exceeding size restrictions (20’ x 3’ x ¼” ) • Structures • Supports for signs and placards • Toy guns • Weapons of any kind • Any other items determined to be a potential safety hazard

The three plaintiffs in this suit, who assert that they plan to participate in marches or protests at or near the Convention, contend that the City’s list is unconstitutionally vague.

The district court denied plaintiffs’ request for a preliminary injunction, and they appeal. Plaintiffs are particularly exercised by the reference to “pointed object(s)” in Chicago’s list. What about ballpoint pens, they ask? What about the buttons and badges that are ubiquitous at political conventions (and protest marches), and which often are secured with safety pins? Are they really going to be stripped of writing tools anywhere near the Convention—or, worse, arrested for the temerity of wearing buttons bearing political slogans?

Plaintiffs lost."