Connecticut State Police Settle ACLU Lawsuit on Protest Rights

A settlement has been reached in a federal lawsuit involving the Connecticut State Police and the American Civil Liberties Union of Connecticut (ACLU). The lawsuit alleged that police violated the First Amendment rights of demonstrators during anti-Trump protests on highway overpasses and bridges last year. The agreement, announced recently, mandates new directives for state troopers on managing protests, particularly those occurring on elevated roadways.

The terms of the agreement stipulate that state police will cease the practice of dismantling demonstrations based on claims of driver distraction, as explained by Dan Barrett, legal director of the ACLU Foundation of Connecticut. “This is an important win for protest rights at a critical time when such freedoms are under increasing pressure across the country,” Barrett stated.

Details of the Settlement

The settlement emerged under the guidance of Stefan Underhill, the federal judge overseeing the case. He noted that both parties had similar positions and encouraged them to collaborate on a resolution. The agreement includes critical protections for demonstrators, stipulating that police cannot use charges such as trespassing or disorderly conduct to disrupt peaceful assemblies on sidewalks.

While the settlement enhances protections for demonstrators, it does not extend to those who engage in unlawful actions or who endanger public safety by obstructing traffic or dropping objects from overpasses. The Connecticut State Police indicated they would implement further training for officers to ensure compliance with the new guidelines, emphasizing their commitment to maintaining both public safety and First Amendment rights.

The lawsuit originated in September 2022, led by Katherine Hinds, a 72-year-old activist, along with fellow members of the Visibility Brigade. Hinds and others alleged they faced harassment and threats of prosecution while protesting against former President Donald Trump and Elon Musk on Interstate 91. The activists claimed they were using public sidewalks but were confronted by officers citing concerns over driver distraction.

Impact and Reactions

The settlement has been hailed as a significant victory for activists. A spokesperson for the Visibility Brigade expressed optimism that this ruling could serve as a nationwide precedent, reinforcing the importance of First Amendment protections. Hinds, who described her reaction to the agreement as “relieved, excited, grateful,” underscored the importance of the ruling in the state known as the “Constitution State.”

ACLU executive director David McGuire commented on the broader implications of the settlement. He stated, “This settlement is an important win for the right to protest at a time when we have witnessed that freedom come under attack across the country.”

The Connecticut State Police expressed gratitude to the ACLU for their collaboration on the agreement, which aims to balance safety and constitutional rights. They encouraged demonstrators to conduct protests responsibly and within designated areas to ensure safety for all involved.

This agreement marks a pivotal step in affirming the rights of activists in Connecticut, providing a framework that respects both public safety and the fundamental right to peaceful assembly.