Kane County Officials Asked to Protect First Amendment Rights of Rapid Response Observers Monitoring Activities at Justice Center in St. Charles

CHICAGO – Top officials in Kane County are being asked to reassure the public that a recently announced Order setting guidelines for protest activities around the County Justice Center in St. Charles does not violate the First Amendment rights of local residents and activists. For months, rapid response observers have been monitoring immigration enforcement by federal officials at the Justice Center. The Order – issued by the Chief Judge Robert Villa in late June – places a number of restrictions on speech and singles out speech “concerning immigration enforcement” or other law enforcement as the object of the Order.

The letter, sent to the Chief Judge, Jamie Mosser the Kane County State’s Attorney, and Undersheriff Amy Johnson, notes that the Order raises fundamental constitutional questions. The letter was authored by Rebecca Glenberg, Chief Litigation Counsel for the First Amendment at the ACLU of Illinois.

The ACLU of Illinois notes that some observers have faced questioning by County officials, ID and license plate checks by sheriff’s deputies and other intrusive activity. The ACLU of Illinois details the well-established First Amendmen protection of the following activities:

• Sitting in a car in the parking lot to observe potential ICE activities;
• Walking around the parking lot to detect ICE vehicles;
• Taking photos or video in the parking lot of ICE license plates or license plate covers;
• Taking photos or video of ICE activity;
• Approaching and speaking to ICE officers, and recording such exchanges;
• Approaching and speaking to individuals detained by ICE, and recording such exchanges;
• Approaching and speaking to sheriff’s deputies, and recording such exchanges; and
• Distributing literature in the parking lot and elsewhere on Judicial Center grounds.

It further asks the officials to confirm that the Order does not prohibit these activities so long as they do not physically interfere with law enforcement activity or pedestrian or vehicular access to facilities. Finally, the ACLU of Illinois also seeks confirmation that a plaza area directly in front of the courthouse – on which at least one organization has been permitted to put up tables and distribute literature on Wednesday of each week – is a “traditional public forum” that allows individuals or small groups to engage in protest and other speech as long as they do not interfere with people entering or exiting the building.

“Government at any level cannot attempt to limit speech with which they disagree of find inconvenient. We hope that these activists may continue observing and documenting government actors without interference.”

A copy of the letter can be found here.