On September 21, 2009, two climate and environmental justice nonprofits filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania under 42 U.S.C. § 1983 against the City of Pittsburgh. The plaintiff, represented by the local American Civil Liberties Union, Center for Constitutional Rights, and private counsel, asked the court for injunctive relief, claiming that City of Pittsburgh officials violated their First Amendment rights to free speech and assembly. Specifically, the plaintiffs claimed that the City of Pittsburgh officials deliberately adopted a strategy to harass, intimidate, discourage and ultimately prevent the plaintiffs from exercising their First Amendment rights to free speech and assembly during the International Coal Conference and the G-20 Summit in Pittsburgh during the week of September 20, 2009.

One of the two non-profits wanted to provide a 24-hour-a-day camp in a downtown park demonstrating a sustainable lifestyle from September 20 to 25, 2009. The second non-profit wanted to provide food to demonstrators, and also serve as a model for sustainable living from September 19 through 26, 2009. Both plaintiffs claim that defendants' actions rendered them unable to demonstrate, silenced their political message about global climate change, and caused them to suffer emotional distress.

On September 22, 2009, the District Court (Judge Gary L. Lancaster) denied the plaintiffs' motion for a temporary restraining order. On May 25, 2010, the Court dismissed all claims except for four claims related to demonstration permits, confiscated materials, and detention of members. The Third Circuit Court of Appeals dismissed the claims by one plaintiff against two of the officers on December 21, 2011.

The parties settled the case and filed a stipulation of dismissal on October 12, 2012, which the Court entered the same day. According to the ACLU's news, the City of Pittsburgh agreed to pay $143,000 to settle the claims.

Louisa Eberle - 10/14/2013


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