Connecticut State Police Settle Lawsuit, Revise Protest Guidelines

A federal lawsuit alleging violations of the First Amendment by the Connecticut State Police has concluded with a settlement agreement. This lawsuit stemmed from the police’s actions during multiple anti-Trump protests on highway overpasses in 2022. The agreement, revealed on March 14, 2023, between the state police and the American Civil Liberties Union of Connecticut (ACLU), mandates new guidance for officers on managing protests in these areas.

The settlement stipulates that state police will cease dispersing demonstrations on highway overpasses, addressing concerns raised about driver distraction. Dan Barrett, legal director of the ACLU Foundation of Connecticut, stated, “We are glad that the state police will now stop breaking up demonstrations based on claims of driver distraction. This is an important win for protest rights at a critical time when such freedoms are under increasing pressure across the country.”

Settlement Details and Implications

The agreement was facilitated by Stefan Underhill, the federal judge overseeing the case, who noted that both parties were close to a resolution. The settlement includes provisions prohibiting the state police from using charges such as trespassing or breach of peace to disrupt peaceful assemblies on sidewalks. Additionally, it bars officers from using these charges to identify or detain demonstrators.

However, the agreement does not extend protections to individuals inciting “imminent unlawful action” or those engaging in “fighting words.” It also specifies that individuals affixing signs to overpass fences or dropping items onto highways do not receive these protections.

Following the announcement, the state police issued a statement indicating their commitment to ensuring public safety while respecting citizens’ First Amendment rights. They expressed appreciation for the collaborative efforts with the ACLU on these significant issues.

Background of the Lawsuit

The lawsuit was initiated in September 2022 on behalf of Connecticut residents Erin Quinn and Robert Marra, both activists with the Visibility Brigade. They reported being harassed and threatened with prosecution by state troopers while protesting against then-President Donald Trump and his administration’s policies on overpasses along Interstate 91.

Visibility Brigade is a network of activist groups across Connecticut and the United States, advocating for various social issues. The lawsuit highlighted that over a dozen protesters received tickets and were told they could not hold signs over highway overpasses. The police cited concerns over driver distraction and claimed that demonstrators were trespassing on state property.

The case gained further attention when Katherine Hinds, a 72-year-old activist, was arrested twice in connection with these protests. Her arrests were described as the “last straw” in a series of escalating tensions between police and demonstrators. The subsequent charges against her, including breach of peace and trespassing, were dismissed in court.

Hinds expressed her relief and gratitude regarding the settlement, stating, “I’m mostly thrilled that, in the Constitution State, a ruling came down where both sides agreed that our First Amendment rights are paramount.”

ACLU leadership highlighted the importance of this agreement as a reinforcement of constitutional protections. David McGuire, executive director of the ACLU of Connecticut, remarked, “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.”

In closing, the Connecticut State Police have encouraged demonstrators to limit their activities to sidewalk areas, emphasizing the need for safety while exercising their rights to peaceful protest.