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Birmingham's ban on peaceful protests is unconstitutional, civil rights group says


Protest and march for George Floyd in downtown Birmingham (abc3340){p}{/p}
Protest and march for George Floyd in downtown Birmingham (abc3340)

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A civil rights group is calling Birmingham's amended curfew order unconstitutional for banning protests.

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On June 2, Birmingham Mayor Randall Woodfin announced an amended order to the city's curfew that will ban "any demonstration, parade, march, or vigil on any of the public ways or upon any public property, including the public parks of this city."

ACLU of Alabama released a statement Wednesday calling the ban of protests unconstitutional and government overreach.

Banning all demonstrations, marches, vigils, or parades is government overreach, plain and simple. It is unconstitutional to retaliate against protesters by banning future protests because of past protest activity. Assuming that because some property destruction occurred over the weekend and in other cities does not mean that government officials can assume future protests will be the same and ban them. Birmingham has a long and important history of protest, not all of which was nonviolent, but that was an integral part in paving the way for civil rights advancements for Black people in Alabama and across the country. It is unfortunate that Mayor Woodfin has chosen to utilize the police force now to protect property instead of supporting the call for accountability and justice for violence committed by the police. We strongly urge Mayor Woodfin to reconsider this ill-advised order and respect the constitutional right of his constituents to protest.

Birmingham Mayor Randall Woodfin declared a state of emergency and curfew for the city on Monday, in place from 7:00 P.M. to 6:00 A.M. until further notice.

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The mayor said it was implemented to prevent the kind of violence seen in Sunday nights riots.

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