Two people who claim they were threatened with arrest for protesting President Donald Trump’s Muslim travel ban testified in federal court Wednesday that they were silently holding up signs at Denver International Airport and were not obstructing airport operations.
“I felt like I have a right to express my views and support people who need to be supported,” Nazli McDonnell testified in a hearing at Denver U.S. District Court seeking a preliminary injunction stopping Denver from enforcing its Rule 50 that requires protesters to obtain a permit seven days in advance of a protest.
McDonnell and Eric Verlo went to DIA two days after President Donald Trump’s Jan. 27 executive order restricting the travel and immigration of people from seven Muslim-majority countries to the U.S.
Federal judges around the country have enjoined the president from enforcing the ban.
But DIA’s chief operating officer Ken Green testified at the hearing that permitting restrictions are designed to ensure safety, avoid crowding that prevents passengers from meeting tight flight schedules and enables operations to run smoothly in a facility with 35,000 employees.
“It’s considered to be a controlled area. It is very very coordinated,” Green said. He added that he is not aware of any permit request ever being rejected.
McDonnell said that on Sunday, Jan. 29, she feared that she would be arrested after being warned by a Denver police sergeant that she was not allowed to demonstrate without a permit.
“I thought it was wrong and decided to stay,” McDonnell testified. “I don’t appreciate being threatened with arrest when I am just standing there holding a sign. If I wanted to go to a country with no First Amendment rights I would go back to my home country of Turkey and be arrested for talking.”
Sshe and Verlo ended their protest after a few hours. Verlo testified that he wanted to welcome people arriving at the airport from international destinations and protest President Donald Trump’s travel ban for Muslims. He said his sign had a welcoming theme.
But under cross examination, he acknowledged that his sign said, “First they came for the Muslims and we say not today mother ——.”
Other witnesses testified that DIA has allowed them to chant, play loud instruments including bagpipes and display large welcome home banners without being forced to obtain permits.
Hundreds of protesters also went to DIA the day after Trump’s travel ban was issued. When protesters arrived at Jeppesen Terminal around 5 p.m. on Jan. 28, Denver police told them to leave because they did not have a permit. The group asked for a permit but did not make a formal application, Denver civil rights attorney David Lane said.
“This case represents an important piece of the fight against the increasing attacks on the First Amendment that have begun to trickle down from the President to local levels of government,” civil rights attorney Andrew McNulty said in a statement.
Green also testified that one reason for the permitting process is to ensure protesters understand airport restrictions including the need to restrict noise so that passengers can hear all airport public announcements. Protesters at the unauthorized Trump protest used a bullhorn and there were as many as 200 people in the area where travelers meet family or friends.
“Passengers need the ability to navigate unencumbered,” Green said.