Demonstrators oppose ban on gatherings

Demonstrators opposing the governor's stay-at-home orders claimed in a lawsuit Monday their constitutional rights were infringed when they were denied a permit to protest at the State Capitol.

"In times of crisis, governments often seek to curtail fundamental constitutional rights, such as the right to assemble and petition the government," said one of the plaintiffs' lawyers, D. Gill Sperlein. "It is precisely at these times that those rights become the most important."

The lawsuit was filed by Sperlein of the Law Office of D. Gill Sperlein and Harmeet K. Dhillon, Mark P. Meuser and Gregory R. Michael of The Dhillon Law Group.

Sacramento resident Ron Givens and 6th congressional district candidate Christine Bish said they planned to demonstrate over the state's "failure to process background checks for those who purchase firearms," and the extent and duration of the stay-at-home orders.

Gov. Gavin Newsom's bans on public gatherings don't make exceptions for First Amendment activities such as in-person peaceful protests while allowing "services to continue provided by coffee baristas, restaurant workers and laundromat technicians," the lawsuit states. Ron Givens v. Gavin Newsom, et al. 2:20-AT-00412 (E.D. Cal., filed April 27, 2020).

Those deemed by the government to be carrying out essential services are permitted to do so, despite the fact they're facing the same public health risks, the lawsuit argued.

Dhillon made a similar argument last week in a complaint seeking to allow churches the same gathering rights as businesses that have been deemed essential.

The California Highway Patrol issued a statement April 22 saying, "In the interest of public safety and the health of all Californians during the COVID-19 pandemic, effective immediately the California Highway Patrol will deny any permit requests for events or activities at all state facilities, to include the State Capitol, until public health officials have determined it is safe to gather again."

Bish attended a rally at the Capital on April 20, when she said she saw CHP officers among the crowd not wearing protective masks. She applied for a permit to hold a rally at the Capitol next week, which was denied, according to the lawsuit.

Givens also sought a permit last week to hold a rally at the Capitol grounds to criticize the delay of background checks for gun purchasers. His permit was denied by the California Highway Patrol, who told him Newsom prohibited any permits to be issued for protests, the lawsuit states.

Both Givens and Bish argued participants would practice physical distancing rules, wear masks and leave ample room around the Capitol for others. The lawsuit seeks a temporary restraining order and injunctive relief to prohibit the state's enforcement of the bans on political gatherings protected by the First Amendment.

"At a time when Californians are rightfully questioning the duration and extent of the stay-at-home orders, which are unevenly enforced and which have resulted in other Constitutional challenges, Governor Newsom has reacted to citizen protests by not addressing widespread concern, but simply by shutting down protests at the Capitol altogether, making no reasonable accommodations for this fundamental function in a free society," Dhillon said. She added her firm is only representing Bish in her capacity as a private citizen, not a political candidate.

Dhillon has in the last few weeks filed several constitutional challenges to Newsom's orders on behalf of restaurateurs, dog groomers and church pastors.

Representatives for Newsom and Becerra could not be reached for comment by press time.