Arrested Bush protesters seek help from courts

updated 11:09 p.m. ET July 22, 2006

CEDAR RAPIDS, Iowa - When school was canceled to accommodate a campaign visit by President Bush, the two 55-year-old teachers reckoned the time was ripe to voice their simmering discontent with the administration's policies.

Christine Nelson showed up at the Cedar Rapids rally with a Kerry-Edwards button pinned on her T-shirt; Alice McCabe clutched a small, paper sign stating "No More War." What could be more American, they thought, than mixing a little dissent with the bunting and buzz of a get-out-the-vote rally headlined by the president?

Their reward: a pair of handcuffs and a strip search at the county jail.

Authorities say they were arrested because they refused to obey reasonable security restrictions, but the women disagree: "Because I had a dissenting opinion, they did what they needed to do to get me out of the way," said Nelson, who teaches history and government at one of this city's middle schools.

"I tell my students all the time about how people came to this country for freedom of religion, freedom of speech, that those rights and others are sacred. And all along I've been thinking to myself, 'not at least during this administration.'"

Their experience is hardly unique.

In the months before the 2004 election, dozens of people across the nation were banished from or arrested at Bush political rallies, some for heckling the president, others simply for holding signs or wearing clothing that expressed opposition to the war and administration policies.

Similar things have happened at official, taxpayer-funded, presidential visits, before and after the election. Some targeted by security have been escorted from events, while others have been arrested and charged with misdemeanors that were later dropped by local prosecutors.

Now, in federal courthouses from Charleston, W.Va., to Denver, federal officials and state and local authorities are being forced to defend themselves against lawsuits challenging the arrests and security policies.

While the circumstances differ, the cases share the same fundamental themes. Generally, they accuse federal officials of developing security measures to identify, segregate, deny entry or expel dissenters.

Jeff Rank and his wife, Nicole, filed a lawsuit after being handcuffed and booted from a July 4, 2004, appearance by the president at the West Virginia Capitol in Charleston. The Ranks, who now live in Corpus Christi, Texas, had free tickets to see the president speak, but contend they were arrested and charged with trespassing for wearing anti-Bush T-shirts.

"It's nothing more than an attempt by the president and his staff to suppress free speech," said Andrew Schneider, executive director of the ACLU of West Virginia, which is providing legal services for the Ranks.

"What happened to the Ranks, and so many others across the country, was clearly an incident of viewpoint discrimination. And the lawsuit is an attempt to make the administration accountable for what we believe were illegal actions," Schneider said.

In Cedar Rapids, McCabe and Nelson are suing three unnamed Secret Service agents, the Iowa State Patrol and two county sheriff deputies who took part in their arrest. Nelson and McCabe, who now lives in Memphis, Tenn., accuse law enforcement of violating their right to free speech, assembly and equal protection.

The two women say they were political novices, inexperienced at protest and unprepared for what happened on Sept. 3, 2004.

Soon after arriving at Noelridge Park, a sprawling urban playground dotted with softball diamonds and a public pool, McCabe and Nelson were approached by Secret Service agents in polo shirts and Bermuda shorts. They were told that the Republicans had rented the park and they would have to move because the sidewalk was now considered private property.

McCabe and Nelson say they complied, but moments later were again told to move, this time across the street. After being told to move a third time, Nelson asked why she was being singled out while so many others nearby, including those holding buckets for campaign donations, were ignored. In response, she says, they were arrested.

They were charged with criminal trespass, but the charges were later dropped.

A spokesman for the Secret Service declined to comment on pending litigation or answer questions on security policy for presidential events. White House spokesman Alex Conant also declined to comment, citing the ongoing litigation.

But Justice Department lawyers, in documents filed recently in federal court in Cedar Rapids, outline security at the rally and defend the Secret Service agents' actions.

MORE FROM LIFE

Life Section Front

Who runs Kansas City — mayor or his wife? Report: Ignored patient could've been saved Van driver headed to Nobel ceremony   Landmark West Hollywood strip club burns School bus kills NYC high school freshman Life Section Front   Add Life headlines to your news reader: