ACLU Asks Court To Dismiss DeGise Suit Against Protestors

NEWARK, NJ —The American Civil Liberties Union of New Jersey filed a brief Friday on behalf of protestors it said are having their First Amendment rights suppressed by an ongoing lawsuit filed by Hudson County Executive Thomas DeGise.

The ACLU has argued that the lawsuit, DeGise v. Torres, will make permanent protest restraints that severely undermine constitutional rights by limiting the right of free speech, right to assembly and right to petition the government, and the organization is asking the Superior Court of New Jersey to dismiss the case.

The case stems from December 2020, when protestors gathered outside of DeGise's Jersey City home to voice their opposition to the county holding people in jail on behalf of U.S. Immigration and Customs Enforcement (ICE). The ACLU said law enforcement officers described the protest as "peaceful" and “"calm."

But in response the protest, Hudson County representatives sued protestors and a temporary restraining order was issued, which subjected protestors to the following restraints:

• Protests can occur only between 7 p.m. and 8 p.m. once every two weeks.
• Protesters have to provide 24 hours notice to law enforcement, including the Hudson County Sheriff's Office, prior to protesting.
• Protesters cannot come within 200 feet of the commissioners' homes, and for County Executive DeGise they are relegated to a specific street corner in Jersey City that is out of sight from the county executive's residence.
• Demonstrations are restricted to 10 people.

The restraining order was cited in the arrest of four protesters gathered in DeGise's neighborhood a few days later.

In April, the ACLU filed a response brief claiming DeGise and five county commissioners violated protesters' First Amendment rights with the temporary restraining order. The ACLU sought to have the restraining order dissolved and the case against the protesters dismissed.

Since then, the county commissioners have voluntarily dismissed their charges against the protestors, and the county has announced it will no longer contract to hold people on behalf of ICE in its jail.

However, DeGise remains the sole plaintiff in the lawsuit and, according to the ACLU, he is asking the court to make the existing restraints on protesters permanent.

But now, in its recent brief, the ACLU has asked the superior court to vacate the current restrictions on protest, decline to issue permanent restrictions and dismiss the case.

"The rights to speak and to protest are protected by the Constitution, and dissent has been foundational to our democracy," said Jeanne LoCicero, legal director of the ACLU of New Jersey. "In this case, County Executive DeGise misused his access to public resources and law enforcement to obtain a court order against his own constituents with the intent to silence opposing viewpoints. This misuse of power cannot go unchecked."