Escondido checkpoint settlement may set free-speech standard

Escondidos recent settlement of a free speech lawsuit could become a model for how law enforcement agencies across the nation handle protests at traffic safety checkpoints, several attorneys said this week.

The settlement, which was reached last week by Escondido and the local chapter of the American Civil Liberties Union, vindicates free speech rights by establishing that opponents can protest and film the controversial checkpoints.

But the settlement also allows police to prohibit protestors and other people from entering an operational buffer zone police say they need to safely and efficiently conduct the checkpoints, where drivers are stopped and asked to show their licenses and vehicle registrations.

City Attorney Jeff Epp said the settlement, which limits the size of the buffer zone to a maximum of 15 feet, should be held up as a model of compromise between the needs of law enforcement and the importance of government transparency and accountability.

David Loy, legal director for the ACLU of San Diego and Imperial Counties, agreed that the settlement should be viewed as a model.

I would think other law enforcement agencies would look at this case as the right way to respect free speech, Loy said this week.

Other high-profile free speech attorneys agreed.

Eugene Volokh, a law professor at UCLA, said the settlement was the first time a city had addressed the rights of protestors at checkpoints, which have become more common in California and across the nation in recent years.

It sets no legally binding precedent, but I suspect that it might influence future decisions, Volokh said, noting that limiting the police buffer zone to 15 feet could become a model. This could provide a legal roadmap.

Guylyn Cummins, a San Diego attorney focused on media law and First Amendment issues, said the settlement clarifies that police must respect the rights of people who want to observe their work, including the media.

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Escondido checkpoint settlement may set free-speech standard