Jason Kessler, the white nationalist activist who organized the the infamous “Unite the Right” protest last August in Charlottesville, Virginia, has sued the city for refusing to let him hold a rally on the event’s first anniversary.
Mr. Kessler, 34, sued Charlottesville and its city manager Tuesday, alleging constitutional violations stemming from the city’s decision to deny his permit for a proposed, second “Unite the Right” rally in August 2018.
Three people died in connection with the first Unite the Right rally on Aug. 12, 2017, and City Manager Maurice Jones has denied multiple permit applications filed by individuals hoping to hold events on its anniversary, Mr. Kessler included, citing risks to public safety.
Mr. Kessler threatened to file suit in December, and on Tuesday he followed through in the form of an 8-page complaint brought on his behalf in Charlottesville federal court by attorney Elmer Woodward.
“Defendants’ denial of the requested permit violated and, unless enjoined by this court, will continue to violate Plaintiff’s rights to freedom of speech, assembly and petition as guaranteed by the First and Fourteenth Amendments to the United States Constitution,” wrote Mr. Woodward.
The city’s denial of Mr. Kessler’s permit “was based on his viewpoint and was not necessary to achieve any compelling government interests,” his attorney alleged.
Mr. Kessler’s lawsuit seeks compensatory damages to be determined at a trial, a judgement declaring the city’s rejection unconstitutional and a court order allowing his demonstration to happen as planned in August at Lee Park in downtown Charlottesville, the site of a controversial statue of Confederate Gen. Robert E. Lee at the center of last year’s protest.
A spokesperson for the city of Charlottesville declined to comment on pending litigation when reached Wednesday by The Washington Times.
The Charlottesville city council voted in February 2017 to remove the Confederate monument from Lee Park, and the city subsequently renamed the site in April to “Emancipation Park,” triggering Mr. Kessler to hold the inaugural Unite the Right on August 12 — a “free speech rally in support of the Lee monument,” according to his permit application. The rally descended into chaos amid clashes erupting between counterprotesters and participants including white nationalists and neo-Nazis, however, and police ultimately linked the event to the deaths of two state troopers and a counterprotester.
Mr. Kessler has insisted on holding another rally near the Lee statue pending its removal, and his lawsuit alleges fellow protesters will be irreparably harmed if “prevented from peacefully gathering to express their views on pressing issues of public concern at a time, place and in a manner reasonable for them to do so.”
“Plaintiff’s choice of location is critical to the message of the rally which specifically opposes City policy choices about the park and their underlying rationale,” according to his lawsuit.
“White civil rights activists cannot allow a precedent to be set where a government can trample on our rights, blame us for it and we take it lying down,” Mr. Kessler wrote in a blog post Wednesday announcing his lawsuit. “We will not allow the white man and woman to perish from the Earth nor be subjugated by our would-be oppressors,” he wrote.
Two state troopers died in helicopter crash while monitoring Unite the Right, and a counterprotester, Heather Heyer, died after a motorist mowed into a crowd of people on the afternoon of the event, according to authorities. An independent review commissioned by the city and released late last year faulted local and state law enforcement for communication and operational failures that contributed to the chaos.
• Andrew Blake can be reached at ablake@washingtontimes.com.
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