http://www.abcnews.go.com/sections/us/DailyNews/klan991019_feature.html # # KKK Sues NYC # Klan Wants to Wear White Hoods # # Norman Siegel of the New York Civil Liberties Union filed suit # against the city and the police commissioner on behalf of the # KKK, alleging its First Amendment rights will be violated if # police do not issue the group a permit to hold a rally. (Ed # Bailey/AP Photo) # # By Donna De La Cruz # # N E W Y O R K, Oct. 19 -The Ku Klux Klan sued the city and # the police department today, alleging its First Amendment rights # to wear its traditional white hoods will be violated if the group # is not issued a permit for a rally Saturday. # # The lawsuit was filed in Manhattan federal court on behalf of # the KKK by the New York Civil Liberties Union. NYCLU Executive # Director Norman Siegel said the group loathes the message of # the KKK, which asked the NYCLU to take the case. # # "But this case is an important First Amendment case," Siegel # said. "Regardless of the message, the First Amendment says people # have a right to express their views. They have a right to # anonymous political activity." # # The city's lawyers did not immediately respond. Two federal judges # - Harold Baer Jr. and Alvin Hellerstein - will hear the KKK's # case, as well as the case of one group who wants to stage a # counterdemonstration - at 4 p.m. on Thursday. # # Hoods Violate Obscure State Statute Last week, the police # department denied the Church of the American Knights - a branch # of the KKK - a permit to gather in front of the New York County # Courthouse at 60 Centre Street in lower Manhattan because the # group planned to wear its traditional white robes and hoods. # # The permit was denied on the grounds that the wearing of hoods # violates a state statute that prohibits groups of people from # congregating in public places while wearing masks or disguising # their faces, except for authorized masquerade parties or other # entertainment. # # Siegel, the NYCLU executive director, said that statute violates # the First Amendment and has rarely been used since it went into # effect 150 years ago. # # In the lawsuit, the KKK contends its members wear the hoods to # protect their identities because they've been subjected to # retaliation because of their views. KKK National Imperial Grand # Wizard Jeff Berry has also said the hood is part of the group's # "religious attire." # # Berry, who lives in Butler, Ind., did not return a telephone # call for comment today. # # Counterdemonstrations Planned # # In the lawsuit, the KKK said it expects between 50 to 80 people # to attend its rally, slated for 2 p.m. to 4 p.m. # # Three groups - the Partisan Defense Committee, the Latino Officers # Association and a coalition of elected officials, religious # leaders and community activists - have all applied for permits # to stage counterdemonstrations. Police were still reviewing those # permits today. The Partisan Defense Committee is also suing the # city in federal court for the right to hold a counterdemonstr # ation. # # Mayor Rudolph Giuliani said if the KKK rally and counterdemon # strations take place, police officers normally patrolling # elsewhere would have to be called in to ensure that the # demonstrations proceeded safely. # # The Partisan Defense Committee has distributed about 80,000 # leaflets about the protest citywide, said attorney Rachel # Wolkenstein. Coalition members also hope to attract thousands.