15 March 2024
WICHITA, Kan. (KSNW) — A woman arrested after organizing several protests in Wichita in 2020 has won her appeal to the Kansas Supreme Court. The court says part of the ordinance police used to arrest her is unconstitutional.
Gabrielle Griffie was the executive director of Project Justice ICT. Her group held several local protests against police brutality following the May 2020 murder of George Floyd in Minnesota.
For a protest in downtown Wichita in July 2020, court documents say the group encouraged participants to bring “shields, umbrellas, and other protective gear.” As many as 60 people showed up, some with homemade shields, and marched in the streets. An organizer told KSN they were letting the protest “take a life of its own.”
Griffie marched in front, leading the group with a megaphone. Some streets were open, and a vehicle ended up in the middle of the group, creating some chaos but no apparent injuries.
The court documents say some of the marchers shouted insults at police. When the rally got to the federal courthouse, there were speeches over megaphones for about 30 minutes.
Afterward, the Wichita Police Department reviewed video of the protest and cited Griffie for unlawful assembly. The complaint alleged she “participat[ed] in the meeting or coming together of at least five persons for the purpose of engaging in conduct constituting disorderly conduct … by blocking traffic.”
Griffie turned herself in but said that, aside from marching in the street, Project Justice ICT did nothing wrong. She and her group protested again the following weekend.
She was found guilty by the Wichita Municipal Court. She appealed to the Sedgwick County District Court, where a jury found her guilty. The court sentenced her to $346.50 in fines and costs that she could pay by doing community service.
Griffie again appealed, saying one of the Wichita ordinances used to convict her was unconstitutional. Wichita Municipal Ordinance 5.24.010(c) has a provision criminalizing “noisy conduct tending to reasonably arouse alarm, anger, or resentment in others.”
Griffie said the “noisy conduct” part infringes on the freedom of speech and expression protected by the First Amendment.
The Kansas Court of Appeals was divided on the issue but ultimately decided against Griffie, so she petitioned the Kansas Supreme Court to review her case.
On Friday morning, the state’s highest court announced it agreed with Griffie. The decision was not unanimous.
In the court’s paperwork, Justice Melissa Standridge explains how the court reached its decision. In part, she said Wichita’s “noisy conduct” wording could criminalize many legal activities, even ones done in private settings.
She listed:
Cheering, booing, or taunting at a sporting event or other occasion;
Talking on the phone in public;
Playing disagreeable or unpleasant music;
Honking a horn;
Talking during a movie at the theater;
Revving the engine of a vehicle or motorcycle;
Speaking, marching, and demonstrating;
Using profane language in front of, or directed to, another person; and
Being insolent and disrespectful to another person.
The Kansas Supreme Court found the “noisy conduct” provision unconstitutional. It struck these words from the Wichita disorderly conduct ordinance: “or engaging in noisy conduct tending to reasonably arouse alarm, anger, or resentment in others.”
KSN News asked the City of Wichita how it intends to respond. Megan Lovely, the communications manager, said the City will evaluate the court’s decision and review the disorderly conduct ordinance to ensure compliance with the court’s opinion.
Justice Caleb Stegall disagreed with the court’s decision. He dissented because the majority did not consider whether the “noisy conduct” provision could survive “constitutional scrutiny as a valid time, place, or manner restriction on speech activity, even though the parties did not raise the issue.”
After hearing about the court’s decision, Griffie sent KSN News this response:
“I owe everything to the community who supported me throughout these past 3 and a half years,” she wrote. “Thank you to my lawyer Dylan Wheeler who believed in me every step of the way and took on this case pro bono. This is a huge win for 1st amendment rights and protesters in this state. I did it once and I would do it all again.”