Wednesday, July 4, 2001 Power protest given permit   By Paul Young Staff writer One day after a federal judge questioned the constitutionality of Long Beach's policy for public gatherings, city officials issued a permit to a coalition of protesters who will demonstrate today. The permit was the result of a Monday ruling by U.S. District Judge Robert Takasugi that upheld a restraining order filed by the People for Community Empowerment last week. The order prevented the city from requiring the demonstrators to give advance notice of their plans and to pay insurance and the cost of police protection. Coalition leaders say the ruling will help the rally and march run smoothly. But more importantly, they said, are the order's greater implications. They hope it will become easier for activists and other community groups to practice freedom of speech. "This is a victory for free speech and the First Amendment in Long Beach," said Cal State Long Beach professor Eugene E. Ruyle, an event organizer. "I think any group of activists or people who have an issue to speak out on will benefit from this." Other groups, such as the Cambodian Coordinating Council, also praised the ruling, hoping the judge will declare parts of the city municipal code unconstitutional at a hearing July 16. Him Chhim, president of the council, said his group faced a similar dilemma when it tried to host its annual Cambodian New Year celebration in April. After it was canceled, he claimed discrimination over required police presence and costs. "They violated our human rights," he said Tuesday. "I don't think it's fair, and I want them to change the ordinance." Chhim, like the others, said the city's policy to determine how much police presence is required before a special event violates freedom of speech because the decision is a subjective one. City Manager Henry Taboada and Mayor Beverly O'Neill could not be reached for comment. City Attorney Robert Shannon and other city officials maintain the ordinance was never designed to deny a person's right to speak and plan to defend it in court. They said they support the event today, which will begin with a rally at the El Dorado Park duck pond at 11 a.m. At 2 p.m., the group plans to march down Studebaker Road to the AES Power Plant, where activists will "declare independence from corporate tyranny" and reclaim "energy independence." In a flier, the group says AES has created phony shutdowns to drive energy prices - and its profits - sky high. While an AES spokesman denied these allegations Tuesday, he said he expects the protest to be peaceful. A plant manager added, however, that plant employees are constructing a small fence around the facility and that officials are also beefing up security. The activists complain that general concern about the protest was fueled by police who are trying to curb participation. Some also protest police presence, which is expected to be heavier than at other events. They say the march and festival will be peaceful, as families, children and nonviolent protesters are expected to attend. "When you have police presence, it deters the exercise of First Amendment rights," said Carol Sobel, an attorney for People for Community Empowerment. "People see all the officers and say, `Oh my God, something is going to happen.' Police presence is meant to chill people's participation." A spokesman for the Long Beach Police Department, however, said that's not true and that police presence is simply meant to protect the community. He said more attention is being focused on the group because the department learned anarchists involved in a May Day protest this year would be present. The May Day event resulted in nearly 100 arrests. "If we were under the impression that these groups have protested before ... and that there hasn't been a problem with them, it wouldn't be as big of a deal," said police Sgt. Steve Filippini. "But because of what happened at the May Day protest, we want to make sure that the city of Long Beach and the property surrounding the protest is protected."