By Nicole Bode
DNAinfo Associate Editor
UPPER EAST SIDE – A federal judge has awarded protesters the right to bring their rally against school closings to the sidewalk directly in front of Mayor Michael Bloomberg’s Upper East Side townhouse.
U.S. District Court Judge Alvin Hellerstein ruled Friday that the First Amendment right of free speech for the group, Emergency Coalition to Stop School Closings, superseded the NYPD’s security concerns about Bloomberg’s East 79th Street apartment.
Under the ruling, protesters must march single-file on the street and stay close to the curb to avoid security problems during Thursday's 4:30 p.m. demonstration
The group sued the city after the NYPD had denied them a permit for the north side of the street, where the mayor lives, and offered them the opposite side of the street instead.
"We’re very pleased with the decision. It’s a very important win not only for the protesters but for the First Amendment right for peaceful protest for all New Yorkers," said Norman Siegel, former head of the New York Civil Liberties Union, who represented the group in court.
Protesters are angry about the city’s plan to shut down close to two dozen public schools and replace them, in part, with charter schools.
The court decision comes the same day as Governor David Paterson secured legislative support to lift the cap on charter schools around the state.
The Education Department said they are closing the schools because they are failing, but teachers disagree.
“Especially us here in New York City … we know the mayor’s intention is to close a number of schools and replace them with charter schools,” said Brooklyn teacher Julie Cavanagh.
“It’s very scary for the public education system in New York City and that’s why we’ll be on the mayor’s block on Thursday,” she said.
The city said they will appeal the ruling on Tuesday in hopes of preventing the rally.
"We believe that the Court was wrong in directing that demonstrators be permitted to walk in the pavement, along the curb on both sides of the street,” city lawyer Diana Murray said in a statement.
