CINCINNATI — After several people were arrested last month for chaining themselves to an entrance of Kroger's downtown headquarters, a judge has placed new restrictions on where they can and can't go while their cases move forward.
Last month's demonstration, which law enforcement called peaceful, drew dozens of protesters. Eight protesters chained themselves to Kroger's headquarters, calling their demonstration a necessary step in a months-long campaign to pressure the grocery chain to commit to selling only cage-free eggs.
Watch why they did it:
Nine people were arrested and charged with criminal trespassing and resisting arrest. Each has pleaded not guilty.
A court hearing was held Friday after the city filed a motion asking the judge to add a bond condition that would ban the defendants from the building and adjacent sidewalk.
Watch why the judge agreed to ban defendants from Kroger HQ building but not the adjacent sidewalk:
Assistant City Prosecutor Brandon Yang argued the restriction was necessary to protect Kroger's constitutional interests and protect public safety.
“If they want to express that message, I don’t see why it’s necessary to do so while attached to Kroger’s building and property," Yang said.
A Kroger representative in court noted that the company supported the city's position.
However, defense attorneys representing the nine defendants argued that banning them from the sidewalk would violate their right to demonstrate in public.
Attorney Paul Laufman said there was no evidence that any of the defendants posed a public safety risk.
“Hundreds and thousands of people walk by that building every day and sidewalks and public forums like that are at the very heart of the type of First Amendment-protected activity that we see here today," Laufman said.
Yang emphasized the city's goal was not to prohibit the defendants from protesting, but to require them to demonstrate somewhere other than inside or on the sidewalk outside the building.
"Yes, there have been protests without incident throughout this whole summer," Yang said. "But the reason we are here today is because there was an escalation in that rather than being on public property."
Judge Danielle Colliver granted the city's request to keep the defendants out of the building, but denied the request to ban them from the sidewalks.
"I think it is an infringement on the Constitution to order them to stay off of the sidewalks," Colliver said.
Representatives with Animal Equality, a Los Angeles-based animal-protection group, celebrated the decision Friday morning.
“This is a win for peaceful activists, and it’s a win for our cause," said Sharon Núñez, president of Animal Equality.
The protests have been ongoing for months and have frustrated some nearby businesses and neighbors because of noise disruptions.
Núñez said protests have continued even after the arrests. She said it's because Kroger has failed to phase out the sale of eggs from caged hens, which the company committed to in 2016.
"This is retaliation of Kroger against activists who want to question the promise that they broke," Núñez said.
Núñez said their protests have all been peaceful and claims they will continue to demonstrate until Kroger agrees to meet with them and discuss a plan to go cage-free.
"Corporations like Kroger should not be telling peaceful activists where and where they can not stand in a public forum," Núñez said.
We reached out to the city following Friday's ruling. A spokesperson said the city does not comment on litigation.
We also reached out to Kroger, which did not respond by our deadline.
In a previous statement to WCPO, a Kroger spokesperson said the company supports the right to peaceful protest.
"But extreme tactics that create safety concerns for our associates, visitors and neighbors cross a line," the spokesperson said. "We are cooperating with local law enforcement as they respond to the situation and remain focused on keeping people safe."
A pretrial hearing for the nine defendants was scheduled for Dec. 8 at 9 a.m.
