Showing posts with label first amendment. Show all posts
Showing posts with label first amendment. Show all posts

How to Run a Protest - Basics




How to Run a Protest - Basics
By Susan Basko, esq.

See Also:  Counter-Protesters and Counter-Demonstrators
See Also: High School Protest Rights

At least once a week, I get a query from someone wanting to run their first protest. There's a lot of protests happening these days.  That's a good thing, since it means people worldwide are exercising their rights to seek redress of grievances by calling public attention to the matter.  The basic list I am giving here is for the U.S. Please understand that what is legal in the U.S. may not be so elsewhere.  In fact, in some nations, protesters have been put to death.  This is also a reminder that if you are in the U.S., to cherish and value our rights to protest.  If you see a protest, rather than think of it as an annoyance, think of it as a refreshing and valuable exercise of our U.S. Constitution.   Even if you don't agree with the protesters, be proud of the freedom that gives them the right to protest.

HOW TO RUN A PROTEST:

1.  CHOOSE YOUR TOPIC. Your protest must have a topic.  The protest can be for something, against something, or generally educational or rallying.   Some topics can be wide: for example, against racism, against police brutality, for reproductive rights. Or a topic can be narrow: a protest because a particular police officer was not indicted for police brutality, a protest against a particular expansion of a pipeline, etc. 

2. CHOOSE YOUR FORMAT.  There are many kinds of formats for protests, including a march, a rally,  camping in tents, a sit-in or holding a space, attending a public meeting and possibly raising a ruckus, street theater such as performance, a flash mob of singing or dancing, projection of pictures or video, holding a group bike ride, candlelight vigil, etc.  Some protest formats are low commitment, such as a rally and march, and some are high commitment, such as camping, a sit-in, or holding a space.

The most common forms of protest are a rally and a march.  A rally takes place in one large public location, such as park or plaza.  A march moves as a line or parade along a sidewalk or street.

3. PICK A LOCATION.  PERMITS: THE GENERAL RULES.  In most locations in the U.S., the general rule is that you do not need a permit to protest, unless you are going to be blocking the street or interfering with pedestrian, car, or bike traffic.  

The other general rule is that it is legal to hold a protest in a PUBLIC space such as a government plaza or park, unless it is specifically designated as being for some other purpose such as art displays or music concerts.  The PUBLIC sidewalk is a legal place to hold a protest march, but you must leave enough space for others who also want to use the sidewalk.  Conversely, it is generally illegal to hold a protest on PRIVATE property. Some examples of private property are a shopping mall or a private plaza or private sidewalk. 

If you want to close down the street and want to do it legally, you need a permit. If that is your plan, you are best to get a local lawyer to assist you.  Many will do this for free.  (NOTE: International law states that if a protest is spontaneous in reaction to current events, and if there is a mass of people, then they should be allowed to fill the streets.  Police are supposed to facilitate the right of a large group to fill the streets in such a situation.)

For a BASIC protest, let's say you are going to meet in a public location and then go on a sidewalk march. Let's say you expect a group of anywhere from 20 to 200 people to attend.

Try to pick a location that relates to the topic of the protest or to the intended audience.  For example, if you want to show your support or disapproval of a certain act of government, you may want to stand with signs by the side of a busy road during rush hour and ask people to honk their car horns in agreement.  If you want to protest something the federal government is doing, show up at a federal plaza or building.  If you want to protest what a mayor is doing, protest at City Hall.  If you don't like what a certain company is doing, protest outside their headquarters or nearby location.  If no location is applicable or convenient, then pick any general public plaza or sidewalk.  

4. SET YOUR DATE AND TIME.  Most cities, when giving permits for a protest, allot time slots of 2 hours.  If this is your first protest, stick to the 2-hour window.  That keeps it compact and manageable.  As you get more experienced and have a group you can trust, you can move on to more elaborate plans.  Even if you are running your protest without a permit because you do not need one to hold a protest on the public way, it is still a good idea to limit your protest to 2 hours total, including gathering and clean-up afterwards.  More people will show up for a protest that has a specific time slot they can plan for around their jobs, classes, child care, transportation, etc.

Choose the date, day of the week, and time slot when your people can attend.  For a successful first protest, it is best to choose a time when students and workers can attend without problems, which is usually after school or work or on a weekend.  Check what is happening at the place you plan to hold the protest. For example, if you plan to hold your protest in a city plaza, but if at that same time there will be a band concert or a holiday event in the plaza, you are best off choosing a different time or place.    

5. NOISE: When setting your date and time, be sure you are not interfering with religious services that are held near your chosen location.  In many cities, it is illegal to make noise outside a place of religious worship during services.  It may also be illegal to hold a noisy protest near a hospital, school, or nursing home.  It is also illegal to interfere with a clinic or with patients or medical personnel coming and going.

6. FORMAT/ SCHEDULE.  You have chosen your topic, your format, your place, your date and 2-hour time slot.  Now, figure out how you will spend your 2 hours.  Usually this will be divided into gathering, holding the protest, and breaking up/ clean-up.  The typical events include people holding signs, speakers, chants, singing, music, dance, drumming.

One of the most effective protests I ever saw was a simple march down a sidewalk in a very busy area in a major city, where each of the marchers held a yellow helium-filled balloon on a string.  They had a drummer.  They had a few signs to explain what they were protesting.  They had information people to talk with the public.  They also had printed flyers they would hand to people who showed an interest.  

7. GATHER YOUR GROUP.  Publicity. Commitment.  Dividing Responsibility.
AND THEN ..  HOLD YOUR PROTEST.

 8. CLEAN UP.  Be sure to allot time to CLEAN UP afterwards.  Leave the space cleaner than you found it.  Pick up and remove all signs, flyers, water bottles, and all other items.  Do not leave any mess.  Bring some big trash bags with you, make sure everything gets into them.  And then find a proper place to dispose of the trash bags.  It may seem like you are leaving an altar or reminder of your protest by leaving your signs displayed in a park or street, but when the wind comes, you have left a big mess.  Just clean it all up and be proud of making no mess.

9. WILL YOU BE ARRESTED?  The main thing that gets protesters arrested is blocking the streets.  It is as simple, and as complicated, as that.  See other posts here for more info.   In large cities, there are many protests each day, and most of them are held with no trouble at all.  




Quick Protest Planning: 10 Easy Steps

Quick Protest Planning: 10 Easy Steps
by Sue Basko


Need to put on a protest really soon?  If so, quick protest planning is for you.

1) Pick a Topic.  You can be for something, against something, or informative/ educational.

2) Pick a place.   It must be “the public way,” meaning a public sidewalk or publicly-owned plaza that is not part of a park.  If you are staying within the public way and not in any way interfering with the flow of vehicle or pedestrian traffic, you should not need a permit. 

NOTE: If you have a large group protesting a recent event, and if you will not fit on the sidewalk and must take to the streets, international law says that the police should allow you to be in the street, even if it inconveniences others.

3) Pick a day and time.  The best bet for a quick-planned protest is to pick an afternoon time slot of 2 hours, on whatever day of the week you think people will come.   You have to be there the whole time, but attendees will come and go.  

4) Invite people.  Set up an events page on Facebook.  Tweet it on twitter.  Make a website or blog about it.   Post about it in logical places.  Put ads on Craigslist under "events" and "politics."

5) Make signs.  Nowadays, most  protest signs must be hand-held, because sticks of any size are not allowed.  That means a sign should be no larger than 18 inches by 24 inches, so a person can easily hold it.   Many protests hold a sign-making party before the protest. Some protest organizers print up signs to provide to attendees who did not bring their own signs.  If sign sticks are allowed, if you limit them to the length and width and thickness of a wooden measuring yardstick, you should be fine. 

Update June 2020:  Sticks or poles of any kind are now definitely not allowed.  Make your signs of paper or cardboard and of a size so they can be easily carried and held by one person.  Don't allow sticks, flagpoles, banner poles, plastic pipes, or any other thing that could be used as a weapon.

6) Find out if you can use a loudspeaker or megaphone.  Check the municipal ordinances for sections on noise, sound, amplification, etc.  If you can use one, try to get one.  If you cannot use one, plan to use call-and-response.  Make up some easy call-and-response chants.

7) Decide how you want to run the protest.  Will there be speakers?  Will people lead the protesters in call-and-response?  Will you walk on the sidewalk to someplace?   Will there be music? (Invite acoustic musicians or drummers.)   Plan an agenda of what happens when, where, by whom, and how.  Write it down.  Stick to it.  Give copies of the agenda to many key people so they also know what is happening.  Try to do these things online and digitally, so you are not creating pieces of paper that will become litter.

8) Get people to help.  Assign some people to be crossing guards or to keep protesters on the sidewalk or just generally to help keep the group organized and on track.  Get people to commit to speak,  to clean up. Invite acoustic musicians or drummers.  Ask everyone to bring their own water, but it is also a good idea to have some bottles of water available.  

9) Last Minute Preparations: Keep reminding people about the event.  Try to get a certain number of people to commit to coming.  Prepare what you will bring:  Sound system, signs, trash bags for clean-up.

10) On the day of the protest, show up a little early to greet early arrivals.  Start off slowly, since most people will arrive late.  Run the protest.  End on time.

And don't forget: > Clean up.  Pick up all flyers, water bottles, or other trash.  

For more detailed information, see:

     

Where You Can Protest in Chicago
and How

 Where You Can Protest in Chicago and How

UPDATE JULY 2017:  
Here is a basic beginner summary of Where You Can protest in Chicago:

PROTESTING is legal!  That is the most important thing you need to know.

Summed up, in Chicago, you can plan a protest WITH NO PERMIT NEEDED if you plan it for a publicly-owned sidewalk in the main area of the City  or a publicly-owned plaza.  If you are planning your first protest, you want to do it as legally as possible and as cheaply as possible.  There will be glitches that might happen anyway, but you want it to go as smoothly as possible from your side.

Basic Rule: No Permit needed for protest at Public Plaza or Public Sidewalk in main area of city.

The MAIN publicly owned plazas in Chicago are Richard J. Daley Center Plaza (by the Daley building on Dearborn - Clark - Washington - Randolph), the  State of Illinois James R. Thompson Center plaza   (on Clark - LaSalle - Randolph - Lake)  and the Federal Plaza (by the Post Office on Adams - Jackson - Dearborn - Clark).  It is logical to pick the plaza that represents what you are protesting -- if it is a city issue (Daley), state issue (Thompson), or federal issue (Federal plaza).  You don't have to protest at the most apt location, but it makes sense to direct your protest at the people or institutions from which you seek redress of your grievances. That is Constitutional language.

In Chicago, the three main public plazas are also notable for their big sculptures.  If you are planning a protest in any of these locations, you can send out a picture of the sculpture and tell people to meet up by the sculpture.  These make great landmarks for people who do not know their way around the City.

Daley Center Picasso:
Daley Center plaza has plenty of space, but often has such things as holiday festivals.
Photo by Susan Basko.  Picasso sculpture in Daley Center plaza.

State of Illinois James R. Thompson Center's Jean Dubuffet:
The State of Illinois Thompson Center plaza has very limited space.  The upside is that during weekday business hours, there are a food court and public bathrooms in the basement of the building.

Photo by Premundo. Public Domain use.
Thompson Center with Dubuffet Scupture out front.
Chicago Federal Plaza Alexander Calder "Flamingo":
This plaza has plenty of space and there will often be other protest groups at same time.  Sometimes there will be a farmer's market or craft fair going, but there should still be space for a protest.
Photo by Jeremy A., Fair Use.
ChicagoFederal Plaza Alexander Calder "Flamingo" sculpture.

Some protests will target the sidewalk in front of the exact building where the topic of their protest occurs, such as a county building, immigration office, etc.  You need to do your research and go on a reconnaissance mission to be sure you are choosing the correct location.

You can also march on the public sidewalks to your heart's content, but let others pass on the sidewalk. Tell your protesters to be polite to others and to offer information if asked.  A lot of people want to know what is being protested, what your main talking points are.  It's nice if your protesters can sum it up in a single sentence, with more detail for those in the public who want to know more. That's how your protest can educate the public and possibly win them over.

Some experienced protest organizers run protests in public and private buildings, in the parks, or close traffic by marching in streets.  Usually these are people who are willing to get arrested.  Fairness dictates that if you want people to attend, you should run your protest legally so that your protesters' lives are not disrupted by arrest.  Let the first protest you plan be safe, legal, and a good experience for all involved.

and on to the show:
****
“There is no where to practice free speech in Chicago,” tweeted someone at the Occupy Chicago protests, which have been repeatedly kicked out by the police.  This is a guide to WHERE YOU CAN PROTEST IN CHICAGO AND HOW, with quotes from the pertinent sections of the law.

Chicago has certainly greatly curtailed Free Speech and Assembly with the following:

in the Chicago Parks – Gatherings of over 50 people or that use a sound system require a permit, a permit fee, and various expenses. This should not be. There should be designated Free Speech areas, such as Washington Square Park by Newberry Library, which was Chicago's premiere free speech park; and the park space at Michigan Avenue and Congress, known as Congress Plaza ( also known as "the horse" for the historic horse statue there), from which protesters were recently arrested for violating park closing time. No such designated Free Speech and Assembly space exists, and that is a shame, since these rights are being given the chill in most  Chicago locations.   MAP OF GRANT PARK, CHICAGO

Picasso Sculpture in Daley Plaza, Chicago


PlazasDaley Plaza.  Chicago over-books Daley Plaza with all sorts of events, that while charming, use up the one main space that Chicagoans should have available for free speech and assembly. The plaza is even rented to commercial markets. “Rallies” can book the space far in advance, and if they don’t build any stages or other structures and don’t use any set-up workers or electricity from the building, can use the space for free. Still, it seems one space on the plaza should be reserved for First Amendment activity any day, and one day each week should be reserved only for First Amendment activity. Perhaps Free Speech Wednesdays? In addition, every evening should be available for free speech rallies.   By law, a public plaza can be used any time 24/7, with no permit, for free speech and assembly.   But if the space is filled with a holiday village or a crafts fair, how can this happen?

State of Illinois Thompson Building Plaza. This building should have a robust First Amendment system in place, and instead has a commercial building management booking spaces for high prices to commercial enterprises. A recent peaceful nighttime vigil in honor of Scott Olsen, a marine critically wounded by a police officer in Oakland, was met at the Thompson Plaza by an intimidating line of police in tactical gear. That chills free speech, to say the least. Such actions by the State make people feel they are somehow wrong or criminal to peaceably assemble for free speech purposes.  Heavy police presence at a peaceful vigil service was ugly and un-American.


WHERE CAN WE PROTEST IN CHICAGO and HOW?

In Chicago law, there are two types of protests: Rallies (public assemblies), and marches.  Rallies stay in one place and marches move.  Many or most marches begin and/or end with a rally.  A rally has to take place in a public plaza, or in a park space if you have a permit for the park space.  The march can take place on the sidewalk, or on the street if you have a permit for a street march.

THE EASIEST TYPE OF PROTEST in Chicago that does not need a permit or insurance is a simple rally in a public plaza followed or started by a sidewalk march.  To avoid the permit, your group must stay out of the street and not erect any structures and not block the flow of vehicle or pedestrian traffic.  If there is another group that has reserved the plaza, your group cannot interfere with them. 

Chicago law treats different types of public places differently for public assembly purposes.  I have grouped the types of locations and listed the regulations that apply to each.  I also added pertinent sections of the Noise Ordinances, as well as Chicago's Disorderly Conduct law.

PRIVATELY-OWNED PLACES:  Keep in mind -- PRIVATELY-OWNED places are never available for protest activity.  That includes shopping malls, private college campuses, businesses or offices, anyone's home, etc.  First Amendment exists between the government and the people only.  Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.  Flash Mobs: Some people DO plan flash mob protests on private property, and you can read about those HERE.

MEDICAL FACILITIES/ CHURCHES: Protesting is not allowed near hospitals, clinics, or any other type of medical facility, or near or in places of worship.  If you plan such a protest, consult first with a lawyer.  Chicago law prohibits making any noise or otherwise disrupting any religious service.

IN Chicago, the types of public spaces where you are likely to hold a protest are: (see the detailed explanations further below)

I) inside of public buildings, such as City Hall;

II) sidewalk, not interfering with vehicular or pedestrian traffic flow;

III) sidewalk, not interfering with vehicular traffic, but reasonably expected to interfere with pedestrian traffic;

IV) street, requiring street closure or rerouting of traffic;

V) public plazas, that is, publicly-owned plazas open to the public.

VI) park property. Park property is divided into parks, beaches and golf courses. This post deals only with parks, not beaches or golf courses.

VII) NOISE LAWS, SOUND SYSTEMS, MEGAPHONES, AND DRUMMERS

VIII) CHICAGO DISORDERLY CONDUCT LAW

* * * * * * * ** * * * * * * * * * * * * * * * * *

I) INSIDE PUBLIC BUILDINGS: MEETINGS: If you wanted to hold a protest inside a building owned by the City, you would need a permit, but one would never be given. But you can protest on the public sidewalk outside, just not too near the doorways. If you want to attend and watch or speak at City Council, a Council Committee, the School Board, Park District board, or other such meeting, you can check online for the schedules, locations, and rules for being allowed to speak. For the most part, you can come to such a meeting with the people in your group, but you probably won’t be allowed to make noise, probably won’t be allowed to carry signs, and will have to follow the agenda and time limits on speaking. If you want your topic to be on the agenda, you need to read up on how to make that happen.

Some people go in groups to the office of the Mayor or Governor trying to spontaneously get a meeting or to drop off a petition or document. These officials are usually not in their offices, though sometimes a friendly staff person will talk with a group. If you really want to set up a meeting, call ahead and ask to schedule a meeting. Dress and act professionally if you want to be taken seriously.

Protest groups often DO protest in public buildings, but they usually do so with the intent and plan that they are going to get arrested.  Sometimes they will sit in a hall or block elevators.  In Chicago, the police or security will usually warn the group, and will often ask each person if they want to leave or be arrested.  



II) SIDEWALKS, NOT INTERFERING WITH VEHICLE OR PEDESTRIAN TRAFFIC:   
  This is the most common form of protest in Chicago where you do not need a permit.  You have the right to march in protest on the public sidewalk. If you take up only half of the sidewalk and do not impede the normal flow of pedestrian traffic and if all of your group stops faithfully at each crosswalk and follows the “walk” signal, then you may do so without informing anyone or getting a permit. However, you must be careful with the rules about noise and any amplifying system, and with any musicians, such as drummers. This will be covered further below.

Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.

If you are holding a sidewalk march, you should tell the participants to be polite to others on the sidewalk, not to bump into people, not to curse, etc.

DRUMMERS: Drummers are okay as long as it is not night and as long as the march is not near an outdoor concert, or near a church or religious building that is holding services, and not near a hospital with sick patients staying inside.  If your march keeps moving along, your drum noise also moves along, and no one will be too bothered by it.  However, if you situate your protest in one location and have nonstop drumming, there are bound to be complaints.

March must move. Chicago Police sometimes show up at sidewalk protests that intend to stay in one location and enforce a "keep moving" policy where they make the protesters keep walking in a big loop.  Maybe this technicality makes it a protest march?  If you want to stay in one place, that is a rally, and you need to do that in a publicly-owned plaza. Read on that below.

 If you are going to impede normal flow of pedestrian traffic, Chicago law says to inform the Commissioner of the Department of Transportation of your intent, as explained just below.

Crossing the river: If your march is in downtown Chicago and you start south of the river, and you try to cross to north of the river, the police will not likely allow this.  This may or may not be a legal limitation, but it is likely to happen.  The City now considers North Michigan Avenue more or less off-limits for protests, because there have been problems with flash mob robberies and large annoying groups.  If you want to avoid trouble, don't plan your protest north of the river on Michigan Avenue. If you do plan it there for some reason, you will most likely run into trouble or arrests.

III) SIDEWALK, REASONABLY EXPECTED TO INTERFERE WITH VEHICLE OR PEDESTRIAN TRAFFIC: For this, you must contact the Commissioner of the Department of Transportation, as the laws below explain.

Commissioner of the Department of Transportation Permit Office:  
The permit office is open weekdays (excluding holidays) between 8:30 AM and 4:30 PM and is located at:
City Hall – Room 905
121 North La Salle Street
Tel: 312-744-4652 Fax: 312-744-4627 

PUBLIC ASSEMBLY:  In Chicago law, “public assembly" is defined as “(I) a company of persons which is reasonably anticipated to obstruct the normal flow of traffic upon the public way and that is collected together in one place, or (ii) any organized march or procession of persons upon any public sidewalk that is reasonably anticipated to obstruct the normal flow of pedestrian traffic on the public way, but which does not meet the definition of parade set forth in this subsection.”

“Public assembly” requires you to contact the Commissioner of the Department of Transportation five days in advance, or as soon as practicable if must hold your public assembly asap because it is spontaneous or of an urgent nature.

How to Get the Permit for a Public Assembly:

10-8-330 Parade, public assembly or athletic event.( r ) Any person or organization planning to lead or initiate any type of public assembly, including a march or procession upon a public sidewalk, as defined in subsection (a), shall notify the commissioner, at least five business days in advance, or as soon as practicable if the event is of a spontaneous or urgent nature, and shall inform him or her of the date, time, location, route and estimated number of persons participating, so that the city can make any preparations necessary to provide personnel or other city services to minimize the obstruction to pedestrian and other traffic and to otherwise protect the participants and the public. Such public assemblies shall be allowed unless the commissioner informs the person or organization giving the notice, within two days or as soon as practicable before the scheduled event, that there would be a direct interference with a previously planned permitted activity or public assembly, or that there is a significant public safety issue, limited to those set forth for parades in subsection (h)(1) – (3). If the commissioner does this, he or she must state the reasons in writing and give an alternative date, time, location or route, as provided for parades in subsections (j) and (l) herein. If the public assembly organizer desires to appeal such decision, then the appeal shall be governed by the procedures set forth for parade permits in subsection (m) herein, if the notification was received in sufficient time that the appeals process could be completed before the planned date; if not, the decision by the commissioner shall be deemed a final decision subject to judicial review in accordance with applicable law. Upon request, the commissioner will provide the organizer of the public assembly with a stamped copy of the notice given under this subsection.

How Does the Commissioner Decide?

(h) After such investigation, the commissioner shall issue a permit when he or she finds that:

(1) the proposed activity will not substantially or unnecessarily interfere with traffic in the area contiguous to the activity, or that, if the activity will substantially interfere with such traffic, that there are available at the time of the proposed activity sufficient city resources to mitigate the disruption;

(2) there are available at the time of the parade or athletic event a sufficient number of peace officers and traffic control aides to police and protect lawful participants in the activity and non-participants from traffic related hazards in light of the other demands for police protection at the time of the proposed event or activity;

(3) the concentration of persons, animals, vehicles or things at the assembly and disbanding areas and along the parade or athletic event route will not prevent proper fire and police protection or ambulance service;

FIVE DAYS IN ADVANCE MAY REALLY BE 7 DAYS: 
(4) “Business days” means those days in which municipal offices are open for conducting city business and does not include Saturday, Sunday or such holidays as are listed in Section 2-152-090.

IV) STREETS: PROTEST MARCH OR RALLY WHERE STREET CLOSING IS NEEDED: A permit is required. In Chicago law, a “parade” “means any march, procession or other similar activity consisting of persons, animals, vehicles or things, or combination thereof, upon any public street, sidewalk, alley or other public place, which requires a street closing or otherwise requires police officers to stop or reroute vehicular traffic because the marchers will not comply with normal and usual traffic regulations or controls. “Large parade” means any parade that is held in the “central business district”, as defined in Section 9-4-010, and any parade that is anticipated to require city services exceeding $20,000.00 in value, to be adjusted for inflation in a manner specified by regulation.”

The process of getting a permit to close a street in Chicago is quite complex, and First Amendment protest activities compete with all kinds of ethnic parades, holiday parades, sporting events, as well as with all the other protest groups. Many of the bigger parades are long-standing annual events, and those groups vie for their time slots by showing up as soon as the permit office opens after the New Year. If you want to close a street in Chicago so you can hold a protest, you are best to consult with a lawyer and have help in learning the application process and putting your best foot forward.


V) PUBLIC PLAZAS IN CHICAGO: People should be able to protest freely in public plazas. In Chicago, plazas in parks are controlled under parks law, which is below, and parks close at 11 pm. The non-park plazas should be available for free speech activity 24 hours a day with no reservations required, but that is not the case in Chicago. This is a big problem and is probably unconstitutional. No matter what is going on with the plazas in Chicago these days, you should still be able to protest on the public sidewalk surrounding the plazas. Also, if any area of free speech needs to be clarified asap, it is use of these public plazas.  NOTE: The plaza along Michigan Avenue nicknamed "The Horse" is a park plaza, and therefore, has a closing time.

CHICAGO PUBLIC PLAZAS: Chicago’s main downtown public plazas are:



Daley Plaza, as seen from the west.


Daley Plaza, which is owned by the City. It is located on Washington Street between Dearborn and Clark (118 North Clark). This is the place with the Picasso sculpture. This area should be reserved for Free Speech activities by the people of Chicago, and instead is booked with “cultural programming,” every day at noon, Farmer’s Markets, events for Halloween, Oktoberfest, Christmas and on and on. A protest group should be able to at least fit itself into some corner of the plaza, or at very least, use half the public sidewalk around the perimeter.

Where are the people of Chicago supposed to go to peaceably assemble for redress of government? The City of Chicago has completely “programmed” its plazas and parks to prevent any meaningful First Amendment activity.  This is most likely against the U.S. Constitution and I would like to see someone go to court on this.  Better yet -- I'd like to see the City administration change this serious problem on its own accord.

The Daley Plaza now requires an application to hold a ‘rally” at the plaza. The application must go in 30-365 days in advance. Obviously, the further in advance you get it in, the more likely you are to get your desired date and time. You will need to buy insurance for any “erection or construction of displays, structures or exhibits.” If your rally will not do such things, you do not need insurance. If you do not need assistance from the building staff for any equipment or electrical set-up, and if you do not require insurance, then there is no fee. If you require any of those things, there is a fee of $250 for two hours, and an additional $100 for each extra hour, for a total up to $750. This is the application: http://www.thedaleycenter.com/uploads/ApplicationforPermit2.15.11.pdf

State of Illinois Building, James R. Thompson Center Plaza, 100 West Randolph Street.   http://www2.illinois.gov/cms/About/JRTC/Pages/default.aspx This is the State of Illinois building with a Jean Dubuffet sculpture out front. This is the Clark and Lake CTA train stop, where many train lines from all parts of the city stop. This makes it an ideal centralized location for a protest. Any protest should be able to show up at the plaza and protest in a peaceful way as long as they keep away from the windows. The Lake Street side of the building is best to avoid, because it is too narrow a space between the street and the glass windows and doors, and is where the entry to the CTA station is located. The larger area on the Randolph Street side is best for any protest rally or ceremony. To contact the building office in advance:

Wilma Wilbon
Special Events Director
James R. Thompson Center
Chicago, IL 60601-3220
Phone: 312-814-6676
TDD: 312-793-3500
E-mail: Wilma.Wilbon@illinois.gov

Kluczynski Federal Building Plaza, 50 West Adams. http://www.gsa.gov/portal/content/101886 This plaza is part of the federal government and has a red steel sculpture by Alexander Calder. The plaza has a Farmer’s Market. The space is large and should be a prime location for vibrant, peaceful Free Speech Assembly.  Marysia Davis is the property manager, 312-353-4475.


VI) CHICAGO PARKS:

Cloud Gate, aka The Bean, Millennium Park, Chicago


MILLENNIUM PARK: Millennium Park is its own little fiefdom. From the Parks law: “Millennium Park: (d) The commissioner is authorized to enter into use agreements for the temporary use of space and facilities in the Park. The commissioner shall only enter into use agreements that the commissioner determines enhance and are consistent with the unique nature of the Park, but in no event shall the commissioner discriminate on the basis of race, national origin, religion, partisan political affiliation, or viewpoint of the applicant seeking a use agreement, or on any other basis prohibited by the Constitution of the United States or the State of Illinois.”

Translation: Millennium Park is too fancy pants for protest riff-raff. However, protesters should be able to march on one-half the width of the public sidewalk around the perimeter of the park, as long as you are not violating the sound ordinance (not using amplifiers or megaphones in violation of law) and do not have drummers, since no street performers are allowed on the sidewalk abutting Millennium Park. You might argue that these are not street performers, but if you are making loud noise on the perimeter of Millennium Park, you are most likely to be forced to leave.

ALL OTHER PARKS:

 CLOSING TIME:  All Chicago parks are closed from 11 pm to 4 am. That means you have to leave by 11 pm or you are subject to arrest.  In most instances, the police will give you the option to leave before you are arrested.

Map of GRANT PARK

link to PARK DISTRICT PERMITS OFFICE

PERMITS NEEDED FOR PROTEST IN A PARK: If you plan an event with 50 or more people, you need a park permit. A permit is also needed for any use of tents, to reserve a specific location, or to use sound amplification equipment. Any tent with a surface area over 240 square feet surface area must have a building permit. Tents may only be up and in use for 60 consecutive days. Where a tent is in use, there should be portable toilets also in place. There are other requirements regarding electricity and cooking near any tent.

PERMITS NOT NEEDED FOR PROTEST IN PARK IF: IF your protest is under 50 people, IF you are not using tents or sound equipment, and IF you are flexible about location in case someone else has reserved your desired spot, you should not need a park permit. HOWEVER, there is a strict closing time of 11 pm and you are subject to arrest if you do not leave by 11 pm. Keep in mind, you can always be on half the width of the public sidewalk (not the sidewalk within the park). Also, keep in mind, this does not apply to Millennium Park, which reserves its own spaces.  Also, any sound you make in a park cannot interfere with any other event that got a permit to use space nearby.

INFORMATION FROM PARK DISTRICT SITE:
If you are planning an event in the parks, you may need to secure a Special Event Permit in order to proceed with your event. Certain activities that require a Special Event Permit may include, but is not limited to, the following:


  • events with 50 or more participants
  • use of amplified sound
  • any advertising or sponsorship activities, and merchandise, etc.
  • selling/distributing any food, goods or merchandise (including exercise classes/bootcamps)
  • liquor
  • tents
  • inflatables
  • stages
  • reservation of a specific location


Please keep in mind that there are other activities or proposed event features that may require you to secure a permit. If you are unsure whether your special event will need a permit, please contact the Department of Park Services at: (312) 742-5369.

CHICAGO PARK DISTRICT: Permit Application Process:

Choose a specific park location and date for your event. (Please consult the downloadable maps on the right for lakefront locations.). You are encouraged to choose an alternative location and/or date in the event that your first choice is not available. Events of 50 or more people and those events with special features are required to secure a Special Event Permit.

 If you are unsure whether or not a permit is required for your event, please refer to the Park District Code or call the Department of Park Services at (312)742-5369.

Please be sure to complete all sections of the Special Event Permit Application. All proposed activities and events are subject to the approval of the Park District. The Park District will not consider your submittal if the application is incomplete and does not include the $35 application fee.

Submit the completed application (pages 12 through 21) and $35 application fee by email, mail, delivery in person, or fax to the Department of Park Services or appropriate Region Office. Submittal of an application does not grant you a permit or confirmation to conduct your planned event; all applications are subject to review. Completed applications with appropriate fees and requested documentation/information must be submitted at least 45 or 30 days prior to your event depending on your permit level; otherwise, late fees may apply (refer to Fees and Fee Deadlines on page 8).

PLEASE NOTE: Only applications delivered in person will be processed on January 3, 2011 beginning at 8:00 a.m. until 3:00 p.m. Applications submitted by mail, e-mail and fax, and all applications received prior to 8:00 a.m. on January 3, 2011, will not be processed until January 4, 2011. The Park District cannot guarantee that all applications received prior to January 3, 2011 at 8:00 a.m. will be processed in the order received on January 4, 2011. Furthermore, only completed applications submitted with the $35 application fee will be processed.

The Park District processes applications for permits in order of receipt. The Park District will not consider your submittal without a completed application and a $35 application fee.

Upon receiving your completed application and $35 application fee, the Park District will contact you within 14 days to inform you of the status of your application. You will be informed of any remaining fees that must be paid (please see Fees and Fee Deadlines, page 8), along with any additional documentation requirements. The Park District reserves the right to require additional information or documentation regarding the applicant, applicant’s company, sponsoring company/organization, cosponsors, event participants, event vendors, event activities, or the event itself. Moreover, the Park District may postpone approval of event permits until receipt of additional requested information or documentation. Failure to submit requested information or documentation in a timely manner may be cause for denial of a park permit.

Applicants must submit two documents to satisfy insurance requirements. A (1) Certificate of General liability insurance in the amount of $1,000,000 naming the Chicago Park District as “additional insured” and the certificate holder for the date(s) of your event including set up and tear down dates. Applicants must also submit an (2) Endorsement issued by the insurance carrier. The Endorsement issued under their General Liability policy of insurance, including coverage for property damage while property is occupied by the permittee, for the event that reflects that the Chicago Park District is an additional insured for the event.

Your permit will not be issued if both the Certificate of Insurance and the Endorsement have not been received and approved 48 hours prior to an event.

Applicants are required to inform the Chicago Park District in writing of any and all amendments to the original application prior to the event day.

Once all the Park District’s requirements have been fulfilled, including receipt of all documents and full payment, a Special Event Permit will be issued.

PLEASE NOTE: Costs incurred promoting and marketing events prior to the issuance of an approved Special Event Permit from the Chicago Park District and changes/modifications relative to the event from the Chicago Park District and/or the Mayor’s Office of Special Events and other City of Chicago departments is at the sole expense and risk of the Event Organizer.

Submit the completed Special Event Permit Application to:

Chicago Park District
Department of Park Services
541 N. Fairbanks Court, 4th Floor
Chicago, IL 60611

Or via Fax: (312) 742-6038
QUESTIONS: : (312) 742 - 5369

CHICAGO PARKS DO NOT ALLOW: Glass containers; alcohol; intoxication; dogs, except on leash under 6 feet; open flame or cooking except where specifically allowed.


VII) NOISE LAWS, SOUND SYSTEMS, MEGAPHONES, AND DRUMMERS:

Chicago has many noise ordinances, many of which overlap. The two below seem most apt to protests. Chicago also requires all street performers to be licensed. Do drummers performing with a protest have to be licensed? The City might argue yes. I would argue it is part of the First Amendment protest, not street performance. However, there cannot be any drumming or other loud noise after 8 pm anywhere, unless there is a permit for it, as the law below states. Also, no street performance is allowed on the sidewalk abutting Millennium Park, and in some other locations.  There is also no music street performing allowed on the sidewalks across from Millennium Park when a concert is about to start or during a concert at the Pritzker Pavillion. In other words, you cannot play music out on the street that may interfere with the outdoor concerts held in the park. Also, Chicago has “Quiet Zones” near hospitals, schools, and churches. Don’t drum after 8 pm or in any quiet zone. If you are told to stop drumming, you are most likely in violation of the complex and overlapping Chicago noise ordinances. See the laws below to properly plan noise for your protests.

NOISE BY DAY:

Part B. Limitations on Noise from Specific Sources.

11-4-2800 Music and amplified sound.

(a) No person on the public way shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 100 feet or more, measured vertically or horizontally, from the source.

(b) Between the hours of 10:00 p.m. and 8:00 a.m., no person on any private open space shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 100 feet or more from the property line of the property from which the noise is being generated.

(c) The limitations imposed in this section do not apply to a person participating in a parade, athletic event, public assembly, or outdoor special event, as defined in section 10-8-330 or 10-8-335 of this Code; provided that a permit has been issued, if required, and the person is in compliance with the permit.

NOISE AT NIGHT:

Part C. Other Limitations on Noise and Vibrations.

11-4-2900 Limitations on noise not otherwise addressed.

For any noise source not specifically addressed in Part B of this article, except where exempted or excluded by section 11-4-2920, the following general limitations shall apply:

(a) Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on the public way that is louder than average conversational level at a distance of 100 feet or more, vertically or horizontally, from the source.

(b) Between 8:00 P.M. and 8:00 A.M., no person shall generate any noise on any private open space that is louder than average conversational level at a distance of 100 feet or more, measured from the property line of the property from which the noise is being generated.

(Added Coun. J. 7-26-06, p. 81473, § 1)


VIII) CHICAGO DISORDERLY CONDUCT LAW:

8-4-010 Disorderly conduct.

A person commits disorderly conduct when he knowingly:

(a) Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or

(b) Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or

(c) Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time; or

(d) Fails to obey a lawful order of dispersal by a person known by him to be a peace officer under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or

(e) Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; or

(f) Remains in the public way in a manner that blocks customer access to a commercial establishment, after being asked to clear the entrance by the person in charge of such establishment.

(g) Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity; or

(h) Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon, or conceals said weapon on or about the person or vehicle; or

(i) Pickets or demonstrates on a public way within 150 feet of any primary or secondary school building while the school is in session and one-half hour before the school is in session and one-half hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute; or

(j) Pickets or demonstrates on a public way within 150 feet of any church, temple, synagogue or other place of worship while services are being conducted and one-half hour before services are to be conducted and one-half hour after services have been concluded, provided that this subsection does not prohibit the peaceful picketing of any church, temple, synagogue or other place of worship involved in a labor dispute.

(k) Either: (1) knowingly approaches another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 50 feet from any entrance door to a hospital, medical clinic or healthcare facility, or (2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any hospital, medical clinic or healthcare facility.

A person convicted of disorderly conduct shall be fined not more than $500.00 for each offense.

(Prior code § 193-1; Amend Coun. J. 3-27-02, p. 82299, § 1; Amend Coun. J. 12-4-02, p. 99931, § 5.1; Amend Coun. J. 4-9-03, p. 106396, § 1; Amend Coun. J. 7-26-06, p. 81863, § 1; Amend Coun. J. 10-17-09, p. 72710, § 1)

See also:

Occupying L.A. Metro Stations

Occupying L.A. Metro Stations
by Sue Basko

Someone attending an Occupy Los Angeles GA (General Assembly) proposed holding meetings at a Metro Station.  At first I thought, that's ludicrous.  Then, I looked into it some more and it may not be so ludicrous, even though it will be hard to follow the rules.

Los Angeles Mayor Villaraigosa promised the Occupy LA folks that a certain staircase area of City Hall would always be available as a free speech forum.  Rather than have that be true, the group has been subjected to police interference that inhibits or chills free speech.

I also checked into meeting rooms at public libraries and park districts.  These charge a rental fee and require insurance.  Also, most of these rooms are too small for a GA, which is open to anyone.  So where are large groups supposed to gather, free of charge, for purposes of conducting a free speech meeting?

Holding a GA at the ground level of a Metro Station might be possible, if the station outdoor area is large enough.  Read all the rules carefully and see if the place and activity can meet the rules.  Proper planning is the key.  Bring a measuring tape and the rules and see if you find a station location that meets the distance requirements in Section 6-05-210, which you can see below in the Solicitation section.

Click to download the 

ALL parts of the Metro Code of Conduct apply.  It should be read in full by each person before attending or running any such meeting.  The specific parts that are most applicable to this proposal are these:

NO LOUD NOISE:

6-05-150 Noise.
The following acts are prohibited in Metro facilities and vehicles:
A.
Disturbing others by engaging in boisterous or unruly behavior.30
B.
Creating noise, including unnecessary cell phone or other conversation, that is so loud, lengthy, sexually explicit, threatening, violent, or disruptive, that is causes a nuisance or unreasonably interferes with the use, operation, or enjoyment of the Metro facilities or vehicles for Metro representatives or patrons, or creates an unsafe condition, such as distracting operators of Metro vehicles.30
C.
Playing a sound device, except when using headphones or earphones that make the sound inaudible to others unless a permit has been issued for usage of such sound device by Metro.31


NO CAMPING:

6-05-120 Loitering.
A.
Loitering is prohibited in Metro facilities and vehicles.27
B.
Loitering includes the following:
1. Storing personal property in a Metro facility or vehicle.
2. Camping or sleeping in a Metro facility or vehicle when not riding for a transportation purpose.28
3. Remaining in a Metro facility or vehicle without lawful transportation purpose or refusing to provide identification.29

TIME, PLACE AND MANNER RESTRICTIONS ON FIRST AMENDMENT FREE SPEECH ACTIVITY:

6-05-210 Solicitation.
A. No person shall solicit money or other things of value in a Metro facility or vehicle.37
B. No person shall solicit public support, or distribute materials, for any cause in Metro vehicles and in underground or non-public areas of Metro facilities where the distribution is disruptive, presents a safety hazard, or impedes the movement of Metro patrons.
C. The exercise of freedom of speech is permitted in Metro facilities and vehicles, subject to the following restrictions:
1.
Activity at a rail station is limited to street level areas and areas which are not platform waiting areas for patrons.
2.
Activity may not occur within fifteen (15) feet of an elevator, escalator, stairwell or staircase entryway, above-ground platform, loading zone, kiosk, transit entrance or exit, emergency exit or telephone, fare vending machine, or fare media readers or validators, or customer service station.
3.
Activity may not impede transit services or the movement of patrons or Metro personnel.
4.
Pamphlets and leaflets may not be left unattended in a Metro facility or vehicle.
5.
The carrying of signs or placards larger than thirty (30") inches by thirty (30") inches, in Metro facilities or vehicles is prohibited. Large signs can be folded or rolled up to comply with the 30" by 30" restriction. No pole, stick, or other similar object or device utilized to display a sign shall exceed a length of thirty inches (30"), nor shall such object exceed a thickness of one-quarter inch (1/4") and a width of two inches (2"); or if not generally rectangular in shape, such object shall not exceed three-quarters inch (3/4") at its thickest dimension. This limitation is not intended to prohibit walking canes, crutches, or similar device used for mobility assistance by a person with a disability. No object shall have an exposed sharp pointed end.
6.
Carrying of any such signs or sticks must not to interfere with the movement, seating, or safety of patrons or Metro personnel.
7.
Food and drinks shall not be distributed in Metro facilities or vehicles except by Metro or persons who obtain a permit from Metro.
8. Tables and portable equipment are prohibited, unless approved by Metro.


Time, Place, and Manner Restrictions
on Peaceable Assembly



Time, Place, and Manner Restrictions on Peaceable Assembly
by Sue Basko

There seems to be a lot of confusion or misinformation in the Occupy movement about the First Amendment right to peaceable assembly and how that interacts with the right of local governments to place Time, Place, and Manner restrictions on those assemblies.

Time, Place, Manner.  The local governments and their entities (States, municipalities, counties, parks, schools, universities, airports, public transportation, departments of natural resources, etc) can make rules that control the right to peaceably assemble in public places as long as the ordinance is narrowly tailored to achieve a compelling government interest.  The law must be content neutral, not vague, and also leave some way for the people to get their message across.

Content Neutral. The laws must be content neutral. Content neutral means the rule applies to all groups, regardless of their message. 

Not Vague. And the laws must not be vague.   That means the law must state specifically to what categories it applies and how.  To be non-vague, a law must be very specific.  For example, a law cannot say “large groups” must get a permit; it must say, for example, “groups of 25 or more” must get a permit. 

Public Property Only. Keep in mind, the First Amendment is between citizens and the government.  Therefore, the right to peaceably assemble is on public property only. (There are a few exceptions to this, such as at POPS, which is explained below.)

Camping: Most municipalities disallow camping except in actual campsites.  That’s because campers need things such as toilets, drinking water, showers, benches and tables, a turf or area on which to place a tent, fire pits, safety and security measures, etc.  Therefore, almost no (or no) municipality allows camping on a street, sidewalk, plaza, or in a general-use park.

Due to a court case settlement meant to give the homeless some place to legally sleep, Los Angeles allows sleeping on the public sidewalk between 10 pm and 6 am.  That is not exactly camping.  

During the Occupy protests, some municipalities are granting special permission to the protesters to have tents and sleep in parks or plazas.  This is not being allowed as “camping,” but as part of a protest that is being conducted as “occupying.”  Because I am pro-Occupying, at least for limited time periods, I think it is wonderful that some towns and cities are cooperating.  However, the damage being done to parks and plazas cannot be denied, since these spaces were not designed or constructed to accommodate the needs of tent residents, whether campers or protesters.  Looking into the future, what happens when another, less popular and less desirable group decides it needs to protest by occupying the parks or plazas?  Will their tents be allowed?  I doubt it.  And I think this will lead to lawsuits and lots of trouble.

The U.S. Supreme Court ruled in Clark vs  Community for Creative Nonviolence (1984) that sleeping in tents does not have to be allowed as part of protest.  From the other viewpoint, if a municipality wants to allow sleeping in tents as part of a protest, they are free to do so, but they are setting a precedent of allowing this for one group, and thus for all such groups.  

Masks:  The famous mask of  Guy Fawkes and V is for Vendetta has been adopted by Anonymous and anyone cool, really.  The mask is the 2011 equivalent of the 1969 hippie beads.  However, some states or municipalities have laws against wearing masks in public.    New York has a law prohibiting two or more people gathered wearing masks, unless they are holding a masquerade party.  Lots of mask-wearers have been arrested at the Occupy Wall Street protests in New York.  Check local laws.  


Masks, Aggravated Assault.  Some places have laws that turn an assault into an aggravated assault if the assailant is wearing a mask or something that conceals identity.   "Assault" is a catch-all category that Illinois law defines as "he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery." "Battery" involves when someone has been physically touched/ harmed, such as by a person or an object.   Illinois law lists many acts that turn an assault into an aggravated assault. Included among these is wearing a mask.  





In other words, if you scare someone into thinking they may be physically harmed, while you are wearing a mask, it may be aggravated assault in some states.  



Illinois Penal Code:  720 ILCS 5/122. Sec. 122. Aggravated assault. (4) Wears a hood, robe, or mask to conceal his or her identity.

Disorderly Conduct:  States and municipalities have laws against disorderly conduct.  Even if your protest is legal, any person’s actions maybe illegal if they are disorderly.  In some places, such as Chicago, not following police directives to disperse is disorderly conduct

Unlawful Assembly:  California’s law, quoted below, is typical.  An assembly is no longer peaceable or legal if it is done in a manner that is violent, boisterous, or tumultuous.  When an assembly crosses this line will be open to wide personal interpretation.  If people are shouting or running around, it would be easy to call an assembly boisterous or tumultuous. California courts have interpreted boisterous and tumultuous to mean that it may imminently turn violent.   

California Penal Code Section 407.  Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.


Flash Mobs: Flash mob protests are probably "unlawful assembly" wherever they happen, and even moreso if masks and running are involved.  If what you are doing is likely to scare people or make them think a place is under attack, then you must know .. it is illegal.   ("Flash mobs" here does not mean dancing flash mobs done for fun in public places.)  See: Flash Mob Protests.

Closing Time:  In most municipalities, parks close at night.  Some public plazas may close at night, if there is good reason for this, such as for safety or cleaning.   Most public sidewalks are open all night.  However, that brings us to sound.

Sound/ Noise:  Most municipalities have restrictions on sound or noise out on the streets.  Many places have laws that restrict the use of sound amplification systems.   Check the law before you go using megaphones or an amplifier.
      

Where to Peaceably Assemble

Let's look at the different types of places that are present in most cities.  First Amendment Peaceable Assembly rights apply differently in these different types of places.

Spaces in cities can be divided into basic categories:

1) Inside public buildings, such as City Halls, libraries, etc.

2) In the publicly-owned street. (as opposed to the public sidewalk)

3) on the publicly-owned sidewalk.

4) in a publicly-owned plaza that is open to the public.

5) in a publicly-owned park.

6) in a POPS –  a privately-owned public place, which is a category that is created by zoning law in some municipalities where a developer builds a public space, such as a park or plaza, in exchange for being granted the right to build at higher density than normally allowed on that lot.

7) Privately-owned places to which the public is invited.  This includes places such as shopping malls, wide sidewalks by stores, outdoor cafes, seating areas outside businesses, private parks, private trails, etc.

8) Privately-owned places to which the public is not invited.   This includes places such as homes, yards, private college campuses, private schools, churches, medical facilities, offices.

9) Inside or on the grounds of a public college or public university.

10) Inside or on the grounds of a public high school.

11) Inside or on the grounds of a public grade school.

12) Publicly-owned airports.

13) Publicly-owned transportation facilities, such as publicly-owned bus depots and train stations, as well as on-board public buses and trains.

 The types of laws regarding protests that usually apply in these types of places:

1) Inside public buildings, such as City Halls, libraries, etc.
Most municipalities do not allow protests inside public buildings.  Protesters can attend City Council or other meetings that are open to the public, but they have to follow the rules that apply to everyone.  That means being orderly and quiet, and signing in to speak and observing time limits.  Signs may be prohibited inside a building or at a meeting, but the rule should be written and must apply to all.   Many places prohibit the distribution of flyers or other materials in a library or public building.  

2) In the publicly-owned street.
If you want to hold a protest that takes place in the street, vehicle traffic must be closed off.  Cities always require a permit or approval process for this.  Some cities also require insurance coverage for the event.  Some cities bill for the cost of public services used.  Many cities limit the length of time of such a protest with street closure  to 2- 4 hours.  Permits are granted or denied based on specific written criteria that must apply to all applicants regardless of their message.  Keep in mind, however,  that since the permit is for peaceable assembly, the groups ability and willingness to be peaceable counts.  

3) on the publicly-owned sidewalk.
 The public sidewalk is the MAIN place to hold protest marches.  In most municipalities, you can protest on the public sidewalk without a permit.  You cannot block others from using the sidewalk.   That means you can take up about one-half the width of the sidewalk and must be courteous to others trying to use the sidewalk.  You cannot step into the street or block traffic.  In most places, you cannot sit or lie down on the sidewalk.  Most places do not allow any items to be placed onto the sidewalk, such as tables, chairs, tents.  Some bigger cities, such as Los Angeles, allow sleeping on the sidewalk during specific hours at night.

Most places prohibit any protests near medical facilities or churches.  Many places have quiet zones, where no noise can be made near or in churches, schools, senior citizen homes, or other such places.  The laws regarding protests near medical facilities are often very specific and meant to protect women seeking abortions from being harassed and endangered by protesters.  

Most places have noise restrictions that limit or prohibit the use of sound amplification systems, such as public address systems, megaphones, or loudspeakers.  Check the local ordinances on this.  Most places also place limits on how much noise a performer can make and when.  This applies if your protest has drummers, as most do.  Also, most places even further restrict or prohibit any loud  noise at all from the evening to the next morning.   Check your local ordinances.  A typical no noise at night law may go from about 8 pm till 9 am.  Some places have greater noise restrictions on Sundays.  It is crucial to read and know the local laws on this. 

The right to protest outside of anyone’s house may be curtailed.  That’s because harassment is NOT part of Free Speech.  If what you are protesting is directly tied to the location, it might possibly be allowable.  Each situation will be different based on the facts and local and state laws of the location.  Be prepared to explain why you are protesting there.

Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.  So in Illinois, it is illegal to "picket" outside a public official's home, because the home is respected as a sacrosanct refuge.

4) in a publicly-owned plaza that is open to the public.
These are usually plazas that are connected to a government building or on the town square.   If a plaza has mostly stores or businesses on it, it is probably not a publicly-owned plaza - you need to check to see if it is part of a privately-owned shopping complex, for example.  If you protest in a public plaza, you have to follow the same laws as everyone else using the plaza, such as closing time.   Many public plazas prohibit sleeping or lying down.  See the rules above for public sidewalks, because the same sorts of rules apply.    

5) in a publicly-owned park.
Parks usually fall under a separate set of rules.  Parks are often ruled by a separate department of a city.  In some cities, such as New York, plazas are grouped with parks.  Also, in some cities, certain parks have a special set of rules.  In particular, different parks in the same city often have different closing times.  You need to check the laws and rules before you plan to hold anything at any particular park.    Many cities require a permit for any group over a certain size in the park.  Most cities prohibit any camping in a park, unless the park is designed for camping.  Some parks prohibit any tents at any time, or require a permit for any tent.  Some parks prohibit sleeping in a park at any time.  Most parks close at a certain stated time.  Most parks prohibit the use of any sound amplification system without a permit.  In other words, if you want to hold a protest in a park, you almost surely need to get a permit.    

6) in a POPS –  a privately-owned public place, which is a category that is created by zoning law in some municipalities where a developer builds a public space, such as a park or plaza, in exchange for being granted the right to build at higher density than normally allowed on that lot.
The rules regarding a POPS will depend on the provisions under which the POPS was created.  If you want to hold a protest in a POPS, contact a lawyer to help you.

7) Privately-owned places to which the public is invited.  This includes places such as shopping malls, wide sidewalks by stores, outdoor cafes, seating areas outside businesses, private parks, private trails, etc.
Generally, there are no peaceable assembly rights in these places.  If a place is private but appears to be a public park, there may be some First Amendment rights.  It all depends on the history and situation of the exact place.  If you plan to do this, get help from a lawyer.  

 A private shopping mall has no  First Amendment rights.  However, in California and New Jersey and possibly a few other states, there may be free speech rights that arise, not out of the First Amendment of the U.S. Constitution, but rather out of provisions in the State constitutions.  These State provisions are subject to revision or reinterpretation by the State courts.   In California, for example, courts allow leafletting in private shopping malls to which the general public is invited.  This right is subject to reasonable rules made by the malls.

Mall  management in California  has countered this situation by posting little signs at the mall entries stating that the mall is for use by patrons of the businesses in it and that trespassers are not allowed, with the intent of limiting the mall as a public forum.  In other words, the general public is not invited.  Malls in California  also counter the "public forum" notion by programming their own space with events, such as music performances or appearances by authors, thus making their hallways and open areas into commerce areas.

Malls in California have also instituted their own permitting processes and their own time, place, and manner restrictions, as allowed under the court rulings that interpreted a right to some free speech in private shopping malls.  This seems only logical, for if a private shopping mall is to be treated by the State of California as a free speech forum, then it follows that the mall has the right to impose its own reasonable time, place, and manner restrictions.   California mall managers have been advised by lawyers to require leafletters to fill out an application in advance, and have them give names of all who will participate, provide copies of all materials and signs, to disallow any gory or inappropriate materials, to disallow any lights or sound amplification, to assign a time and location for the leafletting, to require insurance coverage and a fee.  

In most states, in a private shopping mall, there are no First Amendment assembly rights, nor any similar rights conferred by the State Constitutions. (see notes just above about shopping malls in California.)

 A privately-owned outdoor park or plaza that is open to the public might have some First Amendment rights.  These laws develop and change over time.   For a while in the past, any outdoor place that looked like a park and functioned as a park was considered "public," with First Amendment rights.  Today, that view has changed.  If you want to leaflet or hold a protest in any  park or plaza, determine first if it is public or private.  If it is private and you want to hold a protest there, please confer with a lawyer.  You might also try calling the management of the place and asking. They might tell you of a permit or application process, or they might tell you it is off limits to free speech activity.

   The best bet for a legal protest location is always the public sidewalk or a plaza adjacent to a major public government building. 

8) Privately-owned places to which the public is not invited.   This includes places such as homes, yards, private college campuses, private schools, churches, medical facilities, offices.
Private places do not have to allow any  protest activity.   At private college campuses, people often take the First Amendment activity to the public sidewalk on the perimeter of the campus.  Some private colleges try to limit the First Amendment rights of their students on and off campus.  Check the rules, check the laws, check with a lawyer or rights group.  If you pay to attend a school that tries to restrict your basic rights off-campus, perhaps you should transfer to a different school?

Also, if you plan to protest on the public sidewalk near a church, school, or medical facility, you must check the State and Municipals laws.  Some places have laws that restrict the hours and the manner in which such a protest may happen. 

Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.

9) Inside or on the grounds of a public college or public university.
Public colleges and public universities are places where there are some free speech rights, but these are not unlimited.  Universities are generally allowed to limit protest groups to students only and can consider non-students to be trespassers.  Universities are also generally allowed to limit peaceable assembly protest to certain proscribed “free speech” areas in order to protect the State interest of providing orderly education.  In many cases, these areas are too small or in inconvenient or undesirable locations where the protest will not be visible to the public.  By my observation over the years, I would say that most student protests that get “out of hand” do so if the university administration is not respecting the First Amendment rights of the students, rather than from the administration failing to adequately contain the protests.   The main problem most student protest leaders face is university discipline, where universities may attempt to expel or suspend them from school.  If this sort of thing is happening to you, get help from a lawyer or rights group immediately.  Let me repeat: Get help immediately because university "justice" systems are notoriously lacking in due process and even more lacking in unbiased decision-makers.

10) Inside or on the grounds of a public high school
Public high schools are allowed to be highly restricted places.  In most cities, non-students are not allowed on the premises for any purpose, other than official school business .  In most cases, no protests are allowed on the grounds of a public high school.  If you can determine where the actual public sidewalk is that is on the perimeter of a public high school, you may be able to flyer or protest on that public sidewalk.  However, you need to check the laws, because there may be a provision against making noise or causing a distraction or gathering for any purpose near a public high school, particularly during school hours or any time students are present. In any case, any protest must be held on the public way, not on school grounds.

You also need to check the school or district rules.  I have seen a school rule at a Los Angeles public high school that prohibited the possession of flyers by a student, even in a locker or backpack.  Believe it or not, the same school had a rule that prohibited a student from possessing a graffiti-style drawing, even inside a notebook.   The school claimed the rules were needed to ensure an orderly education in a school that supposedly had a history of gang activity.  ( "Gang" is the magic word.  If a school or municipality claims a rule is in place to ward off gang activity, it can install almost any intrusion upon freedoms.)

11) Inside or on the grounds of a public grade school
Same as public high school, but with stricter controls still.  If the protest is the parents protesting against budget cuts or some such thing, they should plan carefully to be at a time and location where they will not interfere with the learning process or distract the children or cause any danger or confusion that interferes with children’s’ safety.  In any case, the protest must be held on the public way, not on school grounds.  That means on the publicly-owned sidewalk out by the street.

12) Publicly-owned airports
Most municipalities give an airport administrator the right to control time, place, and manner restrictions on First Amendment activity within an airport.  The airport may be divided into different zones, ranging from restricted to limited.  For example, an airport may have specific spots where free speech activity may be conducted by a given person or small group for a limited amount of time during specific time slots.  Check with the airport to find these rules.  As for holding a major protest at an airport – that sounds like a good idea if you want to end out incommunicado in a hidden cell in the custody of Homeland Security.  Try it and let me know how that works out for you. 

13) Publicly-owned transportation facilities, such as publicly-owned bus depots and train stations, as well as on-board public buses and trains 
See the rules above for airports, except they are more likely to call the local police or their own security force.  You need to find and read the laws and rules.   Messing with public transportation these days is likely to end in arrest or at the very least, getting kicked out.   If you plan to protest in public transportation, check with a lawyer on the specifics of the exact place.  If you want to contact the office of the station or transportation agency, they will tell you their policies.