Showing posts with label peaceably assemble. Show all posts
Showing posts with label peaceably assemble. Show all posts

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


Plazas – Daley 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:
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Occupy Protests and the First Amendment

 Occupy Protests and the First Amendment
by Sue Basko

UDATE NOVEMBER 12, 2001:  Yesterday, Occupy Santa Rosa was granted a camping protest permit by vote of the Santa Rosa, California City Council.   They were granted a permit for 100 tents, with the permit renewable every 2 weeks.  Santa Rosa is a gorgeous place, so this is sure to be a wonderful Occupy protest.  

UPDATE (Oct. 27, 2011) - OFFICIALS in Irvine, California decided last night that they think Occupy protest tents are part of free speech.  Stay tuned on this.   ALSO last night, five San Francisco officials from the San Francisco Board of Supervisors came to Occupy SF, amidst great tension because police had been seen amassing on busses in riot gear.  The officials used the peoples' mic to give a press conference and speak to the crowd.  They showed their support and stated they were there to prevent a situation such as happened the night before in Oakland, CA.
   

The First Amendment to the U.S. Constitution says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."  States and cities are allowed to limit the time, place and manner of free speech and assembly, as long as the limits are content neutral and are geared to public welfare and safety or for legitimate public interests. 

With the Occupy protests, the question has come up whether a City can close a park at night, or if the City must allow protests to carry on all night.  The answer is that Cities can close the parks at night, as long as this is a content neutral law.  In most cities, the law is just the law and it applies to everyone, unless they work out some kind of special deal to stay in the park later, which usually involves getting a permit and paying for security and other expenses.  For example, in Chicago downtown parks, I have seen some special events going slightly past closing time (till midnight rather than 11 pm),  but those events were carefully planned with the City far in advance and expenses were covered.

Chicago: Last night (Saturday October 22), the Chicago police arrived at Occupy Chicago in Grant Park and announced the park was closing and anyone who did not want to get arrested should move to the public sidewalk and that those who remained in the park were going to get arrested.  The public sidewalk is right next to the park and so most people just moved onto the public sidewalk.  A large group with drummers moved just across the street.  About 130 people stayed in the park, and the police arrested them.  No one resisted arrest and the whole thing was very peaceful.   

The City of Chicago was not violating anyone’s  First Amendment rights by enforcing park closure at the stated closing time. People chanted, “Whose park? Our park .”  That is not exactly accurate.  It is a park owned by the people of the City of Chicago, and run by the City for use in ways that provide the most benefit to the people of the City.  That includes scheduling what happens when and where.  Chicago’s downtown parks host many music concerts and festivals, sports, and a wide array of events of all types.  Lollapalooza, the giant rock music festival, rents out the southern end of Grant Park for several days each year.  Millennium Park, also downtown, hosts popular free concerts that bring in crowds so gigantic that the park entrances have to eventually close off to any more entry because the space is at capacity. Grant Park also hosts Blues Fest, Jazz Fest, and Taste of Chicago.  Millennium Park hosts a series of free world-class symphony concerts as well as exhibitions of giant, fascinating art.    All this takes complex planning.  Other areas of the downtown parks are set aside as quiet gardens, seating areas, fountain areas, and other areas for peaceful contemplation, reading a book, or quiet visiting with friends.   So when a group of a few thousand people shout “Whose park? Our park,” the reaction is sure, you can protest there until the park closes at 11 pm and then you need to take it elsewhere.

Please see Where You Can Protest in Chicago and How.

Getting Perspective:  It is easy when you are in a protest group to believe that your group or your cause is the most important thing in the world or that everyone does or everyone should belong to it.   

 Keep in mind that in a big city like New York, Chicago, or Los Angeles, there are different groups protesting each day.  Yours is not the only protest group – not by far.  Each weekend, there will be major protests.  Each group has its special interests.  Each group believes their viewpoint and goals are crucial.   Cities have to accommodate all the protest groups, not just yours.  Most major cities have a system worked out for how they accommodate protests.

Try dropping by protests of groups you don’t belong to, groups protesting about things far removed from your experience.  It will help give you some perspective.  You will start to understand the level of responsibility the City and the police have in enforcing basic laws in the context of protesting.  Also, if you are white and educated, it may make you think about your privilege.  You may think your group should be allowed to protest all night in a downtown park.  Would you feel the same way if a group of Blacks or Arabs decided to stand all night in the park shouting, set up tents, and claimed the park was theirs?  Or would you be relieved when the cops kicked them out?   If you are with a group you consider progressive, do you think other groups, such as neo-Nazis, the KKK, or the Westboro Baptist Church should also have the right to stay in the parks all night?  That is what is meant by content neutrality: if your group were allowed to protest all night in the park, all other protest groups could protest all night in the park.  

A protest group can influence positive change.  Many or most positive societal changes begin in such ways.  Protest is important.  Just keep in mind that time, place, and manner restrictions do not violate First Amendment rights if they are the least restrictive way to meet a legitimate State goal (such as keeping the parks nice) -- and that the restrictions apply to all groups.        

Why Do Cities Close Parks at Night?  Chicago's first park lands were purchased and planned back in the 1860s  to provide a green area respite from the noise, dirt, and congestion of the streets.  Those living in apartments and congested areas of the city use the parks as their place for fresh air, contemplation, relaxation, exercise and sports.  Parks close at night for a lot of reasons.  One is to prevent crime, such as rapes, robberies,  assaults, drug dealing, trash dumping, gang activity, and very serious things such as the dumping of murdered bodies.  Another is to prevent drifters from making it their home.  Another is to give the space a time to rest, give the grass and other plants a time to breathe without humans on them.  If there are sprinklers, they often come on at night.  Also, night-time closings are a good time for cleaning and repairs, which are often done late at night or very early morning.  Closing at night also gives a somewhat more natural environment to the birds and animals there, who do better with natural rhythms that involve some quiet and dark.  All in all, closing at night gives the parks a rest and keeps them in better, greener condition for use by all.

Who Decides What the Constitution Means and How Do they Decide?  It is said that the Constitution is the supreme law of the land.  Then people ask:  How is it that a petty park closing law can trump the Constitution?  States and cities are allowed to make laws that limit the time, place and manner of peaceable assembly or free speech, if the laws are content neutral and if they are for some important state purpose in the public welfare.  For example, I just listed above many reasons why cities often close parks at night.  Sometimes people who are arrested under one of these laws will challenge the law.  If they keep challenging it to a higher court, they may get to the point where they can challenge it before the U.S. Supreme Court.  The U.S. Supreme Court gets to decide if it will or will not hear a certain case.  When the Court rules on a case, it usually sets a precedent in law for similar situations.  Therefore, the Court chooses cases that seem important and like they will affect many people.  

The people on the U.S. Supreme Court are called Justices.  There are 9 Justices on the U.S. Supreme Court.  They are appointed by the President and approved by Congress.  Once a Justice is on the Court, they are on for life.  Once in a while, a Justice retires for health reasons.  Being a Justice is a very lofty position.  People talk about conservative or liberal people sitting on the Court.  It is very important who is appointed to the Court.  There are certainly people sitting on the Court at any given time that some people think should not be there. 

The issue of whether parks can close at night is firmly settled and clear.  This does not interfere with anyone’s freedom of speech, because they can go anywhere else and keep speaking.  It does not interfere with anyone’s right to assemble, because they can assemble on the public sidewalk all night long, they can come back during park hours and assemble there then, they can rent a meeting room and talk all night if talking all night is what they want to do, and on and on.

I heard some young men saying they wanted to challenge the park closing laws in court so they could set a precedent.  Theoretically, this is possible, although for such a case to wind its way to the U.S. Supreme Court would likely take more than 10 years and cost millions of dollars in legal fees.  Then, the Court would not likely hear the case, since the right of Cities to close parks at night is firmly established.     

Camping or Sleeping Out in City Parks or on City Streets:  Most cities do not allow camping, other than in designated camping sites, if the city has any.  This will be found in the municipal ordinance of that particular city.  Cities define “camping” in different ways.  Some codes define camping as  any use of a tent or sleeping bag in a park or on the public way.  Some codes prohibit public sleeping.  Some codes prohibit lying down on a sidewalk.  If you are trying to plan an Occupation protest, or trying to figure out your chances of being arrested, you need to know all the pertinent parts of the law.  All these factors will come into play: Park closing time, sleeping, camping, use of the public way.

Or, if you are planning to use a plaza, you need to know:  Is this plaza a "public space" or is it private?  Is the plaza part of a park?  Parks almost always have different rules than the public sidewalk or a public plaza.  Then you need to know the rules regarding sleeping and/or lying down on the sidewalk or plaza.  You also need to know the laws about camping or tents.   You will find these things scattered all throughout a typical municipal code.  Your best bet is to skim the entire municipal code and read carefully any pertinent part.

Does Not Being Allowed to Camp Out as Part of a Protest Violate Our Freedom of Speech?  The U.S. Supreme Court ruled in Clark v. Community for Creative Nonviolence (1984) that free speech expression is not violated when municipalities or parks have laws that prohibit protesters from camping in the park.  The Court found that the laws were intended to protect the park environment and were applied to all people, not just protesters, and that the protesters had other means by which to express their ideas.

Read the note above that the City Council of Irvine, California announced that they view camping with a tent as part of a First Amendment protest right.  The City has a right to decide this, as does any city.  However, the interpretation must be content neutral.  This means Irvine will not be able to deny another protest group the right to camp based on their protest message -- although they may be able to deny another group the right to camp based on other factors, such as poor planning.

Some Cities have Occupation Protests Going.  How?  The ability to hold an Occupation legally usually depends on a quirk in the law or in bargaining with the municipal officials to allow it.  

New York: For example, at Occupy New York, Zuccotti Park is open all night, camping is not allowed, but sleeping is not prohibited.  So the protesters are sleeping all night on the sidewalk, but without tents.  Many of them are getting sick.  But they are allowed to stay there by following the technicalities of the law.  (Update:  Tents are now present in the park.  Update Nov. 15 2011: Protesters were removed from the park, tents and facilities were destroyed, protesters allowed back in with no tents or sleeping bags, no no lying down allowed, and park now closes at 10 pm.)

Smaller Cities: In some smaller cities or towns, people who want to hold an Occupation protest overnight are bargaining with their local officials to permit a limited-time overnight protest, for example, for a weekend.   Some people think this is corny or defeats the purpose or idea of an occupation, which they think must be the taking or conquering of some territory.  This possibly has to do with so many Occupy participants being  recent military vets from the wars in Iraq and Afghanistan.   They are home from the war now, but they are still thinking strategically in terms of seizing territory, encamping,  and occupying.  The average protester usually wants to attend a protest for a few hours and then go home and take a shower and sleep in a bed.  The idea of making a protest into a home and a lifestyle is somewhat new, I think.  (Update: I have since hear of the Bonus Army, which  set up camp in Washington DC after World War I to protest not being paid promised bonuses.  Their protest was violently crushed by government forces.)    It is a sign of how desperate people are with the current bad state of our economy and society, and how badly they want major change.  Still, for many groups, a bargained-for short term  Occupation protest works, is peaceful, and gets people thinking about change.   It may not be an occupation in the military terms of an occupation, but as a protest, it works.

See: 25 Ways to Occupy Without Camping
See: Occupy Santa Rosa Permit Conditions for discussion of a permitted Occupy protest.

Los Angeles: Los Angeles law does not allow camping, and parks close at night.  However, there is a court case settlement that allows sleeping on the sidewalk from 10 pm to 6 am.   Occupy LA made use of this and then after several days, the City allowed the protesters to keep tents on the park space at night. However, the lawn has sprinklers that have been damaged, the grass is now dry, and this may pose a situation where the protesters will have to be asked to leave since dry grass poses a serious fire hazard in Los Angeles.  Also, although smoking is prohibited in all Los Angeles parks, some protesters at Occupy LA are smoking.  The combination of flammable tents, dry grass, and cigarettes and matches may force the Fire Marshall to end the tent city.  Update:  Occupy LA was raided on Nov 30, 2011, the park was fenced off.  The group now meets on City Hall steps for  GA several times per week, with many protests and activities taking place each week.

This is another example of how law works: A Fire Marshall is an official who must make determinations of safety and has the power to revoke permits or close events.  For example, there is a weekly Farmers Market that for years has held a permit and used the space adjacent to the filled with tents by Occupy LA.  Last week, the Fire Marshall determined that since some of the Farmers Market vendors cook and use flames, that this could not take place within 100 feet of the tents.  That is good decision-making for safety, since tents are highly flammable, people are staying in them, and the grass is very dry.  All it would take is one misplaced spark for the whole thing to ignite.  The Fire Marshall moved the market to a nearby location away from the tents.

Fire Marshalls and Safety Inspectors:  When the Fire Marshall is doing his job, he or she is empowered to make determinations for safety.   Most cities require large group gatherings to get permits.  Part of the permit process is inspection by the Fire Marshall as well as by building inspectors.  This is all content neutral – that means, these people show up to inspect  for safety, whether you are running a protest, a movie premiere, a sporting event, or a street concert.   Generally, what they inspect will include any structures, such as stages or platforms; anything overhead, such as lights, poles, domes, big tents; any large props or puppets or mechanisms; and anything made of paper of fabric, checking to see if it is fireproof and if it is hung or suspended properly.

Food Safety: Another area of inspection at an Occupation protest has to do with food service.  The same laws apply to food service at a protest as would apply at a street festival or church carnival.  It is content neutral.  They don’t care what your political agenda is – they want to be sure people are not going to get food poisoning.  That usually involves having some kind of food service sanitation permit or licensing as well as having facilities to keep food sufficiently hot or cold, which an inspector measures using a thermometer.  Food inspectors are not violating your right to peaceably assemble, they are just making sure you do not all end out assembling in an emergency room with food poisoning. 

Rights Violations:  It is possible, though rare today, that a municipality will enforce laws based on the content of a group’s message.  If that is actually happening, contact a lawyer or rights group.


To help you understand the process of running a protest, please see these other posts:
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