Showing posts with label peaceful protest. Show all posts
Showing posts with label peaceful protest. Show all posts

Protest Questions & Answers



Protest Questions and Answers

by Susan Basko, esq.

The following are some of the many search terms that people have used this week to get to this site.  I will take these as questions and try to answer.  I am taking them exactly as written, typos and all.

1. peaceful protests where people got arrested -
Answer: Protesting is legal.  It is our Constitutional right.  Very few protesters are arrested, overall.  If a protest is peaceful, arrests are not likely.  However, even at a peaceful protest, there can be people doing things that get them arrested.  In addition, if a protest runs for too many hours, often police begin causing trouble, randomly attacking and arresting people.  If you want to run a peaceful protest, keep it to 2 hours maximum.  If you want to keep yourself safe at a longer protest, leave after a reasonable amount of time before people and police get cranky and start doing things they should not.


2. fbi infiltrate seattle protestors  
Answer: I don't know anything about this, but it would not surprise me.  You might want to google this and see what information is out there.


3. "facebook" and "doxbin" 
Answer: Facebook is a major social media. Doxbin is a type of site usually used by hackers, stalkers, or people engaged in violent crimes.  Some of the people that are involved in Doxbin crime sites have Twitter and/or Facebook accounts. 


4. california unlawful assembly required announcement  
Answer: In California and most other places, if the police decide that a protest is an unlawful assembly, they are supposed to make an announcement over loudspeaker or shouted if there is no loudspeaker.  They are supposed to repeat the announcement as many times as it takes and from different locations so that everyone has a chance to hear it.  The police might not do all this, though.  In the announcement, the police officer will state that the protest or gathering has been declared an unlawful assembly and that people must leave or they will be subject to arrest and to weaponry.  The announcement is supposed to tell which direction people are supposed to walk to leave.  Many (most?) people at a protest do not know which direction they are facing, and often to do not know the name of nearby streets.  So when police announce that people are to "walk West on Smith Street," most people won't know where that is.  The order to leave an unlawful assembly is called an Order to Disperse.  That means to leave and go home.  When an order to disperse has been given, police are supposed to allow protesters to leave and not try to kettle them or capture them.  If you do not obey an order to disperse, or if you are caught in a crowd that cannot quickly leave, you may experience tear gas, pepper spray, LRAD (a sonic weapon), rubber bullets, flash bangs, etc, as well as face being arrested or kettled.

5. giving dispersal orders during a unlawful assembly  
Answer: See the answer to #4 above.  It is the same in many states.  If an unlawful assembly has been declared, the police are supposed to announce that and give an order to disperse, followed by telling people where they need to walk to leave the area.


6. what happens if you're arrested at a protest   
Answer: Usually they put zip ties on your hands, usually too tightly, and they make you stand around or sit around waiting to be transported somewhere.  Then, usually they put you onto a hot bus and make you sit on it for hours.  Then, they usually take you someplace to be processed, maybe a jail, maybe some impromptu place.  Then, they hold you for hours or up to a few days and let you go, either based on your identification or based on bail money.  Usually while you are being held, you will not have water, food, or a chance to go to the bathroom.


7. anaheim protest live  
Answer: I don't know anything about this.  There are protests all over the place, including Anaheim.


8. are peaceful protesters getting arrested 
Answer: Yes, that happens sometimes. Most peaceful protesters do not get arrested, but some do.


9. arrested protester being denied insulin   
Answer:  If you are arrested at a protest, you will almost surely not be given any medicines, even if you need them.  If you need medicine, let the police know right away and maybe they will let you go home instead of arresting you.  Giving you any medicine while in custody will require either that you have it with you and then being allowed to take it, or the police would have to bring you to a hospital for a prescription, and they are extremely unlikely to do that. If you are in medical need, it is probably best to avoid going to any protest that might get out of hand. 

10. can you sue if you are hurt protesting  
Answer: Sometimes protesters who have been injured by police by excessive use of force have sued the police and on rare occasions, they have won.  If a protester is hurt by the negligent or criminal acts of another, such as being run over intentionally by a car, they might sue the person that did it.  Anyone in such a situation should speak with a Civil Rights lawyer or possibly a personal injury lawyer.  They will evaluate your specific case for its facts and apply those to the law and then tell you if they think you have a case or not.   Try to keep out of the way of trouble at a protest.  In the George Floyd protests, it has been reported that police have shot many people with rubber bullets.  Rubber bullets are extremely dangerous and should never be used to disperse a crowd. During these protests, it has been reported that numerous people have lost an eye after police shot them in the eye with a rubber bullet.  Rubber bullets should be banned from use in protests.


11.  cost of getting out of jail after protest  
Answer: This can range from simply showing your identification all the way to thousands of dollars.  It depends on what basis you were arrested or what you have been charged with.   It also depends what "game" the police are playing at the moment.  Maybe they're going to hold you on a hot bus for a few hours and let you go.  Maybe they are going to take you to jail and make you go before a judge to set bail.  It all depends.  If people have to pay bail, it will be based sometimes on the set bail amount for that charge.  It also depends on the state and even on the county.  For example, failure to disperse can bring different bail amounts in different counties in the same state.  Usually overall, most protest arrests will be no bail or a few hundred dollars, though some can be significantly higher.


12.  la city rules for protests and marches   - 
Answer: Use the search bar on this site on the right hand side bar near the top.



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Permits for Protest Marches



Permits for Protest Marches
by Sue Basko


 U.S. Constitution First Amendment 
"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."

When we protest, this is what we are doing -- exercising our freedom of speech, peaceably assembling, and petitioning the Government for a redress of grievances.

Please note the word "peaceably."  This blog tells how to peaceably assemble for a protest.

Although we have the right to free speech protest, our local laws are allowed to limit the time, place and manner of such protests, to balance the rights of others and the safety of the community.

This blog aims to take the mystery and fear out of public protest.  

Public Protest Primer
The safest bet in choosing a legal location to hold a public protest is a march on a public sidewalk or a rally (gathering) in a publicly-owned plaza adjacent to a government building.

 Most public protest takes the form of marches.  This is when a group of people gather and walk, often holding signs or chanting refrains, usually in a call-and-response style, or singing.

A rally is a gathering of protesters in one place, usually to listen to speakers, play and listen to music, etc.  Often, a march ends or begins with a rally.  A rally is often held in a public plaza or on a closed-off street.  A rally almost always requires a permit and significant advance planning, since items such as stages must be inspected for structural safety, toilets must be provided, and traffic usually must be rerouted.  A simple rally in a public plaza, without structures, may not require a permit.

We can protest march on the public way without a permit, as long as we let others also use the sidewalk and as long the protest does not interfere with the normal flow of traffic.  This generally means that your protest can take up half the width of the public sidewalk or part of a public plaza.  That brings up two topics: 1) What is the public way?  and 2) What interferes with the normal flow of traffic?

Update, July 2019: Three additional points that were left out of the original version of this post: 

 1) If a protest is taking place spontaneously and rapidly in response to something that happened, international law says that protesters have the right to take the streets.  However, keep in mind, the local police may not agree. 

2) There is a big difference in planning a protest for 100 or fewer people versus planning a protest where you expect thousands of people to attend.  If you are planning a protest where you expect a very large gathering of people, then a permit is more likely required.  You should plan your location and logistics in accord with the city services you will require, such as police, EMTs, a reserved plaza and/or streets blocked to traffic, plans for porta-potties, for which a permit is always required if they are placed on public land. Other things that spark the need for a permit include: a stage, a platform, a large tent, hanging large banners, a sound system, handing out food -- basically anything that can collapse, catch fire, or make someone ill.  These require a permit and usually require a public inspection for safety, just as would be done for a carnival or street fair.  In fact, if you are planning a big protest rally, you are best off to think of it as an event akin to a street fair.  A protest rally has more First Amendment protections than a street fair, but the logistics can be quite similar.  

 Also, consider your location -- in a small town, a protest that draws 100 people is a big deal.  In a large city, such as Chicago, Los Angeles, or New York, there are multiple good-sized protests happening every day!  Any protest, no matter the size, is meaningful and important.  

 3) Think of how those in wheelchairs can access your protest march or rally.  Think about parents with kids in strollers or walking.  Think about the elderly.  Think about those needing bathrooms.  Make these things part of your planning from the outset.  Try to have donated bottled water available for those who did not bring their own.  Try to plan any march so that it loops around and ends where it began -- so that people can easier get to their forms of transportation, whether it is a car, bike, train, bus, etc.  

What is the Public Way?

The public way is the publicly-owned sidewalk.  In some cities and towns, there are also publicly-owned plazas, and those are usually the public way.

What is Not the Public Way?

The public way does not include sidewalk owned by a private owner, such as a business or office or store.  Shopping malls are not the public way.  (Note: There are some free speech  rights in shopping malls in California and New Jersey.  These come not from the U.S. Constitution, but from the State Constitutions as interpreted by the State Courts.  Therefore, these are not "First Amendment" rights , because they do not arise out of the First Amendment of the U.S. Constitution.  Please consult a lawyer and read:  Time, Place, and Manner Restrictions on Peaceable Assembly.  In reality today in California, I think these rights are essentially theoretical, because California shopping malls today take steps to make their malls places to which customers are invited, but the general public is not.  Also, malls in California have instituted their own permitting processes and time, place, and manner restrictions.  Also, these free speech rights are probably not for "big box" stores, but for traditional malls where there is space that is analogous to the public way.)

Privately-owned plazas are not the public way.  Even if the public is generally invited to a space, such as a plaza, if it is privately owned, your First Amendment free speech rights do not extend there. (Please see the note above about the California shopping mall exception, which arises from the California Constitution, not the First Amendment.)   This can differ in a POP --  a privately-owned public space, which is an area for the public created in exchange for getting higher density in a zoning deal.  If you want to protest in a POP, talk with a lawyer.   Most shopping malls and plazas do not allow signs to be carried onto the property, do not allow anyone to pass out flyers, and do not allow protests.   They can kick you out for doing such things, or they can have you arrested if you refuse to leave or if you return.  (Again, see the California exception to this.)  

Are There Limits on Protesting on Public Property?

Yes, generally you cannot protest outside of a person's house. (This can be different for a public official.  Keep in mind that if the house is located in a residential area, there can be strict limits on noise, parking, etc. ) Illinois Criminal Code 720ILCS 5/ Art.21.1) specifically prohibits "picketing" outside anyone's residence, other than outside your own.  Other states may have similar laws.   There may also be limits on protesting outside of someone's place of business; harassment is not a protected form of speech, so what you are protesting and why you have chosen the location do matter.  Also, many locations limit or prohibit protesting outside a medical facility.   Many publicly-owned schools, especially grammar and high schools, do not allow protesters on the property.  There may be limits in parks; most cities require a permit to hold a protest in a park if the group has more than a given number of participants.  Common numbers are 25 or 50.  Check the municipal law.  Most parks contain protest activity to certain locations.  Most parks also limit or prohibit the use of sound amplifying devices, such as amplifiers or megaphones. You need to check the local laws and the rules regulating a place.  If you plan to hold a protest in such a place, you would be wise to consult with a lawyer first.

What Interferes with Traffic? 

We have the right to march in protest, and we usually do not need a permit to do so, unless we will interfere with the normal flow of traffic.  What does this mean?  Usually it means one of four things:

1) If you actually walk or stand in the street, you are interfering with traffic.  If your protest requires street closure, you need a permit.  

Think about this: If streets must be closed, traffic must be rerouted.  Bus routes and stops will have to be rerouted.  Signs will have to be posted in advance so bus riders know what to expect.  Driveways may need to be closed off.  Bicyclists will need to find different routes.  Businesses will be inconvenienced or lose business.  Schools may have students whose parents cannot reach them to pick them up.  If there are medical facilities on the proposed route, patients can be inconvenienced or endangered by not having access to the clinic or hospital.  If there is a fire station, you may be blocking its driveway.   Parking will have to be banned from the streets for that day.   Public works, such as working on cable, sewers, trees, or trash pick-up, will not be able to take place on those streets during your in-street protest.  ALL this needs to be planned and coordinated well in advance.  Your route will have to chosen very carefully.  In most locations, there is a "usual route" that is used for protests.  It is based on the factors just mentioned.

As you can see, an enormous amount of planning goes into closing off streets for a protest. 

2) If you will have a lot of people marching on the sidewalk, and if crossing the streets at the crosswalks is going to cause traffic flow to slow or halt, you may or may not need a permit.  If everyone in your march faithfully stops at each crosswalk and only walks when it is their turn, then you are not interfering with the flow of traffic.  However, if you are planning for a big group, it is wise to seek a permit.  You may also want to assign your own crossing guards.  Sometimes the local police will act as crossing guards.

3) If your group requires lots of parking spots and many cars will be circling around while the drivers look for spots, this might be considered interfering with the flow of traffic, if this is unusual for that location.  Check the laws of the local municipalities on whether you need a permit.

4) If the protesters are waving at cars or engaging in acts that will cause a stop-and-gawk response from car drivers, this can be considered interfering with traffic.  This, of course, depends on what is planned and how unusual it is for that area.  For example, if you are planning some sort of die-in or costumes or any other activity that may alarm viewers, then traffic should probably be diverted so there are no accidents.  Or the protest may need to be moved to a location without traffic.   Even though you do not plan to be in the street, if you are planning  something that could distract drivers, you should get a permit, because the nature of what you are doing is likely to interfere with traffic flow.

The issue came up of whether it is allowable to stand on a highway overpass to try to get the attention of drivers.  Driver distraction is the #1 cause of highway deaths.  This activity, of course, interferes with traffic -- that is the purpose of it.  A permit would be needed and it is highly unlikely one would ever be granted since that would be granting a permit to endanger lives.  We have the right to protest; we do not have the right to endanger lives.  Also, keep in mind that even if you have a legal right to protest, if the way you are protesting causes anyone to be injured, you can be sued for their injuries.

What Is a Protest Permit All About?

Local laws regulate the time, place and manner of protests.   This includes reserving a space for your group; helping you plan your route so it does not interfere with other events and uses; closing streets if needed; letting you know how much noise you can make at that time and location; providing police escorts if needed, especially to block traffic;  protecting your group and separating you from any opposing groups that plan to come and counter-protest; making sure there are adequate toilets and clean-up planned; arranging for City clean-up crews; and inspecting the safety of any stages or platforms or large props or other potentially dangerous items being used. 

The whole object of a protest permit is to make your protest successful and safe.

How to Get a Permit to Hold a Protest

Permits are issued by municipalities -- that is, cities and towns and suburbs.  You should contact them well in advance.  If you have trouble getting a permit or feel you are being denied one for unfair reasons, you should talk with a lawyer.  It is generally illegal for a municipality to charge an application fee for a permit for a First Amendment protest (except some charge fees for an application for a big protest that is more like a "parade."  However, a municipality may charge you for clean-up or repairs or other costs, if they would charge similarly for other groups and events.

Some cities charge an application fee for permits for a big protest that will close streets.  Some cities require those holding a large protest to have insurance coverage for the event. 

Please note that some experts in freedom of assembly say it is illegal for a municipality or other government entity to charge any fees for a large protest -- such as an application fee, insurance, clean-up, or being billed for police services, etc.  If you are planning a large protest, check into the practices in your area and consult with a local lawyer familiar with protest laws.

A municipality is allowed to deny you a permit to hold a big protest event if you or your group have a bad track record or if it seems  like you do not have the ability to successfully run your event.  Such things can be a past history of violating laws during your protests, past history of property damage, past history of blocking traffic,  past history of leaving flyers or stickers and trash, and other such things.  They will also look at how realistic your plans seem.  For example, if you want to block a mile of streets, and it sounds as if you may only have 100 people, they are not going to let you do that.  You can walk on the sidewalks for that.  Are your plans legal, feasible, safe, and workable?   Are you, your organization, and your people responsible?

Also, usually the office that handles the permits will want to talk in person to the main people of the group seeking the permit.  They will want to see if you seem logical, coherent, and well-organized.   Their concern will be whether it seems likely that you can run your protest in a safe and legal manner, without danger to the safety of people or damage to property. 

Steps to Getting a Permit for a Protest 

Check with the municipality where you plan to hold the protest.  Phone them and talk.  Most will want you to fill out a detailed application.  Many will want to meet with you in person.  If you are denied a permit, there is an appeals process.  Ask what it is and do it.   If you feel you are denied wrongly and need help, contact a local lawyer and ask for their help.

Protest Permits in Los Angeles

Los Angeles asks that permits be applied for 40 days in advance.  Any permits applied for less than 5 days in advance are routinely denied.  In Los Angeles, the same police office handles First Amendment permits and Film Location permits.  Other Special Events permits are handled by a different permits office.  Protest marches and film shoots both close off streets, interfere with traffic, make noise -- and cannot interfere with each other.

To get a protest permit in Los Angeles, you should fill out this
  L.A. PERMIT APPLICATION and bring it to:

Los Angeles Police Department
Special Events Permit Unit
1149 South Broadway, 5th Floor, Stop 932
Los Angeles, CA 90015
Phone: (213) 847-1640
Fax: (213) 847-1797 

Getting a Permit in Other Municipalities 
The first step in planning for a protest is to read the local municipal code of the place where you plan to hold the protest.  Many of these are online. Most likely, you will find it online linked to the official website of the city, town, or suburb.  If you cannot find that, google on the name of the town, the state, and the words "municipal code."   


You will want to read the pertinent parts of the municipal code.   For starters, look through the Code's Table of Contents for such sections as:  Permits, Public Assemblies, First Amendment, Protests and Parades, Streets and Public Ways, Noise, Sound, Amplifiers, Camping (if you plan an occupation),  Special Events, and other such possible topic headings.
Here is a link to municipal codes of many California cities: 

CALIFORNIA MUNICIPAL CODES.

 CITY OF LOS ANGELES MUNICIPAL CODE

The second step is to call the offices of the municipality and say you want to get a permit.  They will tell you how to go about this.  If you are given a run-around, persist.  If you cannot make headway, persist some more or talk with a lawyer.


Sum Up on How to Get a Protest Permit
1. Determine if you need a permit.  If you are staying on the sidewalk or on a public plaza and you don't have a huge crowd, you probably do not need a permit.  If you will interfere with the normal flow of traffic, you will need a permit.  If you plan to hold a large event in a park or plaza, you most likely need a permit.

2. Find the municipal code online and read the pertinent parts.  Search on applicable words and scan the entire Table of Contents.

3. If an application is required, find it online or go in person and get it and study it.  Figure out your answers.   

4.  Call the municipality and say you want a permit.  Ask about the process.

5. Fill out the application, go to the meeting with the officials in charge of permits, and follow through on what they tell you.

6. If you are denied a permit, find out how to appeal and decide if you want to do that.

7. Try to find a local lawyer to assist you, if needed.


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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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Starting an Occupation Protest:
Legal Considerations

Starting an Occupation Protest – Legal Considerations
by Sue Basko

Since Occupy Wall Street, or its corollary, Occupy NY, occupation protests have sprung up all over.  Occupy LA is the second largest “Occupy” protest in the U.S., and the most successful with the most positive impact and least amount of trouble.  It is also the one I know the most about.  This blog post explains how to go about setting up an Occupation protest.

What is an Occupation protest?  This is a protest that “occupies” a space. It might be a street or a park.  It might be a symbolic location, such as the Federal Reserve Bank at Occupy Chicago.  It might be a logical gathering place, such as City Hall Park, where Occupy LA is camping out.

Does an Occupation protest need to include sleeping out?  No, but many protest groups would like to try to do that. 

What else can an “occupation” be?   Since the purpose of an occupation protest is to call awareness to the dire financial situation and the need for change, an occupy protest can be anything that does that. Some examples are: 
  •  Having a round-the-clock protest vigil at a certain location, without actually sleeping there.
  • Having a daily or weekly protest at the same time and location.
  • Asking people in their homes to keep one light or LED candle burning in a front window each evening.
  • Having people hang a certain banner in their window in support.
  • Holding a weekly event to honor the cause – such as a bike ride, feeding the homeless, a sing-along or other such event.
  • Holding a monthly event with songs and speakers.
  • Having a website where people can weigh in and share their thoughts.

Planning a Sleeping-Over Occupation: 
Most Occupation protests that involve sleeping over are illegal.  They are illegal because most municipal codes do not allow sleeping or camping on the street or in parks.  Also, most parks have a closing time and Cities are allowed to enforce those things.  Some protests have been able to get a special permit or get the blessing of the municipality in which they are located. Some have been forced out, evicted, kicked out, or whatever term you like – often with many arrests.

Some occupation protests have been carefully planned so they are not technically in violation of the law. Occupy NY is taking place at Zuccotti Park, which a POPS (privately-owned public space), a place created for public use in a zoning deal where the builder trades greater density on the project in exchange for creating a public space. It is open 24 hours a day.  Although camping is not allowed, sleeping is not forbidden.  Therefore, protesters have been able to stay with sleeping bags, 24 hours a day.   Still, since the City has some control over the park, there have been moves to make the protesters leave, ostensibly for park cleaning.   Mayor Bloomberg has said the protesters can stay as long as they like. (Update: Tents are now present in the park. Update Nov.15 - Tents were cleared from the park again.  Also new rules say the park closes at 10 pm, lying down is not allowed, and no tents or sleeping bags are allowed in the park.  )

NOTE:  Zuccotti Park is a POPS - privately-owned public space. POPS parks and plazas come about as a zoning deal where a developer creates public space in exchange for being granted higher density in a building project.  Those spaces  have First Amendment rights because the owner has bargained with the City to create the space for the public.  However, a recent survey of POPS in New York City found that most POPS are not usable for any purpose, let alone for holding a protest.   


 When the Occupy protest first came to Zuccotti Park, the park had no closing time and there was no rule against lying down.   The protesters stayed all night and slept without tents.  Gradually, they started using tents.  Then, the camp was evicted from the Park, and the Park instituted new rules giving the Park a closing time and making it illegal to lie down.   There is a pending court case involving Zuccotti Park and the Occupy protests.  At this time, Zuccotti Park is being allowed to enforce rules similar to the rules of the New York City parks.  If this case follows logic, a POPS-created park such as Zuccotti Park would  be allowed to have reasonable rules, just as any New York City park does, such as closing time, not allowing camping, etc.  It seems logical that Zuccotti Park or any POPS park or plaza should be able to mirror the laws that apply to NYC public parks.  The court ruling will be interesting to read when it comes.  

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.  Note: in this situation, authorities allowed tents on site as a First Amendment expression, but decided that sleeping in the tents was not a First Amendment act.

Note: Since the Occupy protests began, some municipalities have said that they think camping out is a form of protest.  Irvine, California is one such place.  Some cities, such as Santa Rosa, California are giving approval for a camping protest under controlled conditions.  There, the camp is limited to 100 tents and each tent must have a permit.  To read the permit conditions, please read:  Occupy Santa Rosa Permit Conditions.

Does making us leave a park at closing time violate our right of Peaceable Assembly?  No, municipalities and States are allowed to place time, place and manner restrictions on the right to peaceably assemble, as long as the restrictions are content neutral and narrowly tailored to meet important government objectives.  Content neutral means the laws apply to everyone regardless of their message.  Cities can close the parks at night, and most cities do.  Some cities require permits for large park gatherings or for any use of a sound system.  Chicago, for example, requires a park permit for any park gathering of over 50 people and for any use of a sound system in the parks.

If you want to protest all night long and not have it end in possible arrest, you have to do one of these:  1) protest on the public sidewalk all night long (but not sleep there, unless you are in Los Angeles);  2) find a place that does not close, such as Zuccotti Park where Occupy NYC is happening (that is no longer an option in Zuccotti Park, as the rules have changed in Zuccotti Park) ;  or 3) cut a deal with local officials to let you stay in a park all night long, as has happened at Occupy LA, Occupy Santa Rosa, and other locations.   A good number of municipalities have agreed and backed the protesters, so do not think it is impossible.    If you are protesting on the street at night, the same laws apply as always apply on the street at night, such as curfew times for children and teens out without their parents, noise ordinances that usually prohibit any loud noise at night, parking laws,  and any other laws that normally apply.

What About Los Angeles?  Los Angeles does have a “tent city” going in City Hall Park.  Los Angeles is a special case.  The protesters at Occupy LA planned to “occupy” City Hall Park, a formal area of lawns, trees, and parquet brick walkways surrounding downtown Los Angeles City Hall.  No camping is allowed in Los Angeles, other than in designated camping locations, such as camps in mountain parks.  City Parks close at times ranging from 9 – 11 pm, and reopen in the early morning.  City Hall Park closes at 10:30 pm and reopens at 5:00 am. 

An interesting glitch in Los Angeles law allows people to sleep on the sidewalks from 9 pm to 6 am.  This is not contained in the municipal law, but is the result of a court case settlement between the ACLU and the City. The settlement was meant to stop the arrests of the homeless who were sleeping on the sidewalk because they had nowhere else to go.  The settlement applied to the whole City and to any person, and did not require any particular motive for sleeping on the sidewalk. This is not contained in the Los Angeles Municipal Code, rather, it is a separate court settlement that inactivates police enforcement of a section of the code.

 The “skid row” area of downtown L.A. has for years now turned into a tent city at night – and in the early morning, the tents’ occupants wake up, pick up their tents, and move away.  Many sleepers can also be seen on Hollywood sidewalks, usually with sleeping bags or bedrolls, rather than tents.  Many people sleep under freeway overpasses.  If you call the L.A. police at night to say a person is sleeping on the sidewalk, they tell you it is legal.

 In some areas of L.A., apartment building managers place old couches on the grass by the curb, waiting for trash pick-up that rarely happens.  These couches are soon claimed by sleepers.  In some neighborhoods, a nighttime walk can feel like tip-toeing through an eerie outdoor dormitory. 

I once saw a large conference table being discarded near the curb by a church in Hollywood.  The space under the table was quickly claimed as “home” by several people.  They had a roof over their heads, Hollywood style.  It’s not all Entourage fantasy in Los Angeles, though the people living under the table did have a view of the famous Hollywood sign up on the hill. 

Suffice it to say, Los Angeles has a strong tradition of sleeping on the sidewalk.  Occupy LA decided to occupy the park by day and move the tents to the sidewalks at night.  After several days of this, the City Council powers-that-be allowed them to keep their tents in the park at night.  So now, it is a tent camp on the lawn of City Hall Park. They have had to move from one side of the lawn to the other several times to accommodate a film shoot or other event.  Some nights, they have been asked to move the tents to the sidewalk so the lawn can be watered by the automatic sprinklers.

Occupy LA includes a food tent, a media tent that hosts live streaming video as well as creates short videos of Occupy LA events, a library tent, a medical tent, and a welcome tent that greets visitors and receives donations.  Occupy LA has its own volunteer security force, hosts many classes, runs a nightly General Assembly meeting, has hosted speakers and musicians, has a noon-time speaker series, and invites people out to local protests at banks or other locations.

Occupy LA has limitations.  Among the things not allowed in the park are cooking, fires, dogs, smoking, alcohol or drug use, and amplified sound.  These limitations apply always to all using the park, not just protesters.  Also, the food tent must get a permit from the Health Department, which is in process.  Porta-potties had to be furnished.  

Occupy LA has been officially endorsed by the Los Angeles City Council.  Most participants and supporters are delighted about this, while a few others complain about it.

How Can We Know if it is Legal to Sleep Over in a Certain Location?  Check the municipal code of the city or town of the park or location.  You can probably find the Municipal code online by googling on the name of the City, State, and “municipal code.”  In the municipal code, to find the applicable sections, search these terms: Streets, Camping, Public Way, Parks, Tent, parkway.  Also, go to the Table of Contents of the Municipal Code and read the header for each section.  You may find multiple areas that apply. 

Click to see: City of Los Angeles Municipal Code 

Click to see:  Municipal Codes for many California Municipalities

What if it is Illegal to Camp Over at Our Desired Location?  You can try asking the municipality to grant you permission, if it is land owned by the municipality.  Or you can look at different locations and see if any others have different laws that apply.  Or you can stage your occupation and risk being kicked out or arrested.  In some locations, police evicting protesters have damaged or destroyed items such as tents, sleeping bags, cooking facilities.  Or you can “occupy” in a different way that does not involve sleeping overnight. See the list above on different ways to "occupy" or invent your own way.  


Some Other Main Legal Considerations in a Sleep-Over Occupation Protest: 

Eating/ Cooking / Serving Food: One of the main legal and practical considerations is how people will be fed.  Is it legal to cook on-site?  It is legal to start a kitchen?  Does the food area meet health department requirements?  Several recent "Occupy" protests have had their kitchens or cooking facilities closed or dismantled by local authorities.  These are complicated issues.  In any case, your protest is more likely to last if you deal with these matters cooperatively when they come up.   Health authorities patrol street fairs and street vendors and they know what  is likely to make people sick.    The main issues seem to be having a sanitary food service area, whether licensing is needed, serving homemade food is often not allowed, temperature levels (hot and cold), whether hand washing or sanitizing is available and enforced, and whether cooking is allowed in the location.

Toilets:  Are they available?  If not, or if there are not enough, can you get porta-potties?  Do you need a permit to place them?  How many are needed for the expected number of people?  How often do they need to be serviced by the company?   Who will clean them each day?  This can be a big expense; how will it be paid?   Can you get and place wheelchair-accessible porta-potties?  For an event lasting a full 24 hours (round-the-clock), 4 porta potties per 100 people is recommended, if they are cleaned regularly.  Each porta-potty lasts for about 90-100 uses before it must be emptied.  Prices on porta potties differ greatly, depending on the amenities and style.  Over a 2 week or longer period for a large group, a simple rule of thumb is that rental of basic porta-potties and supplies needed will cost about $1.50 per person per day.  At an occupation protest, the porta-potties are likely to be the biggest expense, greater even than food, since much of that will be donated.   In almost all places, urinating or defecating outdoors is illegal.  And you cannot count on nearby businesses welcoming a steady flow of protesters in to use their bathrooms.   The success of your protest hinges on getting porta-potties.

Noise/ Sound:  Check the municipal laws and park laws and rules regarding noise, sound, and amplification.  In most places, the general rule is that  you need a permit to use an amplifier or megaphone outside.  Another general rule is that even with a permit, sound cannot project too far.  Generally that means that from a distance of 100 feet away, the noise cannot sound louder than a normal conversational tone. Another general rule is that constant or repetitive noise, such as drumbeats or banging noises, is only allowed for short periods of time in certain locations and not at night.   Another general rule is that noise is not allowed at night, which in most places is 9 pm, but may be an hour later or earlier.  Another general rule is that if the police or other authorities or nearby neighbors tell you to lower the noise, you have to do that or you will likely be cited and/or arrested if you are noncooperative.   Some municipal laws or park laws spell out the details of all this, others leave it more vague and commonsense.  Locate the laws that apply to your site and read them carefully.  These may include a municipal code, a county code, a parks code, park regulations within a municipal code, state law, park rules or park postings, signs, etc.

Trash/ Recycling:  You need to plan and budget for trash pick-up and recycling.  There will be many plastic water and drink bottles.  Disposable plates and cups, plastic flatware, and food wrappers can leave an enormous amount of trash.   The area you use must be kept free of any trash, including any cigarette butts.  All of this takes advance planning, supplies and services,  budgeting, and cooperative people willing to help.  Leaving any kind of mess will get you citations or arrests and make you most unwelcome.   This applies to any kind of outdoor event, not just a protest.

 How to Plan and Occupation Protest

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