Presidents Day 2019 Protests against Fake Emergency



Attend a Presidents Day Protest

Families Belong Together Protest Rallies Nationwide



Families Belong Together Protest Rallies Nationwide
by Susan Basko, esq.

On Saturday June 30, 2018, there will be Families Belong Together protest rallies nationwide.  These are protests against immigrant children being separated from their parents at the southern U.S. border.

You can find a protest near you using the search feature on this site:

If you register to attend, you will receive updates.  Many of the rallies will include music and speakers.

The rallies are planned to be legal, safe, and friendly for families, elderly, and disabled.  If you attend, please bring water, sunscreen, and a sign, if you make one.  If you are making signs, plan to hand-hold them and do not put them on sticks, which will not likely be allowed into any protest area.  Where sticks are allowed, if you keep your stick to the length and width and thickness of a wooden yardstick, it should be fine.  In fact, people do use wooden yardsticks for their signs.

Have a great day helping to support and protect families who come to the U.S. seeking safety.


Masks and Bandannas at Protests



Masks and Bandannas at Protests
by Susan Basko, esq.

On Saturday, April 21, 2018, Nazis held a rally in Newnan, Georgia, USA. Counterprotesters showed up, outnumbering the Nazis. There was a heavy presence of militarized police.  The video above is raw footage by Ford Fisher.

Police, aiming what appeared to be live bullet rifles (as opposed to less than lethal weapons) at the protesters at very close range, demanded they remove their masks or bandannas, or be arrested.  Protesters were shoved to the ground and brutally arrested.  This sort of brutality and pointing of guns seems so out of place for such a trivial offense as wearing a mask or bandanna.

LET'S LOOK AT THE LAWS REGARDING MASKS AND BANDANnAS.  Most of these laws are found in State laws, though some might be found in municipal laws.  The law might be an outright prohibition on wearing a mask, disguise, facial covering, etc., in public.  Or a law might prohibit two more more people, gathered, from wearing masks.  Or it might be an enhancement to a sentence if a crime is committed while wearing a mask.

BELOW, WE WILL LOOK SPECIFICALLY AT THE STATE MASK LAWS for Georgia, Illinois, California, and New York.  

 In some states, wearing a mask in public is in and of itself a crime.  In other states, wearing a mask is a crime if another crime is being committed and if the purpose of wearing the mask is to avoid being recognized.

While every state law is different, any mask law is likely to be found in the body of law that will be called the Criminal Statutes or the Criminal Code or the Penal Code.  Then, inside that code, it will usually be in a section called Public Order or Public Safety.  In those sections, the mask law will usually gets its own subsection.  The law might refer to such words as: mask, hood, disguise, conceal, and hilariously in the California law -- "false whiskers."

IF YOU plan to wear any sort of mask, bandanna, etc., to a protest, check the criminal law of that state.  It could be argued that a bandanna is not a "disguise," but police seem to think it is and they are the ones with the guns and zipties.  Interestingly enough, at the Newnan Nazi rally, the police were not concerned that the Nazis were wearing big sunglasses.  These two items seem to be equally taking up space on a person's face.

If you have already been arrested and charged under one of these anti-mask laws, be sure to look up the law and read the wording carefully so you know how to argue against the charge.  Also, if you are taken into court, be sure to ask for a public defender lawyer if you cannot afford a private lawyer.  If you work part time or don't make much money, you most likely qualify for a public defender lawyer, so when you first go before a judge, say, "I want a public defender lawyer."

The Georgia Law makes the wearing of a mask a Misdemeanor.  A misdemeanor is a crime more minor than a felony, so this makes it more outrageous that these police aimed rifles mere inches from these people.  It also seems outrageous that peaceful protesters were shoved onto the ground and manhandled.  Being treated this way should not be the price one pays for a lawful activity of freedoms of assembly and speech.  I assume lawsuits might be forthcoming against those police for excessive use of force against those injured by being tossed face first onto the ground.

What does the Georgia law prohibit?  "Wearing a mask, hood, or device which conceals identity of wearer" on the public way or on private property without permission.  The law does not apply if a person is wearing a holiday costume on the holiday.  That would mean costumes for Halloween is okay.  Another is exception is if the face covering is for occupational or sports safety.  Another exception is theatrical productions and Mardi Gras and masquerade balls.  Another exception is wearing a gas mask in a drill or emergency.


2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 2 - OFFENSES AGAINST PUBLIC ORDER
§ 16-11-38 - Wearing mask, hood, or device which conceals identity of wearer
O.C.G.A. 16-11-38 (2010)
16-11-38. Wearing mask, hood, or device which conceals identity of wearer 

(a) A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so.

(b) This Code section shall not apply to:

(1) A person wearing a traditional holiday costume on the occasion of the holiday;

(2) A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession, or sporting activity;

(3) A person using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; or

(4) A person wearing a gas mask prescribed in emergency management drills and exercises or emergencies.

LET'S LOOK AT SOME OTHER STATES.

ILLINOIS: Wearing a "hood" or "robe" while committing assault makes it aggravated assault, which is a much more serious crime.

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 
    Sec. 12-2. Aggravated assault. 

(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(4) Wears a hood, robe, or mask to conceal his or her identity.

   
 CALIFORNIA: It is illegal to wear a mask or disguise to evade discovery in the commission of a public offense or to escape.  Thus, in California, wearing a mask is not itself a crime, except when wearing it while committing another crime for the intent of not being recognized.

Penal Code.
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]  ( Part 1 enacted 1872. )  
TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.34]  ( Title 7 enacted 1872. )  

CHAPTER 8. Conspiracy [182 - [185.]]  ( Chapter 8 enacted 1872. )
  
[185.]  
Section One Hundred and Eighty-five. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of:

One—Evading or escaping discovery, recognition, or identification in the commission of any public offense.

Two—Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

NEW YORK: The State of New York considers it the crime of "loitering" when two or more people in a disguise congregate in a public place, unless it is a masquerade party or other such entertainment.

New York Consolidated Laws, Penal Law § 240.35 Loitering
A person is guilty of loitering when he:
4. Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place;  except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities;  

WIKIPEDIA has a nice entry on anti-mask laws.   This is an interesting look at the history of anti-mask laws worldwide.


******

 

High School Protest Rights



High School Protest Rights (and some other topics)
by Susan Basko, Esq.

High School students in the U.S. have the right to protest, just like adults do, but not during school time and not on school grounds.  During school time and on school grounds, high school students are required to follow the school and district rules.  After school and off school grounds, you are free to do whatever is legal, just like anyone else.  You can run a protest or attend a protest after school or on the weekend, just like anyone else.

Public vs Private Schools. These laws apply to students at public schools.  Students at private schools or religious schools may be agreeing to a set of rules or a Code of Conduct that directs what a student may do, even in their free time or off campus.  What is a "private school"?  That is a school that is run by a private foundation, by a church or religion, or by a private company. "Charter schools" are privately run, but are paid for by public school money, so this is a grey area.  In general, a charter school can reject a student who breaks their rules.  

Religious high schools, colleges, and universities very often prohibit students from supporting or promoting beliefs that run contrary to the religion.  Students agree to adhere to the rules in order to be allowed to attend the school.  Topics such as abortion, sexual orientation, marriage rights, promotion of legalization of marijuana or drugs -- may be off-limits for students attending some religious schools. Some religious schools go much further than this in their restriction of students' personal activities.  If you are a high school student, your parents are legally allowed/ required to decide what school you attend.  When you are 18 and over and attending college, you should find out the school's beliefs and policies and restrictions before choosing the school.  If your beliefs differ from those of the school and if you are going to have to refrain from voicing your beliefs, the school may not be a good fit for you.  If you attend a private or religious high school or college, you are agreeing to abide by whatever rules or restrictions the school has, and you can be punished or expelled from the school for not following their rules and you generally will have no legal recourse, unless the school itself is doing something illegal, such as physical or sexual abuse.  If that is the case, you have to make a police report.

Law vs Private or Religious School Rules.  Let's be careful to make the distinction between what is legal or illegal versus what is against the rules of a school.  If a student attends a private or religious school that prohibits a student from participating in a protest that is legal, then the student may be in violation of the school rules, but is not breaking any law.  The student might be punished or expelled by the private or religious school, but will not be in any criminal trouble with the law. For example, if you attend a religious college that says you cannot support the right to abortion, and if you do support the right to abortion, then you are violating the rules of the religious college you have chosen to attend, but you are not violating any law.  You can be punished or expelled by your college, but you will not be breaking any law.  

PUBLIC SCHOOLS:

How do you know what your school rules are?  You can look on your school's website and on the school district website to find their rules.  It will be called a "Code of Conduct," a "Student Handbook," a "Discipline Policy," "School Rules," or some such thing.  If this is not online on your school's website, you may have to ask in person for a paper version of it.

Let's look at this in detail.

Punishment: The general legal rule is that a public school cannot punish a student more harshly for an act that is done as a protest than it would for the same act done for another reason.  For example, if an unexcused absence gets a specific punishment, then an unexcused absence for a protest should get the same punishment.  

What is "school time"?  School time is when you are on the school grounds, in school, at a school-sponsored activity or sport, on a school trip, bus rides, hotel stays or home stays while on a school trip, etc.  Also included in school time would be any school camp, summer program, trip abroad, semester abroad, exchange program, etc.  Also included are school dances, proms, graduations and other ceremonies, musical, dance, and theater rehearsals and performances, art shows, school fundraisers, etc.  Basically, any activity connected to school, whether you are on or off the campus, is considered school time where the students are subject to school rules.

What are "school grounds"? That is in the school buildings, on the surrounding grounds, on any other associated buildings or grounds.  This usually includes parking lots, walkways, sports fields, etc. The grey area is the public sidewalk that surrounds the edge of the school, as well as bus stops or bus loading areas that may be on that public walk.  If you plan to use that public walk to pass out flyers, or hold a walk-out, march, or protest, try to find out if the school claims it as part of their grounds.  

School Cops or School Resource Officers:  These are usually sworn police officers whose duty is to be within a school.  They have police power and are allowed to tell students to do something or stop doing something, within the limits of the law.  They also have arrest power.  If there is any abuse of the power or physical or verbal abuse, the students and / or parents should report it to the school, the district, and to the police.

Putting up Posters: Most schools require a student to submit a poster for approval before it can be hung on a bulletin board.  Approval is usually based on if the poster is for a school-sponsored event and if the poster is in good taste.  Don't be surprised if your poster for a protest is rejected or removed off a bulletin board.  Some schools, particularly colleges but also some more liberal high schools, will have the official bulletin boards and in addition, will also have a bulletin board where almost anything can be posted.  You may want to push for your school to have such a bulletin board.  It is always illegal to put up a poster that advocates for anything illegal, and putting up a poster that includes hate speech or that advocates violence will be against school rules and will usually be illegal, too.

Passing Out Flyers:  High school students supposedly have a First Amendment right to pass out flyers.  However, many high schools have rules against even bringing flyers to school, let alone passing them out.  High schools might also have rules against standing in a hall or at an entry way passing out flyers.  This used to be a huge deal before the days of the internet.  Now, it may be just as effective to announce your protest using social media.  If you want to pass out flyers, you are best off to do this on the public sidewalk that is adjacent to the street.  That sidewalk is least likely to be considered school property and least likely to be considered subject to school rules.  No matter where you are passing out flyers, it is illegal to pass out flyers that advocate anything illegal.  

"Speech" in Clothing:  Most public high schools do not have a school uniform, but do have a dress code.  Some dress codes may prohibit wearing any clothing that has words or a message on it. If wearing clothing with a message on it is allowed, then wearing a political message is allowed, if it meets other requirements. 

The following are the "Do Not" rules from the Portland, Oregon Public Schools Dress Code.  These are typical of a non-restrictive public school district's dress code, with the exception that most school districts expressly prohibit a student from wearing any gang identifiers of any kind, including gang insignia, colors, styles, or pictures associated with a gang.  Portland is sliding down the slippery slope by leaving it open as a possibility for a student to wear gang identifiers.  What criteria are used to determine if a student wearing gang identifiers endangers the safety of other students or staff?  And doesn't marking oneself as a gang member always endanger the safety of the person wearing the gang identifier?  The school dress code rules in Portland, Oregon, include these "do nots":
Non-Allowable Dress & Grooming
  • Clothing may not depict, advertise or advocate the use of alcohol, tobacco, marijuana or other controlled substances.
  • Clothing may not depict pornography, nudity or sexual acts.
  • Clothing may not use or depict hate speech targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation or any other protected groups.
  • Clothing, including gang identifiers, must not threaten the health or safety of any other student or staff.
  • If the student’s attire or grooming threatens the health or safety of any other person, then discipline for dress or grooming violations should be consistent with discipline policies for similar violations.
Walk-Outs:  School walk-outs are generally breaking school rules and are considered an unexcused absence.  Some school walk-outs are tolerated by some school administrations.  It depends on the walk-out and on the administration.  See the section above about "Punishment," and read this post about school walk-outs being elitist.  At one recent national school walk-out against school shootings, many schools allowed students to run a rally or ceremony on school grounds.  This was wise, since it kept students safe and on the school grounds, and also limited the time they were out of class to about one class period.  If students want to walk out and if the school is too strict, this can cause the students to have to walk away off the school grounds, which can possibly endanger them.  If you are a high school student planning a school walk-out at your school, you may wish to enlist the support of parents or teachers who might be able to help get the walk-out sanctioned.  If you are a high school student and if you participate in a walk-out that is not sanctioned by the school, then you will be subject to punishment, but the punishment is not supposed to be any more than if you left school for any other reason.  That will be determined by a number of factors, including the discipline policy at your school, how your school wishes to interpret that policy, and how it wants to interpret your actions.  

Protest Planning: Yes, a high school student can plan a protest!  A high school student can participate in a protest!  Your safest bet is to plan a protest for after school time or on a weekend, and off school grounds.  Here is a guide to quick protest planning.

Protest Writing and Posting Online:  High school students may legally write their political opinions and post them online.  However, a high school student can get in trouble at school or with the police for posting hate speech, sexual harassment, personal harassment, or by posting about violence or violent plans.  A student will also get in trouble at school and with the police for posting pictures or videos that include hate speech or hate ideas, sexual harassment, personal harassment, violence, violent plans, or that show the student or others with guns, other weapons, drugs, or in sexual situations.  Hate speech is speech that targets others based on race, national origin, religion, sexual orientation, citizenship status, or disability.  Speech that encourages others to commit suicide or harm themselves will also land a student in school and legal trouble.  Videos or photos or recordings that invade the privacy of others will also land a student in trouble --  even if the student thinks it is a prank. 

Cell Phone Videos:  In recent years, cell phone videos have been used powerfully to show abuse being committed by police, staff, teachers, or students in a school.  It is generally legal to video the police at their jobs, and generally legal to video in a public location, however, a school might have rules against making cell phone videos in school.  Therefore, if you are making a cell phone video at school, you should do so very discreetly so you are not seen doing this and only make a video if you feel you are morally obliged to do so because you are witnessing abuse by a person in power.  You may have to later defend your actions, but we assume you are making the video because you feel a moral imperative to do so-- for example, you feel you are witnessing intolerable abuse and want to make a record of it so the person is held accountable.  If you find yourself in this situation, it is really best to get advice and help from a lawyer or legal organization.

If you make a video of such people, you may be invading privacy if you post the video online.  Youtube has a "face blurring" tool.  You can read here about the Face Blurring Tool.   Using a face blurring tool does not guarantee you will not be accused of invading someone's privacy, but it is helpful.

If you make a video that depicts sexual activity or nudity of someone, you should not post that online, because you may be distributing child pornography or pornography or obscenity.  You need to consult with a lawyer, because you may have created child pornography by making the video.  You may have wanted to "bear witness" to abuse you saw others committing, but you are likely to be perceived as a participant since you were there with a video camera.  Do not post such a video and do not pass it around.  Seek legal advice immediately.  If you need free legal help, there may be a legal clinic in your community or at a local university or law school.

In most instances if you are present when a fellow student is engaged in sexual abuse of another student, it would be better if you were to either intervene to stop the sexual abuse you are witnessing, or to seek a private location and call police.   You might be surprised at how powerful it can be for one person to say, "Hey, stop doing this."  The best course of action would be to walk out and call police. The worst course of action would be to participate or to stand around gawking or laughing.

IF YOU HAVE MADE  A VIDEO that depicts abuse by a school police officer, staff, or teacher, this can be used as a powerful form of protest that can lead to significant changes at your school.  However, be cautious and aware that your path may not be easy and you will need all the legal support you can get.  

Counter-Protesters or Counter-Demonstrators



Counter-Protesters or Counter-Demonstrators
by Susan Basko, esq.


Counter-Protesters, also called Counter-Demonstrators, are people who show up at a protest or demonstration to voice an opinion contrary to the main protest.  The overall rules are that the counter demonstrations are allowed, if they can be accommodated so they do not interfere with the original protest and so both groups are kept safe and separated.  How this plays out is largely dependent on what local police choose to do.

 (April 21, 2018: Nazis marched in the small town of Newnan, Georgia. Counter-protesters showed up and were peaceful, but strong.  (See the videos  below) Militarized police pointed live guns at the protesters and tackled some of them to the ground, supposedly because the counter-protesters were wearing bandannas.  In this instance, the response to peaceful counter-protesters was to meet them with excessive violence by militarized police. This, of course, violates the international laws and guidelines you can read below.   There would be no reason to point guns at the protesters or to throw any of them onto the ground.)




The spectre of counter-demonstrators showing up has become much more intense in the past couple of years. In states that allow open carrying of guns, there have been demonstrations that are for gun control, at which gun enthusiasts show up openly carry their guns. This can be terrifying for protesters, especially in the wake of mass shootings.

One main point is that no type of violence is ever legal at any protest, on any side.  There really is no good reason for protesters, on any side, to show up with flag poles, sticks, cans of anything ignitable, or any other thing that can be used as a weapon.  States might want to step up their games and outlaw open carry at any street gathering.  A few people carrying guns on the street can chill the right to free speech and freedom of assembly for the mass of people who feel unsafe in that situation. 

Another thing done, often by a lone counter-protester, is to show up with a megaphone and barrage the protesters with the shouted ideas of the counter-protesters.  Most towns and cities have noise ordinances, and in many cases, the use of a megaphone without a permit is illegal.  If this is happening at your protest, speak with local police and ask them to handle it.  At the recent March for Our Lives marches against school shootings, in one city, such a counterprotester shouting into a megaphone was seen surrounded by a circle of armed police.  They let him shout his pro-gun diatribe at the marchers, but made sure he and the marchers were kept separated from one another.  Sometimes people see police "protecting" a counterprotester in this way -- and that is what the international rules say is supposed to happen.  If possible, both sides are allowed to protest, and both sides are to be kept safe and separate from harming one another. 

 Let's look at excepts from international guidelines: https://www.osce.org/odihr/226981 

"Counterdemonstration:
An assembly that is convened to express
disagreement with the views expressed
at another assembly, and takes place at, or
almost at, the same time and place as the
primary assembly  (page 120, Glossary of Terms)

"The role of police in facilitating assemblies is paramount. Being the most visible
manifestation of government authority, the police demonstrate a state’s
commitment to upholding the rule of law and protecting fundamental human
rights and freedoms. The police must facilitate all peaceful assemblies,
including spontaneous and simultaneous assemblies and counter-demonstrations,
and protect participants in assemblies, allowing them to express their
views freely within sight and sound of the intended audience. This handbook
promotes a change of police mentality in approaching the policing of assemblies,
from looking at assemblies as potentially dangerous events to recognizing
assemblies as manifestations of an important human right that the police
must respect and protect. The majority of assemblies are, in fact, peaceful
and do not present particular public order challenges. However, it is crucial
for police to be well prepared and trained to prevent any conflicts related to
assemblies, as well as to de-escalate tensions should they arise." (page 7, Forward)

"Counter-Demonstration: This is a particular form of simultaneous assembly
in which participants wish to express their opposition to the views expressed
at another assembly. Emphasis should be placed on the state’s duty to protect
and facilitate each event where a counter-demonstration occurs. The state should
make available adequate policing resources to facilitate such simultaneous
assemblies, to the extent possible, within sight and sound of one another.
However, it should be noted that the right to counter-demonstrate does
not extend to inhibiting the right of others to assemble. There may be
Part I. Chapter 1. The Right to Freedom of Peaceful Assembly 17
circumstances where the authorities may legitimately restrict the right of
counter-demonstrators to protest within sight and sound of the assembly they
are protesting against in order to protect the other assembly."  (pages 16-17)

"If an assembly is confronted by a counter demonstration that seeks to restrict
the rights of people to peacefully assemble, then the counter demonstration
is no longer protected by international human rights law." (page 21)

"The fact that an assembly is likely to face a violent counter-protest, or even to be directly attacked by dissenting people, should not, as a matter of principle, lead to the prohibition of the peaceful assembly. In that case, it is the responsibility of the police to protect the peaceful assembly against the attacks or the violence of counter-protesters." (page 21)

"The starting point for police should always be the proactive policing of order
rather than the reactive policing of disorder. The relevant police commander
will need to continuously monitor the situation to assess the dynamics of
the assembly, onlookers and, where necessary, counter-demonstrators, so that
they can best manage the situation to ensure that peaceful order is maintained.
This may mean that the police need to be flexible in relation to any
legal restrictions placed on an assembly and to minor infractions of the law.
An approach that is too rigid to both may increase tension and provoke more
hostile or aggressive responses from participants. Even in situations where
some voices promote confrontation or violence the police should be able to
counter such influences if they remain aware of the differentiation among
participants, draw upon their knowledge of the range of groups and individuals
who are present, maintain a positive relationship with people and act with
discretion and tolerance." (page 24)

"In some contexts the police may need to use force to protect those participating
in an assembly if they are faced by hostile or aggressive counter demonstrations.
In such contexts, the police should seek to differentiate between the
aggressors and the targets of the aggression, and remember that they have a
responsibility to protect the rights of those exercising their right to peaceful
assembly." (page 31)

"Commanders should outline the specific risk (e.g., the risks associated with
the presence of a much larger number of participants than anticipated or the
risks associated with the presence of counter-demonstrators) and how they
can be dealt with. Contingencies should be put in place for emergency situations
and worse-case scenarios (e.g., sudden bad weather conditions)." (page 39)

"In assessing potential risks and hazards, the strategic commander should
always be mindful of a variety of possible different scenarios that may
unfold in the run up to and during the assembly. Scenarios may be
impacted by factors such as the number of people who may attend; their
political affiliations; the purpose of the assembly, including whether they
relate to other events taking place at the same time (e.g., visits of heads of
state, summits); the presence of counter demonstrations; the presence of
other activities in the vicinity; the location of the assembly and the route,
if it involves a march; and the time of day, weather conditions and other
potentially relevant factors." (page 55)

"Information must be gathered about the following areas:
Why is the assembly taking place? Who is the assembly for or against?
Could the presence of police inflame the demonstrators or onlookers? Is
the focus of the assembly likely to trigger a (violent?) response from other
parts of the society?
Who will be taking part in the assembly? Previous history? Age and gender
profile? Known intelligence on intentions? Who are the local community?
Who are the transient (passer-by) community? Will there be
counterdemonstrators or hostile members of the audience?
What are the intentions of the participants (note that intentions among
participants and groups within the assembly may differ)? Is there intelligence
about secondary intentions? Some sub-groups attending an
assembly may have the intention of mounting a secondary protest or
demonstration.
Where is the assembly due to take place? Are there any significant locations
that may be targeted by the event or some of the participants or
counterdemonstrators? What traffic concerns are there? Intended route?
When will assembly take place? What time of day and year? What are the
weather conditions? Travel implications (availability of public transport at
time of dispersal)?
How are individuals going to arrive at the assembly? How are they
intending to leave? Are there suitable exit routes and transport from the
assembly point? Is it going to be a static event or a march? Will there be
structures built, such as stages for speakers or loudspeakers?" (page 60)

ANALYSIS AND CONCLUSIONS:  If you want your protest to be legal, it must be non-violent.  You should plan it with that goal in mind, including prohibiting your own participants from bringing items that can be used as weapons -- either by them or against them.  If you are planning a protest that needs a permit, dialogue with the police or city permit officials regarding the potential for counter protesters.  If you are the one planning a counter protest, find out if you need a permit for your gathering.  Tensions between two groups can lead to deadly consequences, as has been seen at recent protests.  If you are planning a protest that does not need a permit, but you expect there might be trouble with counter demonstrators either being violent or disrupting by, for example, showing up with a bullhorn or megaphone and trying to drown our or overcome your protest, talk in advance with the local police.

Below is a video of a demonstration - counter-demonstration that became very violent when the two groups clashed.  This is an example of what is not supposed to happen.

March for Our Lives to End School Shootings:
How to Plan a Protest


March for Our Lives to End School Shootings:
How to Plan a Protest
by Susan Basko, esq.


Students from Marjorie Stoneman Douglas High School in Parkland, Florida, are holding a nationwide march against School Shootings on Saturday, March 24, 2018.

You can help fund the march by donating to this GoFundMe:
https://www.gofundme.com/8psm8-march-for-our-lives

You can read more about the plans, as they develop, here:
https://www.marchforourlives.com/

You can read FAQ here: https://www.marchforourlives.com/faq

HOW TO PLAN A MARCH - BASIC INFO:

1. Look around and see if a march is already planned for your city, town, suburb, or school. If so, you may wish to join those already planning. Or you may wish to start your own.

2. The DATE is Saturday March 24, 2018.

3. The TOPIC is to End School Shootings.

4. The theme color is ORANGE.  That is the nationwide color.  That means, anything orange helps - orange hats, orange shirts, orange jackets, orange signs, etc.

5. Pick a TIME and PLACE.

6. A Two hour time slot is what is usually allowed by most cities and also is the most successful at having a peaceful, legal protest that remains on topic.  The best time slot on a Saturday is usually a 2 hour time slot in the range between noon and 4 pm.  Such as noon - 2:00pm  or 1:00pm - 3:00pm or 2:00pm -4:00pm.  Personally, I think 2:00pm to 4:00pm is best. That way, people can start arriving any time after 1:00pm and if it goes a little over 4:00pm, it is no big deal.

7. PLACE: Most protests will probably be a RALLY followed by a MARCH.  If you hold the rally in a publicly-owned plaza, you should not need a permit, but you should check with your City or town to see if some other group has reserved the space for that time slot.  You'll need to call whoever it is that books the space.

A REAL GOOD PLAN FOR AN EASY PROTEST IS TO HAVE A RALLY IN A PUBLICLY-OWNED PLAZA for 45 minutes, and then go for a MARCH for an hour,  and then end out back at the same plaza.  That way, people can easily find where they locked their bikes, or find the public transportation that they arrived on, or find where they parked their car.

If you are not getting a permit, in most places, you CANNOT DO these things:
1. Build a stage or platform, hang any banners, set up any tents, or serve food.
2. Set up a sound system (except maybe a very small one)
3. Block the streets.

If you are not getting a permit, in most places, you CAN DO these things:
1. Gather round and a speaker or announcer can stand on an existing staircase, bench, etc.
2. You can use a bullhorn or small sound system that can be carried by one person.
3. You can have signs, drums, balloons.
4. Invite people to speak.
5. Invite people to play music or drums.
6. MARCH.  If your group will fit on the sidewalks, they should go on the sidewalks. If your group is large and needs to be in the street, the police are supposed to facilitate it so you can march in the street or in part of the street.

IT IS NEVER LEGAL TO DO ANY OF THESE THINGS at any PROTEST:
1. Put stickers on any surface.
2. Spray paint on anything.
3. Start anything on fire.
4. Surround any vehicle.  Tip or rock any vehicle.  Harass occupants of any vehicle.
5. Bring any weapons or fireworks.
6. Throw anything.
7. Break any glass.
8. Break anything.
9. Hit or harm any person in any way.
10. Threaten any person or harass any person.

8.  PUBLICIZE. ONCE YOU HAVE YOUR TIME AND PLACE, then PUBLICIZE that using Facebook, Twitter, emails, word of mouth, press releases, etc.

INVITE live streamers, citizen journalists, independent media, mainstream media.  

9. PLAN YOUR PROTEST.
Invite speakers. Invite Music. Get people to make signs (hold a sign-making party?)
The nationwide theme color is ORANGE.

A Good Two Hour Agenda might look like this:

1:30pm - 2:00:   People arrive.  Music Playing. People setting things up,
2:00 - 2:45:  Rally with speakers, each with a time slot that you keep to tightly. Ideally, a featured speaker might be given 6 or 7 minutes, and others might get 4 or 5 minutes. Less is more.
2:45  - 3:45: March - and end back at rally location. When planning a route, go out and walk it in advance to see how long it takes.
3:45 - 4:00: Clean up.

HELPFUL HINTS:
1. Get people to bring bottles of water.  You can place boxes of bottles of water on the ground or on a bench, so people can find it and take a bottle.  Having water available will prevent people from getting dehydrated and sick.
2. Bring a whole box of garbage bags and CLEAN UP the space afterwards.  Leave the space better than you found it.  Get the garbage bags into a trash bin if possible, or take them home with you.  If you leave trash bags on location, they will likely be ripped open and the contents scattered.
3. Ask people to please not bring flyers, since these end out all over the ground.  If someone brings flyers, tell them to be sure to pick up all the flyers at the rally and along the march route. Hand them a trash bag for this purpose.
4. Plan for bathrooms.  For this march, people will probably not be renting portapotties -- but if they can, that is good.  Find out what bathrooms might be nearby or along the route.
5. Public Transportation, Parking, Bike Racks.  Gather all this information and let people know.
6. Handicapped. Try to plan your location and route so that handicapped people will be able to participate.  That means finding what public transportation is nearby and accessible, planning a route that has safe street crossings and ramps, which nearby places have a handicapped-accessible bathroom, pacing your march so handicapped people can keep up, and possibly assigning helpers to those who are handicapped, if they want a helper(s).
7. ALWAYS clean up afterwards!  Leave your rally plaza and march route better and cleaner than you found it!
8. LEGAL: Have phone numbers for lawyers or legal organizations in case things happen and anyone gets arrested.
9. MEDIA. INVITE live streamers, citizen journalists, independent media, mainstream media.  Make videos and post them online!  Take lots of pictures!  Live Tweet your march.
NOTE: IF YOU LIVE STREAM, TWEET, TAKE PICTURES, ETC., THEN YOU ARE EXPANDING YOUR MARCH PARTICIPATION TO FAR MANY MORE PEOPLE WHO WERE NOT ABLE TO BE THERE IN PERSON.  

SEE THESE OTHER POSTS FOR EXTRA INFORMATION:
Planning Against Terrorism in Protests
How to Run a Protest: Basics
Quick Protest Planning: 10 Easy Steps
Questions about Protests
Agents Provocateurs
Hijacking a Protest: How to Prevent It




Why School Walkouts Are Elitist



Why School Walkouts are Elitist
by Susan Basko, esq.
I'm going to explain why national or regional School Walkouts are elitist. Please follow along. I have done legal work in this field.

 A school walkout means students walk out during school. This is tolerated differently in wealthy white schools than it is in schools where most students are poor, Hispanic, Black, and/ or immigrants.

 Wealthier white schools may use a walkout as a teaching moment. The principal or teachers might endorse or participate.

 Most Hispanic and Black schools have much stricter rules and policies. These usually cite "gang" activity as the reason for much stricter rules and increased punishments.

Schools within the exact same school district may (and often do) have different rules for schools that are predominantly Hispanic or Black. These rules are often hard to locate and may be disseminated only within the school, or not disseminated.

Walking out or advocating for a walkout in a Hispanic or Black school can result in expulsion or even arrest. Many such schools do not even allow for flyers to be passed in or near the school.

In addition, students from lower economic homes will have much harder times getting legal help. There is no financial or social incentive for the school to be lenient. There aren't usually lawyers in the students' family social circles.

Also, many Hispanic and Black students who walk out are, in fact, walking out into dangerous neighborhoods, where danger of being shot or beaten up exists on a daily basis.

Also, many Hispanic students may have immigration issues, or their parents may -- which makes any arrest or school trouble much riskier, especially now.

There are many other reasons - but basically, school walkouts are elitist and those who are from Hispanic or Black schools disproportionately face consequences.

In addition, even Saturday marches can be a burden on poorer students, who may not be able to afford transportation, may face danger in travel, and may be expected to work or care for siblings on weekends. It can help if buses or transportation can be provided.

If you want all students to have a fair chance to participate in a protest, don't hold it on a school day and don't run a walkout. Walkouts are elitist.


Planning Against Terrorism in Protests


Planning Against Terrorism in Protests
by Susan Basko, esq.
On August 12, 2017, a man named James Alex Fields drove his car at a fast speed through a large group of protesters, as seen in the short video above.  The video is credited to Brennan Gilmore, who was present at the protest live streaming video. Mr. Fields has been arrested and charged with murder and other counts.  The protest and terror act took place in Charlottesville, Virginia.

Let's talk about protest planning and how to lessen the opportunities for similar terrorist acts.  People engaging in such violent acts are usually mentally unstable, and their acts in turn inspire other mentally unstable people.  Monkey see, monkey do.  If you are planning a protest now, you need to plan with major safety consideration in mind.

First, notice how the street in the video above is narrow, with low sidewalks and buildings closely lining each side. This bowling alley type set-up gives a driver intent on mowing down people an ideal set up.  The people are condensed and concentrated in the narrow street, with very few places to escape the car racing up from behind.

Plan your location and route in advance of your protest.  Actually go out in person, or use google street view if you cannot go in person.  Look for protective barriers. When you plan a protest, look for such things as:

  • Barriers before a street, to make it more difficult for a driver to enter.
  • High curbs.
  • On a bridge, barriers of at least one foot between the road and sidewalk.
  • Large cement planters and other large objects that can blockade a vehicle.
  • Places to escape to, such as courtyards, other streets, large buildings that are open, parks, beaches, etc. The route should have many escape routes.  
  • Avoid marches and rallies near any multi-story parking garages. These can be accessed by anyone and can be used by a sniper.

Consider asking for a police escort, so that the rear of your march is somewhat protected. However, note that in Charlottesville, the attack car plowed through the crowd of people and then smashed into another vehicle, which then smashed into a third vehicle.  Some of the worst injuries occurred to people sandwiched between the vehicles.  It may be that an attacker is less likely to drive into a marked police vehicle. It depends how brazen the attacker is.  Many such attackers plan to die as part of their attack and they may be attracted to encounters with police.

If you are holding a rally, look for a place that has protective barriers.  Most federal buildings have barriers designed specifically to prevent a car attack.  Let's look at some examples.

Federal Building, Chicago
This picture shows a Federal Building in Chicago.  Notice the large barriers.  Barriers like this should prevent most vehicles from getting past.  However, the barriers here protect only the building and the small adjacent plaza area. There are not such barriers to protect the large plaza area by the Post Office next door, which is where most protests and other public gatherings take place.  


This photo shows another Federal Building across the street.  Notice the barriers.


Plaza outside Post Office in downtown Chicago
This is the adjacent public plaza, in front of the Post Office.  This plaza lacks protection.  This is where many protest rallies are held in Chicago.  Maybe barriers should be erected?  If you hold a protest here, be aware of the dangerous layout. 

Daley Plaza, Chicago
This is Daley Plaza in Chicago, where many protest rallies are held.  Notice how the edges of the plaza are unprotected -- low curb, no barriers.  The center of the plaza is protected by a barrier of concrete benches and planters.  These are probably enough to stop or disable a vehicle.


Daley Plaza, Chicago 

Notice that the plaza center has a variety of types of barriers: concrete benches, concrete planters, steel fencing for a subway staircase, cement barrier walls for the subway, and posts.

STREET MEDICS. Another Safety Planning consideration is to be sure your protest group has trained medics in the crowd, carrying supplies.  At this article, you can see a picture of a terribly injured woman, and a second photo of her after she has been given First Aid by a Street Medic.  This street medic did an amazing job of getting this woman cleaned up and her head bandaged.  In the aftermath of this terrorist attack, having medics on hand to give First Aid while awaiting ambulances and EMTs gave crucial and probably life-saving support.  Don't expect your medics to pay for their own supplies. That should be an expense undertaken by the group.

What to Put in your Street Medic First Aid Kit:
http://medic.wikia.com/wiki/What_to_put_in_your_first_aid_kit

Street Medic Guide:
http://www.paperrevolution.org/street-medic-guide/

CAMERAS!
High quality, experienced live streamers can provide a measure of safety because they can see and identify trouble while it is brewing.  Their videos also provide excellent witness immediately and later during any trial.  At the Charlottesville terrorist attack, live streamers provided clear views of the attack, as well as the color, make and model of the car, and a clear view of the license plate number.  This allowed for certainty in identifying and apprehending the attacker.  People of the Internet had posted the ownership and sales records of the car within minutes of the attack.  Shortly after, there was a whole history of the suspect posted online.  Shortly after, reporters visited his stunned mother.  No doubt, the videos helped shape the criminal charges and will influence any further charges.

BASICS- PROTEST PLANNING IN LIGHT OF POSSIBLE TERRORIST ATTACKS:
  1. Safety First.  Know when to cancel.
  2. Rallies: Look for safety factors in any rally location: barriers, escape routes, lack of multi-story parking lots.
  3. March Routes: Look for high curbs, barriers on bridges between street and sidewalks, avoid narrow, closed-in streets, look for plenty of escape routes, consider asking for police escort.
  4. Street Medics: Recruit well-trained street medics carrying supplies.
  5. Cameras: Invite experienced live streamers and photographers.  

Where You Can Protest in Chicago
and How

 Where You Can Protest in Chicago and How

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Picasso Sculpture in Daley Plaza, Chicago


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

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


WHERE CAN WE PROTEST IN CHICAGO and HOW?

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

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

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

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

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

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

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

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

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

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

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

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

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

VIII) CHICAGO DISORDERLY CONDUCT LAW

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

How to Get the Permit for a Public Assembly:

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

How Does the Commissioner Decide?

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

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

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

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

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

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

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


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

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



Daley Plaza, as seen from the west.


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

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

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

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

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

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


VI) CHICAGO PARKS:

Cloud Gate, aka The Bean, Millennium Park, Chicago


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

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

ALL OTHER PARKS:

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

Map of GRANT PARK

link to PARK DISTRICT PERMITS OFFICE

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

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

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


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


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

CHICAGO PARK DISTRICT: Permit Application Process:

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

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

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

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

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

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

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

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

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

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

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

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

Submit the completed Special Event Permit Application to:

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

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

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


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

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

NOISE BY DAY:

Part B. Limitations on Noise from Specific Sources.

11-4-2800 Music and amplified sound.

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

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

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

NOISE AT NIGHT:

Part C. Other Limitations on Noise and Vibrations.

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

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

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

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

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


VIII) CHICAGO DISORDERLY CONDUCT LAW:

8-4-010 Disorderly conduct.

A person commits disorderly conduct when he knowingly:

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

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

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

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

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

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

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

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

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

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

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

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

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

See also: