I20 protest of presidency's theft

Justice Action Movement's inaugurAUCTION.org 2000 ^{Guide to}Effective Participation in the 2001 Inauguration		^{mirror for} I20 tactical references
		D.C. ^{rules of engagement ¹}
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Importance of the Inauguration: Direct Participation in Democracy Without A Fee

The Inauguration is one of the few Presidential events in which the public may directly participate without being charged an entrance fee or campaign contribution.

The U.S. Government has asserted that it is illegal for citizens to participate in the Inauguration if those persons express viewpoints critical of the President or advocate policies different from the Administration's. The Government has declared such conduct violative of National Park Service (NPS) regulations and threatened to fine and arrest at the Inauguration any individual expressing such viewpoints. Before the 1997 Inauguration, the District of Columbia Circuit Court declared such threats to be unconstitutional, and ordered that the Government must allow protesters in groups of up to 25.: cf. Mahoney v. Babbitt, 105 F.3d 1452 (D.C. Cir. 1997)

The authors maintain it is an unconstitutional violation of the First Amendment Right to Free Speech for the U.S. Government to arrest any individual or group participants (regardless of the size of the group) at the Presidential Inauguration just because they participate in the Inauguration by expressing political dissent or views critical of the President.
This guide describes the NPS regulations and strategies for conducting effective political action within the NPS rules that restrict and sanction political dissent. It is intended to facilitate public participation in the Inauguration, despite the restrictions that the Government has placed upon free speech, for those who do not have the time or resources to mount a constitutional challenge to the existing NPS regulations that restrict free speech, or who wish to demonstrate within those rules to minimize government interference with their action.

The Rule of 25

Demonstrations in groups of 25 people or less may be held without a permit on Pennsylvania Avenue or other federal land subject to the jurisdiction of the National Park Service.: cf. 36 C.F.R. Section(s) 7.96(g)(2)(i)

Based on this provision, the U.S. Circuit Court for the District of Columbia has ruled that it is unlawful for the U.S. Government to fine or arrest Inaugural protesters in groups of 25 or less on the asserted grounds that such protesters are demonstrating without a permit.

PROTEST TIP: ORGANIZE IN GROUPS OF 25
Unless you intend to challenge the 25 person limitation imposed by the National Park Service with the aid of an attorney, consider the following strategies:

Organize in separate protest groups of 25 or less (yes, an affinity group will do).
Larger groups may subdivide into separate and unrelated protest groups.
Separate protest groups may consider differentiating themselves by protesting on different blocks, by wearing distinctive attire,
or by bearing signs (or other items) addressing distinct issues.
Separate protest groups, like affinity groups, should be separately named.
Appoint no less than two clearly identified coordinators, or "marshals," for each group to monitor and enforce the 25 person limitation,
politely explaining to those who exceed the limit of 25 that they may automatically combine themselves into an independent and separate group if they wish.

PROTEST TIP: MAXIMIZE VISIBILITY WITH SIGNS AND PUPPETS
The Inauguration parade is distinctive because it moves along a public street, making it more difficult for the media to "black out" or crop out coverage of protesters located along that route.

Prominently place your demonstration along the Inaugural route.
Make your group the largest allowable, 25.
Subdivide larger groups into separate and unrelated demonstrations.
Maximize your visibility with signs and puppets.
Use signs and puppets that will clearly convey your message to the President and to the public through the media.

Napoli 3.15.01

Because the Government seeks to restrict your peaceable assembly along the Inauguration route to groups of 25 or fewer, it is essential that you counteract the limits on numerosity by maximizing the visibility of your message. Keep in mind, the message and lettering must be understandable to people across a city block, and visible and understandable to cameras that may be distant.

No Restrictions on the Size, Construction and Placement of Portable Signs & Banners

The NPS regulations place restrictions on the size, construction and placement of portable signs and banners in certain areas only:

for signs and banners located adjacent to the White House,
on the White House sidewalk,
in Lafayette Park.

cf..96(g)(5)(vii)(E)

The regulations place no specific limitations on the size, construction or placement of portable signs and banners on Pennsylvania Avenue and the rest of the Inaugural route. The only general limitation on the use of portable signs and banners is the "catch-all" rule that demonstration permits may be revoked on the spot, if the demonstration presents "a clear and present danger to the public safety, good order or health.": cf. 36 C.F.R. Section 7.96.

As above, the most restricted locations for portable signs and banners are for those located adjacent to the White House or in Lafayette Square. Even though such restrictions are not binding for the rest of the Inaugural route, they are presented below solely as an example of size and construction that are considered acceptable even in these most highly restricted areas:

Goteborg
guns 6.15.01 AP Photo/Pressens Bild Sam Lindh

in Lafa

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Hand carried signs are allowed regardless of size.
Signs that are not being hand carried are allowed provided they are no larger than 4 feet in width and one-quarter inch in thickness (exclusive of braces that are reasonably required to meet support and safety requirements and that are not used so as to form an enclosure of two (2) or more sides) may be used, provided
that no individual may have more than two such signs in the Park at any time,
and that all signs must be attended (be within three feet of the attendee) at all times.
Such signs may not be elevated so as to exceed 6 ft above the ground at their highest point,
and may not be arranged or combined in such a manner as to exceed these sign limitations.

For example, two four-feet by four-feet signs may not be combined to create a sign that is eight feet long, and two or more signs of any size may not be leaned or otherwise placed together so as to form an enclosure of two or more sides.: cf. 36 C.F.R. §7.96(g)(5)(x)

on the White House Sidewalks

No signs are allowed except those made of cardboard, posterboard or cloth
having dimensions no greater than three feet in width, twenty feet in length and one-quarter inch in thickness.
No supports are permitted except those made of wood
having cross sectional dimensions no greater than three-quarter of an inch by three-quarter of an inch.

Stationary signs shall be no closer than three feet from the White House sidewalk fence. All signs must be in physical contact with a person at all times. No signs may be attached to any structure on the sidewalk. No signs shall be held, placed or set down on the center portion of the White House sidewalk, comprising ten yards on either side of the center point on the sidewalk, provided that individuals may demonstrate while carrying signs on that portion of the sidewalk if they continue to move along the sidewalk.: cf. 36 C.F.R. §7.96(g)(5)(viii)

Erection of Temporary Structures Prohibited, Except for Small Lecterns or Speakers' Platforms

If you are participating in the Inauguration in a group of 25 or less without a separately issued permit, you "are not allowed to erect temporary structures other than small lecterns or speakers' platforms.": 36 C.F.R. 7.96(g)(5)(vii)(E)

Be aware that even small lecterns or speakers' platforms will likely attract the attention of hyper-aggressive "law enforcement" which may distract you from your primary purpose, to peaceably assemble to convey your political message to the public, the press, policymakers and the President.

No Restrictions on Use of Props, Such as Coffins, Crates, Crosses, Theaters, Cages, Etc.

The use of items "such as coffins, crates, crosses, theaters, cages, & statues; furniture & furnishings, such as desks, chairs, tables, bookcases, cabinets, platforms, podiums & lecterns; shelters, such as tents, boxes & other enclosures; wagons & carts; and all other similar types of property which might tend to harm park resources, incl aesthetic interests" are restricted in Lafayette Park and certain areas in the immediate vicinity of the White House.: cf. 36 C.F.R. 7.96(g)(5)(ix - x).

No such restrictions are stated in the regulations that apply outside of these areas, in particular along the parade route on Pennsylvania Avenue.

Puppet Search and Destroy Missions

Puppets and visual displays are highly evocative and effective at conveying information. The Government has in recent protests, including A16 and R2K, employed an unconstitutional law enforcement tactic we refer to as "Puppet Search and Destroy" in which "law enforcement" seizes and confiscates political puppets (and political literature) and, in some instances, destroys them. We suggest groups store their lawful puppet making materials and completed puppets in decentralized locations, to counter this unconstitutional police conduct.

Selective Enforcement of Rules on Metro Subways

In the past, Metro has unlawfully selectively enforced rules to prevent protesters from reaching demonstration locations. Metro has, for example, previously issued restrictions on persons carrying protest signs and banners. Plan your transportation accordingly.

Sound Amplification

Sound amplification is allowed, provided prior notice has been given to the National Park Service Regional Director, for example, by filing a permit application stating that sound amplification is intended to be used. Sound amplification may be restricted so that it will "not unreasonably disturb nonparticipating persons in, or in the vicinity of, the area."

Demonstration Group Organization

Each group should consider having two coordinators or "marshals" who have
i) read this document, and the actual regulations, and
ii) will be present at all times to ensure that the numeric limitations of 25 are adhered to, as well as the rest of any applicable rules.
Each group should consider having one person appointed as a law enforcement liaison, who
i) is really calm, even in the face of misconduct by law enforcement,
ii) has read this document and the related regulations, and
iii) is willing to repeat over and over again that "all we wish to do is engage in peaceful political assembly, and to participate in the Inauguration."
Each group should have at least one person equipped with a video camera, which should be focused on any interaction with law enforcement.

Reach Consensus Before The Inauguration on How to Respond
If Law Enforcement Illegally Demands That You Disperse

Prior to the Inauguration, or at the start of the Inauguration, each group should meet and reach consensus on how to respond to law enforcement should they demand unlawfully at any point that the group disperse.
Your decisions about how to respond to provocation by law enforcement should be made with deliberation, before the provocation, so as to avoid acting out of emotion or allowing law enforcement to escalate their conflict.
Any violation of your rights disappears anonymously into the past unless you act to bring it to the public's attention. Plan to use theater creatively to your advantage, and to avoid being drawn into escalation or anger. Present the officer with a copy of the Constitution;
or of the applicable Park Service regulations;
or sing "This Land is Your Land."
Summon the attention of the media when it appears that law enforcement is about to violate your rights.

What To Do If Law Enforcement Requests That You Disperse Or Be Arrested

All interactions with law enforcement should be recorded on sound & video.
Your law enforcement liaison should be the primary point of communication with law enforcement, and should:

Act deliberately and consistent with the group's consensus made decisions about how to respond to law enforcement's illegal demand that the group disperse.
Remain calm throughout all communications with law enforcement, even if law enforcement does not reciprocate.
State, repeatedly if necessary, that your group is entitled to participate in the Inauguration under the law, and has reviewed the National Park Service regulations and are acting in conformity with those rules.
Inquire of the officer, and cause him/her to specify exactly in what manner the group is acting unlawfully. "Officer, we want to cooperate with you, but you need to tell us what we are doing wrong."
Get the officer's name and badge number, and inquire on whose authority or order he or she is acting. Ask to speak with that officer in charge. Write down all officer's names and badges.
Photograph covered or punched out badge numbers and the officer's face.
If you can, dispatch one or two persons to summon the attention of the media so they can observe, record and hopefully report on what is going on.
Use a bullhorn or loudly announce your intentions to the group and other witnesses
("We merely wish to peaceably gather and participate in the Inauguration")
and your requests
("We have asked the police to allow us to remain here in a group of 25 or less to participate in the Inauguration,
and they have said that they will arrest us unless we stop criticizing the President,"),
to avoid law enforcement later making false claims regarding our conduct & statements.

PROTEST TIP: SEEK A PERMIT FROM THE NATIONAL PARK SERVICE

Requesting A Permit Before You Protest

You do not require a permit to demonstrate at the Inauguration n groups of 25 or fewer, so why request a permit at all?

By filing a permit request you place the National Park Service n formal notice as to your intentions to lawfully exercise your First Amendment protected right to free speech. If you intend to use sound amplification you are required to notify the Park Service of that intention. If the National Park Service fails to reject or revoke your permit request, then your permit is deemed to be granted.>: 36 C.F.R. 7.96(g)(3)

All permit requests re deemed to be granted (subject to possible revocation in writing) f not denied within 24 hours of receipt by the Park Service.

If the National Park Service rejects or revokes your permit, it must do so in writing which will provide you the basis to challenge the denial in court if you wish. If the National Park Service fails to reject or revoke your permit in writing, then your permit is granted.

Permit applications may be obtained at the
Office of Public Affairs, National Capital Region,
1100 Ohio Drive SW, Washington, D.C. 20242
A copy of the application is available in PDF format at the web page sponsored by the Partnership for Civil Justice, at
www.JusticeOnline.org/freespeech.
Permits are accepted by the Regional Director of the National Park Service between the hours of 8 a.m. - 4 p.m. weekdays, holidays excepted. Make sure your delivery is such that the date and time of receipt is known to you.

National Park Service is limited in ability to revoke your Demonstration Permit during demonstration

During the conduct of a demonstration, a permit may be revoked by the ranking U.S. Park Police supervisory official in charge only if:

continuation of the event presents a clear and present danger to the public safety, good order or health, or
for any violation of applicable law or regulation.

cf. 36 C.F.R. Section 7.96

From Dr. King's Letter From Birmingham City Jail:

" … There are some instances when a law is just on its face but unjust in its application. I was arrested Friday on a charge of parading without a permit. Now there is nothing wrong with an ordinance that requires a permit for a parade, but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.": Martin Luther King, Jr., April 16, 1963

Issued by: The Partnership for Civil Justice, Inc. civil & women's rights and economic justice public interest law firm.
1901 Pennsylvania Ave NW suite 607, Washington, D.C. 20006 202.530.5630

Police Play Music to Reduce Crime

WEST PALM BEACH, FL A free concert of Mozart, Bach and Beethoven is being played 24 hours a day on a blighted street corner, not to enlighten the masses but to reduce crime. Police say drug deals, shootings and thefts have dropped since the department mounted a set of speakers and a CD player on an abandoned building and started playing the music in April. There also aren't as many loiterers, who used to number up to 200 on weekend nights on the residential corner in Rosemary Village near downtown. The music, sort of a ``greatest hits'' compilation of the three composers' melodies from three CDs that are played in constant rotation, can be heard clearly up to a block away.
"Our main concern was, were we going to disturb some people with the noise,'' said West Palm Beach Assistant Police Chief Bob Van Reeth, who heads the community response division. But resident Mamie Durham doesn't mind, and the neighborhood has improved. Her home is a block south of the speakers at Seventh Street and Tamarind Avenue and she can hear the music at night when the streets are quiet. "If someone ever told me Tamarind would look like this I wouldn't believe them,'' said Durham, 80, a 60-year resident of the neighborhood. "I remember when you used to have to walk in the street because (loiterers would) be on the sidewalk. It's cleaned up.''

Businesses have played music for years, choosing selections to attract a specific clientele or even to keep teen- agers from hanging out. But it wasn't until recently that police used the approach to keep troublemakers away from an area. The troubled corner has been a problem for 15 years and police occasionally increased patrols in the area for weeks at a time. Police Chief Ric Bradshaw demanded a permanent solution after a murder in the area in March. 2 Pennsylvania men took a wrong turn and one was fatally shot. Sgt. Ron Ghianda had learned at a seminar about music being used for nuisance abatement in Texas, and he and Sgt. Patrick Flannery decided to give it a try. They spent less than $500 for a CD player and speakers. The department also installed better lighting and cut down trees that provided shade in the daytime.
"It's not practical to have a cop sitting there all day long,'' Ghianda said. ``So what do you do? How do you change the scope of the neighborhood?'' Police chose classical music because they believed it would drive away people who didn't appreciate it and relax others enough that they would keep out of trouble. West Palm Beach police don't know of any other Florida law enforcement agency playing music to deter crime, but several businesses and police in Fort Pierce and Delray Beach have called the department for information. Recent statistics indicate crime is down on the corner. Drug-related calls dropped to four from February through June, compared to 20 during the same period in 2000, according to the police department. Calls for service were down to 83 from 119 last year during those five months.
Durham and others might like the music, but not everyone shares their opinion. The music was silenced for three weeks when vandals pulled out the speaker wires and used a sledgehammer to smash the electricity meter on the side of the building.

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