Nonviolence 4 Equality

• Logistics and Planning Pointers - for Protests, Demonstrations and Civil Disobedience; click on link for more information. [POWERPOINT UNDER CONSTRUCTION]

LOGISTICS and PLANNING for Protests, Demonstrations and Civil Disobedience

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Protests, Demonstrations, Civil Disobedience and a large assortment of direct actions fall under the U.S. Constitution First Amendment guarantees of freedom of speech and freedom of peaceful assembly.  Most public jurisdictions and law enforcement agencies hold these rights as sacred as we do and by stating up front that your action is an expression of First Amendment rights, a clear understanding is established up front that what you are planning is legal and is a long used tactic of the citizenry in addressing their grievances to the “authorities.”  Knowing this should give you all the confidence needed to negotiate thru many of the conflicts that may arise in planning and executing a direct action.  And, there’s nothing like having a well seasoned constitutional rights attorney standing with you as you work thru your planning.  And, while the ACLU doesn’t generally defend individuals involved in civil disobediences, they will generally be very supportive if a jurisdiction attempts to minimize or abrogate the right to free speech and/or public assembly.

Law Enforcement Agencies

Sometimes we may have a direct action cause which is specifically related to a particular law enforcement agency (Jena 6, Rodney King, etc. … sadly, the list is long!), and sometime our cause is not directly related to a law enforcement agency, but with a branch of government (U.S. war policies, imperialism, mistreatment of immigrants, cities mistreatment of the homeless, etc.), or a church or religion (religion based oppression of LGBT people) or other adversaries.  In that case, many times the law enforcement agencies can assist us in furthering our message to the broader community.

By utilizing our First Amendment guaranteed freedom of speech rights, we may choose to submit to voluntary arrest (civil disobedience) for breaking an unjust law or for a symbolic action calling the public’s attention our cause.  In this case, Soulforce believes that it’s an act of violence to create a situation where law enforcement agencies are responding to our civil disobedience in an emergency “mode” which might cause harm to police or to innocent bystanders who could be injured during an emergency response crash, etc.  So, it is from this place of not wanting to cause an act of violence against the law enforcement agencies’ employees or the public, that we choose to communicate with the law enforcement agency prior to a Protest, Demonstration or Civil Disobedience (P, D or CD) to provide a general outline of our cause, our planned actions and some details around the planned CD.

We recognize that not everyone interprets nonviolence in this way and will not feel called to enter into this dialog, however, for those who do, here are some general guidelines that may be helpful:

1.  The goal is to create a safe direct action for participants and non-participants alike, so communicating some of the basic information around time, date and location are a place to begin the conversation.  I generally prepare a one page letter describing my organization (mission, vision, website, etc.), the cause for which we’re struggling, a mention of the efforts that have already been made to solve the problem prior to this direct action, the date and location of the upcoming action and my contact information. I then FAX this letter to the chief of police or sheriff having jurisdiction over the location and invite them to contact me for more information. 

2.  They usually don’t reply, so, two or three days later, I follow up with a phone call to the chief’s/sheriff’s office and ask whether they’ve received my fax and open a conversation there. At the very least, I like to establish some kind of relationship with the chief/sheriff or their designee so that our P, D or CD can go along without undue interference from the law enforcement agency. They will generally appreciate the “head’s up” and generally respond in a much more human way than if they are making an emergency response.  I have found that most law enforcement agencies are clear about First Amendment rights and support our right of free speech, IF, we conduct our P,D or CD in a cooperative and nonviolent way.

3.  Sometimes, it may be helpful to discuss an action in even more detail so as to provide maximum impact for the adversary and the public. Anything from establishing specifically what action will result in arrest (crossing this threshold, blocking this drive/door, entering or sitting in a premises, etc.) can be discussed.  Obviously, law enforcement people are going to be more willing to discuss a nonviolent/cooperative CD that doesn’t harm or risk injury to anyone than they are for something like blocking a street or highway.  If that were the plan, it may be best to advise about organization’s history, goals and commitment to nonviolence, etc. and the date of an action (or not) without disclosing the specific time and location.

4.  Perhaps, the most important detail to come out of this letter writing and conversation experience is to establish an open channel of communication between the P, D or CD organizers and the law enforcement agency.  Both leading up to the action, during the action and following the action.  It can be very helpful to be a resource to the police to dispel any rumors which may be floating around concerning the action and to receive from the police any information about counter-protesters and/or plans for infiltration.

5.  Just prior to and leading up to the action, it is important to have an open channel of communication with the onsite police.  Again, this is to make sure that the P, D or CD is conducted in the best possible way to achieve communication with our adversary, for press attention and for safety.

6.  For a CD, it’s important to have an understanding of the police procedure for arrest; that is, will there be one warning, two warnings or no warnings prior to arrest?  Will the arrests be processed “on site” or will arrestees be transported to a central processing facility?  If transported…where will they be taken?  Will their property be taken and will they be placed in the general population?  Will they be fingerprinted and will there be a background check before bonding out?  Is there a set bond or will the arrestees have to go before a magistrate or a judge?  (These are all questions that need to be pursued in conversation with the law enforcement agency or with attorneys.)  Many times a larger group (including those who may not be willing/able to volunteer for arrest) can instigate the CD, providing impressive visuals for the action, and then non-arrestees remove themselves from the “illegal area” following the warnings and prior to arrest.

Legal Observers 

It can be very helpful to have educated and trained attorneys present and identified as “Legal Observers” to make sure that everything goes well.  If a law enforcement agent is inclined to violate our guaranteed rights of free speech and assembly, many times a Legal Observer will discourage them from such violation.  Also, they serve as ideal witnesses if a court case follows the P, D or CD. 

Further, many times it is helpful to have additional personnel identified as “Legal Observer” recording video and audio of the P, D or CD.  Again, this may discourage any violation of rights and provide valuable evidence in the event of a trial.

Legal Representation

On a parallel track to opening dialog with the law enforcement agency, it’s important to identify legal representation to both facilitate the release of anyone who is arrested and to pursue resolution of the cases.  Many times, an attorney(s) will handle these cases for pro bono (no charge for representation with client paying only out of pocket expenses) or low bono ( a much reduced fee for the attorney’s assistance), so be sure and ask.  Prior to finalizing a fee arrangement with attorneys, a strategy needs to be determined regarding arrest and bonding out vs. arrest and staying in jail and whether or not to take the arrest cases to trial.

Sometimes, challenging the arrest is not necessary as the purpose of the CD was to draw attention to a cause or demonstrate commitment to the cause, etc.  In that case, it may be the strategy to simply bond out of jail and negotiate/plea the case with the prosecuting attorney’s office. Many times, the prosecutor will agree to “plea” the case out for a bond forfeiture or other fine, with the amount of the bond over the fine being refunded.

However, many times, a trial can provide additional opportunities to get the message out to the broader community and to have an opportunity to describe in even more detail the nature of the injustice which is being challenged.  In this case, an agreement can be made with the attorney to take the case to trial and pursue a variety of constitutional and legal arguments.  This is the case the SOA (School of America’s Watch) takes during its annual protest and civil disobedience. They are attempting to prove the illegality of the U.S. Army sponsored WHINSEC training school at Ft. Benning, GA.

Use Permits

The issue of Permits includes everything from Parade/March permits to street closure permits to public park facility use permits.  It can be as simple as going by a city parks management office and filling out a form to a complicated dance with bureaucrats and city council members and the Fire Department and on and on.  And, with perseverance and an attitude that we have the same rights to use public spaces as anyone else, permits can be gotten.

There are at least two schools of thought regarding getting permits for protests, demonstrations and direct actions.  One school says that our beef is not with the local authorities and it’s best to get a permit so that the unpermitted use of a public space doesn’t get in the way of carrying thru on the protest or demonstration.  The other school, as eloquently presented recently by the uber activist Naomi Klein (see the video) says that by doing “legal” protests, we’re left impotent.  In her opinion, for a mass protest to work (admittedly, only one of many different direct actions that can be planned), they must go into the streets, block traffic, disrupt business as usual and show the general public that “all is not well!” 

If you choose to get a permit for a march or protest or public park event, the local law enforcement agency (city police, county sheriff, U.S. Parks Service) can point you in the direction you’ll need to go to secure a permit.

Sound Amplification Permits

A permit may be a requirement for amplified sound systems. If you choose to do a “permitted” direct action, be sure to ask about the requirements for sound permits.

Insurance

As expected, there are a variety of state Supreme Court rulings regarding the legality of municipalities, other public property holders and mall owners requiring liability insurance before a permit or permission will be granted for a protest or demonstration.  Generally, courts have held that requiring insurance abrogrates the right to free speech.  So, if there’s a suggested requirement to provide insurance, it can usually be negotiated away by mentioning court cases which have ruled against an insurance requirement.

Special Event Type Direct Actions

A special event type direct action is one that may require street closures, like a parade or street festival.  These differ from a sidewalk protest or demonstration in that special arrangements must be made to re-route pedestrian or vehicular traffic.  Unlike sidewalk demonstrations, a special event direct action may require payments for insurance, police to staff street closure barricades, trash removal and other expenses directly related to the direct action.  It can all get very complicated and costly very quickly, so be sure to ask lots of questions and know exactly what is required before finalizing direct action plans.

Counter-Demonstrators

There are often anti-LGBTQ counter-demonstrators at an action, ranging from the silent to the openly hostile, many times using religious scripture as a weapon with which to attack us.  Special attention should be given to any participant who may be quick to anger and who might not be able to remain silent when faced with counter-demonstrators.

Many times, like us, the counter-demonstrators are actively seeking media coverage for their position and they will try to goad us into confronting them.  The best response is no response at all.  If they are engaged in any way - by arguing, starting a “my group can sing louder than your group” fight, yelling insults, or otherwise demonstrating hostility – their position will inevitably end up on the evening news, damaging our cause.  We send a very powerful, positive message to the press and other observers if, in the face of open hostility, we peacefully, silently and determinedly move forward with our Action while ignoring the hostility, (See Peace Keeper Guidelines for more information about how to address counter-demonstrators.)

Some Additional Thoughts

Consider the timing of the civil disobedience so as to maximize press coverage; many times a CD that occurs in the morning can make it onto the midday and both evening news programs.

Also, consider the timing in relationship to the processing of arrests.  Many times a late afternoon or evening CD will result in an overnight stay in jail for the arrestees.

Likewise, a late Friday afternoon or evening CD may result in the arrestees spending the weekend in jail before seeing a magistrate or judge for a bond setting.

Sometimes (Milwaukee, WI is an example), a schedule of bonds is already established and in-state arrestees can be release immediately upon the payment of the established bond amount.

Be aware that anyone with outstanding warrants (even traffic tickets) may be held in jail for an extended period of time and not released until some kind of settlement has been made for the outstanding warrants.

Juveniles (under 18 years of age) have a whole different experience with arrest.  Without parents or legal guardian present, it may involve a court appointed guardian.  It will definitely result in the minor being transported to a juvenile detention facility.  It can be a difficult process.

Transgender people face a whole new set of issues when arrested.  Typically, a person being arrested will be treated in accordance with the gender indicated on their driver’s license or other official identification card.  When the gender presentation is not the same as indicated on the ID, some very challenging circumstances can follow…from significant inconvenience and embarrassment to outright physical and emotional mistreatment.  Trans people generally face a very difficult process in being arrested and should prepare effectively for the challenge.

Generally, medications of any sort will not be allowed in the detention facility…with or without prescription…from cholesterol meds to heart medication…generally, no meds of any sort are allowed in jail.  If you are on a required medication, you should bring a doctor’s prescription with you and you should be prepared to do without the meds for an extended period of time.

NOTE:  If, after searching diligently thru the scads of information available throughout this website, you have a question regarding your planning, please address questions to info@soulforce.org and we will do our best to respond and help solve the challenge.

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