More than two years after 400-plus peaceful protestors were illegally arrested in Pershing Park during anti-globalization protests, a new District law protecting public assembly and the freedom of expression has gone into effect. The First Amendment Rights and Police Practices Act of 2004, whose enactment was spearheaded by Councilwoman Kathy Patterson (D-Ward 3), was signed on Jan. 27 of this year and took force on April 13.
The law declares that protestors have the First Amendment right to engage in protests in locations where they are likely to be seen and heard; does away with demonstrations permits and instead requires that protestors simply notify the police department of such events (except for demonstrations of fewer than 50 people or marches that stay on sidewalks and obey traffic signals); requires that police officers wear clearly displayed badges and other forms of identification; prohibits the dispersal of crowds unless a significant percentage of the protestors are engaging in disorderly conduct; and, in response to the Pershing Park incident, requires that dispersal orders be clear and audibal and forbids the encircling of protestors unless needed to protect their safety. The ACLU of the National Capital Area offers a full run-down of the law in DC Watch’s most recent newsletter.
The Pershing Park arrests proved an embarrassment for D.C. Mayor Anthony Williams and Police Chief Charles Ramsey and resulted in a court-arbitrated settlement in which seven plaintiffs were awarded $48,000 each and issued a written apology from the city.
The image above was taken from www.umcp.org, the online home to the progressive community at the University of Maryland.
Martin Austermuhle