Martin Austermuhle
Photo by ekelly80
This morning the House Oversight Committee is holding a hearing to determine how and why the Occupy D.C. encampment at McPherson Square has been allowed to remain for close to four months. According to critics, including Rep. Darrell Issa (R-CA), the protesters have been camped out there, which is against National Park Service rules. Mayor Vince Gray largely agrees, and wants them moved to Freedom Plaza.
But in testimony made available before the 9:30 a.m. hearing, Jonathan Jarvis, the director of the National Park Service, is set to argue that Occupy D.C. protesters have been allowed to remain at McPherson Square because they have not reached the 500-person cap that would require them to get a permit. Additionally, he says, the protesters aren’t really camping, but rather engaging in a round-the-clock vigil:
In the case of the McPherson Square demonstration, the demonstrators did not apply for a permit prior to the start of their demonstration, nor were they required to do so. NPS regulations, which were promulgated in 1983, do not require a permit for the use of McPherson Square if the activity involves fewer than 500 people. NPS regulations do not allow for camping within McPherson Square; however, temporary structures, including tents, are permissible as part of a demonstration to further their symbolic message or to meet logistical needs. Constant, roundthe-clock demonstration vigils have been a regular occurrence in some national park areas.
Some House Republicans have already disagreed, noting that tourists can’t well pitch a tent in a federal park in downtown D.C. at the height of summer. Also at odds with the Park Service is Deputy Mayor for Public Safety and Justice Paul Quander, who is set to argue that the occupiers haven’t been as peaceful as they let on and have imposed a burden on the District and its agencies:
For the most part, protests and the occupants of the encampments have been peaceful. There has been the usual taunting and insulting of police officers which is common. However, on a few occasions, the tactics of the protestors have become very aggressive and dangerous resulting in injuries and situations where law abiding citizens were unable to exit buildings or travel on our public roadways. For instance, blocking entrances and exits to buildings – and using children as tools to do so – as well as physically challenging attendees of events espousing opposing political views are unacceptable tactics, and potentially harmful. Blocking traffic and jumping in front of vehicles is especially dangerous. Furthermore, there have been incidents of destruction of property. But most worrisome has been the incidents of violence at McPherson Square such as the attacks on a Park Police officer and later an occupant of the encampment, both of which resulted in hospitalization. And most recently, we had the neglect of a 13 month old barely clothed infant who was left unattended by her father in a tent in 40 degrees weather. This cannot be tolerated.
According to Quander’s testimony, which will likely be backed by D.C. Police Chief Cathy Lanier when she testifies, D.C. police have arrested 68 people associated with Occupy D.C. since October, spent $63,000 on ambulances needed at McPherson Square and put over $1.6 million towards dealing with the encampment. Quander says that concerns have been raised about health and safety, including the presence of rats, and that D.C. and the Park Service need to develop an evacuation plan for any emergencies.
A William & Mary law professor that is testifying is playing it somewhere near the middle, saying that while the Park Service is obeying its rules, there are also reasonable restrictions that can be placed on First Amendment activities.
Our own Benjamin Freed is there, and you can follow his tweets here. (Also: Tim Craig, Mark Segraves, Aubrey Whelan.) He’ll have a full-write-up later today.
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