"What RNC Protesters Can Expect from New York Police"

Alex Vitale

Permits

Permits have been granted for most of the large
demonstrations planned before and during the
convention, though some disputes over march and rally
locations are ongoing. For the latest information you
can check www.rncprotestrights.org. In general you
only need a permit for an event if it involves a
street or sidewalk closure, amplified sound, or
includes more than 20 people in a park. During the
RNC, however, you can expect more restrictive
practices, especially in midtown. It is also possible
that the police will refuse to grant any additional
permits. The one exception to this is the planned
protest area on Eighth Avenue and 31st St. This is the
one location where groups may be able to get a permit
to rally on short notice.If you want to do an action
without a permit you can try notifying the local
precinct ahead of time and it's possible that they
will accommodate you with a protest pen. On the other
hand, people have had good luck in the past with small
events by just showing up and doing their action.
Sometimes the police will leave you alone, and even
when they don't it often takes them awhile to take any
enforcement action. For more information on legal
issues around permits and to request a legal observer
go to www.nlgnyc.org

Protest Pens

Over the last decade the NYPD has been using metal and
wooden barricades to enclose demonstrations both large
and small. These pens are usually four sided and
segregate demonstrators from traffic and pedestrians.
In large events the demonstration is broken up into
one block segments leaving crosstown traffic open.
There is often an emergency lane on one side as
well — allowing police quick access to all parts of the
demonstration. This system makes interacting with non
demonstrators and sometimes other participants very
difficult, if not impossible. People have been forced
into pens if they are demonstrating nearby and are
often not allowed to move from one pen to another
during an event. A recent federal court injunction
requires that the police create openings on all four
sides of the pens and allow people to exit and enter
the pens more easily than in the past. This ruling,
however, may be appealed before the convention.

Access to Demonstrations

As part of the system of demonstration pens, the
police in the past have limited access to
demonstration areas, especially at large events. At
these events only one demonstration pen has been open
to arriving people at one time. Other side street are
often closed forcing people to sometimes walk for
several blocks before they find an opening to the
demonstration. This has created bottlenecks in the
past with demonstrators sometimes being turned away
completely from the event. In other instances people
have spilled into the streets prompting the police to
use force to disperse them. A recent injunction has
ordered the police to clearly indicate how
demonstrators are supposed to access events through
signs, sound trucks, and other means. They have also
been told to limit the closure of streets and
sidewalks near demonstration areas. This too may be
appealed.

Searches

The NYPD has frequently indicated their intention to
search demonstrators at high profile events. In
practice this has not been done on a wide scale,
though the police do often take sticks and other large
objects away from demonstrators — even when they are
being used to hold banners, etc. A recent court
injunction has prohibited the police from engaging in
blanket searches, but leaves them room to conduct
searches where there is either reasonable suspicion
concerning an individual or when there is a specific
threat at an event that could reasonably be addressed
through mass searches. This too may be appealed.

Police Violence

In general, police use of force at demonstrations in
New York has been limited and carried out in an
organized manner. Rather than relying on the use of
high tech weaponry, the NYPD tends to utilize huge
numbers of officer in standard uniforms; sometimes
with helmets and night sticks. The also frequently
assign police on motor scooters and occasionally
horses. The use of bikes at demonstrations is
uncommon.

The NYPD tends to view any violation of the law as
sufficient pretext for the use of force. This means
that individuals wearing masks, standing passively in
the street without a permit, or refusing police orders
have been subjected to pepper spray, riot formations
(with batons and sometimes shields), horse charges,
and arrest — even in the absence of any violence or
property destruction. In addition, the department owns
European-style water cannons, armored jeeps, and a
variety of less lethal weapons such as tear gas and
rubber bullets. These latter weapons have not been
used for many years, and would probably only be used
in the event of significant violence or property
destruction after more conventional means have failed.
In addition, the police often deploy dogs and highly
armed anti-terrorism "Hercules" units at large
demonstration near "sensitive" locations. These units
have never taken part in actual enforcement efforts,
and their potential role is unclear. The police have
said that these units are there strictly for the
purposes of fighting terrorism. The K-9 units are
generally made up of ?sniffer? dogs trained to find
weapons and not for the control of crowds.

Other Law Enforcement Agencies

The Secret Service has broad authority over security
during the convention. They will be utilizing
resources from a variety of agencies including the
FBI, National Guard, NYPD, and the Department of
Homeland Security. This, however, applies primarily to
the convention area and to the movement of delegates
and politicians. The handling of demonstrations is
likely to be done almost exclusively by the NYPD,
which is much larger and more experienced.
Demonstrators near different federal and state offices
including court buildings, transportation hubs, and
bridges and tunnels can expect to see a variety of law
enforcement agencies including the Port Authority
Police, Federal Protective Service, and New York State
Police. In general, these officers are assigned
strictly to maintain security at locations under their
authority, but they are all free to take enforcement
action beyond that. Some of these agencies are trained
in riot control, use dogs, and have less lethal
weaponry available. People arrested by these other
agencies may end up in separate holding and processing
facilities and different courts if prosecuted. It is
possible, however, that they will simply be turned
over to the NYPD.

Protest Free Zones — States of Emergency

An elaborate system of street and sidewalk closures
will be in place during the convention. A map with
details can be reviewed
here. In general,
the area surrounding the convention site will be
sealed off and a large swath of 7th Ave. and 8th Ave.
from 29th St. to 42nd St. will be closed to cars and
possibly pedestrians while the convention is in
session.

Legal Support

The National Lawyers Guild (www.nlgnyc.org) in
conjunction with the
People's Law Collective is providing around the
clock legal support beginning on August 26th. Check
their web sites for the legal phone number. They will
assign legal observes as requested to any
demonstration, provide legal advice to those planning
demonstrations, and coordinate legal representation
for those arrested and prosecuted. The Legal Aid
Society is prepared to represent low income defendants
and the NLG is arranging volunteer attorneys for
others.

The NLG will not be organizing jail solidarity or
bail. Groups are encouraged to plan ahead, attend
legal trainings, and coordinate jail solidarity and
bail with others. The NLG is prepared to provide legal
advice and to coordinate with groups doing this work.

The New York Civil Liberties Union
(www.rncprotestrights.org) has been helping
organizations obtain permits and put pressure on the
police through the courts and the City Council to be
less intrusive and restrictive. They will be providing
legal monitors during the convention to make sure the
police abide by the law and recent court rulings. They
may also intercede politically or legally if problems
develop during the course of the convention. The have
a storefront space to take complaints at during the
convention at 520 8th Ave at 36th St.