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 at www.rncprotestrights.org/map.html. 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 (nycplc.mahost.org/) 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.

See also:
www.nyc-justice.org