To: greenspirit who wrote (191673 ) 10/13/2001 9:10:11 AM From: D.Austin Read Replies (1) | Respond to of 769667 Exercising Your Rights Of Political Protest In Washington, DC Prepared by the Washington, DC Chapter of the National Lawyers Guild -------------------------------------------------------------------------------- The Washington, DC Chapter of the National Lawyers Guild (NLG) has prepared this document to give general legal information to people seeking to press progressive political issues in Washington, DC. The information is intended to assist people who have already independently decided to engage in civil disobedience. 1. Introduction 2. Important disclaimer -- do not skim! 3. Special considerations for non-citizens 4. Minors 5. DC Is Different 6. A Few Common Charges Resulting From Protest Activities 7. Know ahead of time what your rights are and how you plan to react to the threat of arrest 8. What happens when you are arrested 9. Precautions for Jail 10. A word on non-cooperation ("jail solidarity") 11. Court 12. "Forget this! How do I stay out of jail?" 13. The progressive legal community supports you! 14. About us -------------------------------------------------------------------------------- Introduction Washington, DC has a long and full history of political protest. Police and other authorities here are probably more accustomed to demonstrations than in any other city. Still, overreactions are not unknown. We have had a great deal of success in securing permits for demonstrators who want a legal event and in negotiating with police and prosecutors in a reasonable way when demonstrators decide to engage in civil disobedience. The police often try to intimidate protestors into not exercising their First Amendment rights, and arrests are sometimes rougher than necessary. These materials are offered as a way of disseminating information to anyone considering a demonstration in Washington, DC. They are prepared in preparation for the IMF and World Bank meeting in April, 2000, but we have tried to provide a range of materials that will be useful for most any protest. We try to mention political concerns and choices as they arise, but please keep in mind that often there is a big difference between politics and law. We try to help you understand the legal process to some degree so you can make informed choices, but the most important thing is for you to think through everything ahead of time and decide what you want to do in any given situation before it happens. Important disclaimer -- do not skim! The following overview is not meant to be exhaustive, nor is it intended to substitute for personal legal advice. Each person contemplating exercising his/her political rights in a public forum needs to understand that he/she may have special legal problems. For instance, someone who is on probation or parole for some other offense (perhaps, but not necessarily, political) may have particular legal problems that cannot be covered in this hand-out. Additionally, people who are not U.S. citizens may encounter special legal problems; we do have a section that discusses this topic, but it is by no means exhaustive. Similarly, if there are warrants out for your arrest, you need to be very careful about your contacts with the police -- an arrest here will likely lead to your extradition to whatever jurisdiction wants you. Finally, juveniles under the age of eighteen are dealt with differently than adults. The advice in this manual is geared towards adults. If you need personal legal advice, you should consult with a lawyer on an individual basis. If you have any doubts about whether you have special circumstances, seek legal assistance. Additionally, there is a difference between what you are legally entitled to do in a theoretical sense, and what the police on a particular occasion are going to let you do. The police act under the orders of their commanders, who in turn get their orders from others higher up in the government. Accordingly, whether or not a particular police action violates your constitutional rights in an abstract sense (e.g. an order to clear the area), the order may be enforced because someone in control (e.g. a Secret Service officer for the President) orders it. In such circumstances, remember that the police carry automatic weapons, clubs, tear gas, pepper spray, and other lethal weapons. They are trained in crowd control, are often in good physical shape, may have beat people up in the past, and regularly arrest people and book them into the jail. Personal safety is therefore paramount. Think about it before you insist on vindicating your rights. Special considerations for non-citizens All applicants for admission to the United States have to satisfy the immigration officer who inspects them at the border to see that they are admissible to the United States "beyond a doubt." This requires satisfying both the documentary and substantive requirements. Except for Canadians, most people need a passport and a visa. It is generally permissible to travel to the U.S. as a "visitor for pleasure," for "legitimate activities of a recreational character, including tourism, amusement, visits with friends bla bla bla bla bla bla bla bla bla bla blaa16.org