Protest spurs questions of Constitution
Police, demonstrators to try to untangle what happened and when
RICHARD RUBIN AND GREG LACOUR
September 27, 2006http://www.charlotte.com/mld/charlotte/news/15617247.htm
rrubin@charlotteobserver.comglacour@charlotteobserver.com
Exactly when and why police shut down a weekend peace protest could determine whether officers violated protesters' First Amendment rights.
The protest organizer says yes. Charlotte-Mecklenburg police are investigating the uptown incident and interviewing the 18 officers involved, said Capt. Cam Selvey, the police spokesman.
Police charged six people Saturday night with misdemeanors, mostly disorderly conduct.
They also ordered the crowd to disperse, and that decision sits in the space where free speech, free assembly and public order collide, constitutional lawyers said.
"It's one thing to go after somebody, a particular person who violates the law," said William Marshall, a professor at the UNC School of Law. "And it's another thing to shut down the protest as a whole."
The scuffle started late Saturday at the intersection of Trade and Tryon streets, where about 200 protesters had assembled for a rally and a concert. An off-duty officer working at the Marriott City Center investigated a noise complaint at the hotel's request, police have said.
Even when they're off duty, sworn officers are required to enforce the law when they suspect it's being broken, Selvey said.
The incident
Protesters said that first officer ordered them to shut down the music, even though he lacked a decibel meter to check whether the noise violated the group's city-issued permit for amplified sound. Police have said that they ordered the event to end only after a disturbance began.At one point, police said, a newspaper was lit on fire at an officer's feet and protesters yelled profanities at officers. David Crane, a protester who was arrested, said he suffered broken ribs and a punctured lung. One person was shocked with a police Taser, triggering an internal investigation.
Officers cannot arrest people because of what they say -- unless the statements clearly and directly incite violence, said Erwin Chemerinsky, a constitutional law professor at Duke University.
"People have the right to peaceably assemble. They have the right to chant," he said. "They have the right to make some noise. They have the right to swear at the police."
State law gives officers some discretion to stop protests, said Mark Newbold, an attorney for the police department.
Says the law: "Any law enforcement officer or public official responsible for keeping the peace may issue a command to disperse ... if he reasonably believes that a riot, or disorderly conduct by an assemblage of three or more persons, is occurring."
Officers receive training on this law, Newbold said.
The legal question
Such laws are common across the country, Chemerinsky said. The question is: When police stopped the protest, could they reasonably conclude that life or property was in danger?
Event organizer David Dixon said Tuesday that he or his organization, Action Center for Justice, plan to sue the city.
Dixon's attorney, Jim Gronquist, said he's concentrating for now on defending the six people arrested in their criminal cases.
Police Chief Darrel Stephens was out of town and unavailable for comment Tuesday.
Mayor Pat McCrory said that police acted appropriately and that protesters who were arrested showed "disrespect for the law" and "thug-like behavior."
"We allow them by law to have a permit and assemble, but that did not give them the right to break other laws," he said. "If they don't obey an officer's request, our officer is going to try to protect others and himself. ... They should be able to do that. There's no excuse for setting a fire behind an officer's legs and using intimidating language to a police officer.
"What's amazing," McCrory added, "is that some of the people involved call themselves pacifists."
Protesters call for charges to be dropped
People at Saturday's anti-war rally say police violated their rights
KYTJA WEIR
kweir@charlotteobserver.com
http://www.charlotte.com/mld/observer/15609095.htm
An online petition with hundreds of names calls for police to drop charges against protesters arrested Saturday in a scuffle with police in uptown Charlotte.
Six people were arrested, including one who was shocked with a Taser, during an anti-war rally involving about 200 people at Trade and Tryon streets. One of the men arrested was hospitalized overnight Sunday because, he said, police caused broken ribs and a punctured lung.
Protesters say police infringed on the rights they were trying to uphold at Saturday's Human Rights Fest. They are campaigning for the charges against the arrested men to be dropped. As of 11:05 p.m. Monday, 709 names were listed on their online petition, with signers from the Carolinas, Texas, California, Massachusetts and Montana.
Charlotte-Mecklenburg police say protesters got out of control when an officer investigated a noise complaint. They said the protesters placed a lit newspaper at the officer's feet and cursed police. Some refused to follow orders. Police are reviewing their response.
"It's not the Police Department's role to deny anyone their rights," said Capt. Cam Selvey. But he added that police must ensure that protesters exercise their rights in a safe manner.
Event organizer David Dixon said the group didn't seek out a confrontation. "We didn't create a public safety issue," he said.
Saturday was the third time in two years that police and large crowds have scuffled in uptown. But the previous incidents followed Fourth of July fireworks shows and did not involve permitted protests.
The Action Center for Justice, which organized the event, has held other rallies around the city without problems. Police said they did not anticipate such large crowds for the group's protest on Saturday. The permit application estimated about 100 people, but police said usually only about 10 show up for the group's events.
What happened
At issue is what occurred during an approximately 15-minute span late Saturday night. Neither police nor protesters agree on what caused matters to escalate.Video cameras are positioned around uptown. But police said the camera they have trained on the square at Trade and Tryon is usually programmed in advance. On Saturday, Capt. Chuck Adkins said, it was fixed on the corner across the street near a large disc sculpture where bands sometimes set up. That means it did not capture the scuffle, he said.
Protest participants may have shot video of the incident, but Dixon said he hadn't seen any of it.
The Human Rights Fest was slated to run from 8 p.m. until midnight at the square. It called for stopping the criminalization of the poor; freeing political prisoners; ending the occupation of Afghanistan, Iraq and Lebanon; and bringing home U.S. troops. They also rallied to oppose war with Iran.
Police say the protesters had a valid permit but shouldn't have been in that area after dark. Their permit was for the intersection, Adkins said, not for Polk Park on the western corner that closes at dusk.
Dixon, though, said police don't enforce that, noting that it's common to see people in Polk Park at night.
He also said the source of the group's power supply was inside the park. And he said another Charlotte-Mecklenburg police officer told him earlier that night they could set up there even though it was already dark. The event then went on without incident until just after 11 p.m.
A Charlotte-Mecklenburg police officer who was working off-duty at the Marriott Hotel went to the intersection to follow up on noise complaints the hotel had received, police said. The cop was a veteran bike patrol officer, police said, who has experience with protests.
The event permit says the protesters could not exceed 65 decibels after 9 p.m. Police said that's louder than a lawn mower. Police did not carry equipment to measure the sound Saturday, but Adkins said it was likely too loud if hotel guests could hear it across the street.
The officer asked the band to turn down the music, both the organizer and the police said. Then, their accounts diverge.
Dixon said the band turned down the sound.
Adkins said someone lit a newspaper on fire and placed it behind the officer's legs, not close enough to burn but close enough to feel the heat. He said the band began to incite protesters by saying things such as "F--- the police, f--- the pigs."
Protesters have a right to exercise First Amendment rights to free speech, Adkins said. But, he added, when the language is likely to trigger a violent response, it's no longer protected speech.
Dixon said he didn't hear anyone yelling obscenities at police before the scuffle. And he said protesters put out the flaming newspaper when it was spotted. But, Dixon said, the officer told him everything needed to be shut down.
"The crowd didn't like what was going on," said Brandon Magness, 23, a member of Southside Punx, which was playing at the time. Another band member yelled out that the protesters had a constitutional right to be there.
The officer called for backup.
Police said 18 officers tried to disperse the protesters. Protesters said the police came in and jumped on the crowds.
When one officer tried to arrest a person, police said, another man tried to interfere. He refused orders to stay back, police said. The officer shocked the man with a Taser in what police called self-defense.
David Crane, 41, said he told police it was inappropriate for them to use a Taser on his friend. He said he criticized their behavior but denied using swear words or obscene gestures.
He said that he turned around to walk away and that a group of officers then jumped on him and started kneeing him in the back and mashing his head into the pavement. He was charged with disorderly conduct and violating the open container ordinance.
Police said none of the arrested men complained of injuries. They were taken to the Mecklenburg County jail, where, Crane said, a nurse checked out his injuries but said he wasn't hurt enough to go to the hospital.
Once he was released from jail Sunday, though, he went to Presbyterian Hospital. Doctors kept him overnight, telling him he had broken ribs and a punctured right lung.
Marcia Meredith, a spokeswoman for Presbyterian Hospital, confirmed that a David Crane was admitted Sunday and released Monday.
Crane said he had not filed a complaint with police as of Monday, because he had only just been released from the hospital. But Adkins said police are already looking into Crane's reported injuries.
What happens next
Adkins said police are also evaluating the department's overall preparation for the protest and their response. Police are investigating the use of the Taser, as they do any time one is deployed.
The next test may come Saturday, when the group plans to rally in Freedom Park to call for the impeachment of President Bush and Vice President Dick Cheney.
The event, scheduled to feature several other activist groups, already has a permit. Organizers insist the event is intended to promote respect and nonviolence. Adkins said police don't intend to change their plans for the event.
Dixon, though, said the group's attorney plus legal observers from the National Lawyers Guild would be on hand just in case.
6 arrested at anti-war protest in Charlotte
http://www.wcnc.com/news/local/stories/wcnc-092506-jmn-anti-war-protest.155b5359.html
08:57 AM EDT on Monday, September 25, 2006
Associated Press
A peace rally involving about 200 people ended with six arrests and a plan by police to review whether to allow the organizers to hold demonstrations in the future.
Police say the crowd was unruly at the Human Rights Fest held Saturday evening. But organizers said demonstrators were obeying the rules of their permit, and police were the ones who went out of control.
"The event was going great," said David Dixon, a coordinator of the Action Center for Justice, based in Charlotte. "It's unbelievable what happened, really."
The event promoted a number of causes including an end to war in Afghanistan, Iraq, Lebanon and Gaza.
Dixon said one of the four bands featured at the rally was finishing its performance at about 11 p.m. when a police officer said everything needed to be shut down, though the event had a permit until midnight. When the officer insisted, Dixon agreed to stop the event.
"'I don't care. I got my boys coming,"' Dixon said the officer told him.
Dixon said swarms of police officers charged into the crowd and began to jump on people. He said some officers pointed guns at people's heads, and at least a couple of protesters were hit with Tasers.
Police responded to a noise complaint at 11:13 p.m. and had to call in officers from other parts of the city to help disperse the unruly crowd, Capt. Chuck Adkins said. He said a total of 18 officers were involved.
The six people arrested face misdemeanor charges that included disorderly conduct, public disturbance and resisting a public officer. Dixon said his organization will try to get the charges dismissed.
Adkins said police and the city will discuss whether to allow the group to receive permits for protests in the future, evaluating the organization, its history and the relationship between its leaders and the people who were arrested.
Dixon said the organization will continue as planned with a rally this weekend in Freedom Park calling for the impeachment of President Bush and Vice President Dick Cheney.
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Charlotte Observer
Anti-war protest breaks the peace
Uptown rally ends with 6 arrests
KYTJA WEIR
http://www.charlotte.com/mld/observer/news/local/15601654.htm
Posted on Mon, Sep. 25, 2006
kweir@charlotteobserver.com
A peace rally involving about 200 protesters in uptown Charlotte ended Saturday night in a scuffle with police, leading to six arrests and at least one protester buzzed with a Taser.
Both sides agree on those facts but dispute how the protest got out of control.
"We were down there to stand up for people's rights," said David Dixon, a coordinator of the Charlotte-based Action Center for Justice. "We have people dying in Iraq and Afghanistan for our Constitution, and (the police) just flagrantly violated it."
Charlotte-Mecklenburg police, though, said the crowd was unruly. Capt. Chuck Adkins said police plan to review how to handle future permit requests from the organizers.
It was the third time in the past two years that police and large crowds have scuffled in uptown. But the previous two incidents followed the Fourth of July fireworks shows and did not involved permitted protests.
In fact, police and Dixon said they had never had run-ins at similar peace protests in Charlotte. Dixon estimated that he had worked on more than 100 protests since September 2001 without problems.
Saturday's Human Rights Fest was slated to run from 8 p.m. until midnight at the square of Trade and Tryon streets. Like many protests, it had several messages: Stop the criminalization of the poor. Free political prisoners. End the occupation of Afghanistan, Iraq, Lebanon and Palestine. Bring home U.S. troops. And -- one late addition -- no war in Iran.
"The event was going great," Dixon said. "It's unbelievable what happened, really."
He said the band Southside Punx, one of four bands featured at the event, was finishing its set about 11 p.m. when a police officer said everything needed to be shut down. The officer had complained about the music, saying it hurt his ears, Dixon said. Then the officer told Dixon someone had lit a newspaper ablaze on the ground.
Dixon said the protesters put out the small fire immediately. He said he told the officer the event had a permit until midnight. When the officer told him again that the event must end, he told the officer they would shut it down.
" `I don't care. I got my boys coming,' " Dixon said the officer told him.
A band member from Southside Punx yelled out that the protesters had a constitutional right to be there, Dixon said.
Police said they responded to a noise complaint at 11:13 p.m. Police had to bring in officers from other parts of the city, Adkins said, drawing a total of 18 officers to handle the 200-person crowd.
Some protesters yelled at officers, acted unruly and showed uncivilized behavior, said Adkins, the captain who oversees the district that covers uptown.
But Dixon said swarms of police charged into the crowd and started to jump on people. They pointed guns to people's heads, he said, and drew their Tasers.
"It seemed like anyone could be arrested or jumped on," he said. "It was scary."
One officer attempted to control a protester, police said, but another person tried to interfere. Police said they fired a Taser. The person was not injured, police said.
Dixon, however, said he believed two people were zapped with Tasers. He also said one man was beaten up. Dixon said he didn't know the extent of the man's injuries, but added that the man went to the hospital Sunday to get checked out.
Police said they arrested six people on misdemeanor charges that included disorderly conduct, public disturbance and resisting a public officer.
"Six people were arrested, five of which were doing nothing wrong," Dixon said.
He said his organization plans to start a campaign to get the charges dismissed.
Meanwhile, Adkins told the Observer on Sunday that police and the city will have to discuss whether to allow the group to receive other permits for protests.
He said they need to balance the group's First Amendment rights with Saturday's incidents. He said they plan to evaluate the group, its history, and the relationship between the leadership and those arrested.
Dixon, though, said the group planned to go ahead with a rally scheduled for this Saturday in Freedom Park to call for the impeachment of President Bush and Vice President Dick Cheney.
No problems reported at war protest in Charlotte
Associated Press
September 30, 2006
The event was sponsored by the
Organizers billed the event as a rally to call for the impeachment of President Bush and Vice President Dick Cheney.
"I knew what happened last week, but that didn't dissuade me from coming today," said Barbara Stanley, a Democratic Party activist from
Last weekend's rally ended with six arrests and one person injured. Police blamed protesters, saying they got out of control. Rally organizers said police, who used a Taser to subdue one person in the protest, overreacted.
One prticipant who attended both rallies said he needed to be at the park Saturday.
"I saw what happened last week," said Josh Mason, 18, of
No pro-Bush demonstrators attended Saturday's rally.
FREEDOM PARK
Anti-war rally at park peaceful
Demonstration held a week after protesters clashed with police
MARCIE YOUNG
myoung@charlotteobserver.com
Posted on Sun, Oct. 01, 2006 http://www.charlotte.com/mld/observer/15652246.htm
An afternoon rally held one week after police clashed with anti-war protesters uptown remained peaceful Saturday at Charlotte's Freedom Park.
Event organizers, including members of the Green Party and the
Police said last week's rally got out of control when protesters refused to follow orders, swore at officers and placed a burning newspaper near an officer's feet. Protesters said officers violated their First Amendment rights. At least one man was shocked with a Taser, and another protester, David Crane, said he suffered a broken rib and a punctured lung.
Organizers said Saturday's rally, which called for the impeachment of President Bush, attracted at least 50 more participants than last week's event, including some of those arrested.
Crane said he "wouldn't have missed this for the world."
Visible police presence was minimal Saturday, but C.W. McIver from the
Jim Gronquist, an attorney for the
"There's a disconnect for police between what's impolite and illegal speech," he said.
The
Planners said they tried to minimize confrontations Saturday by asking two punk rock bands not to use profanities during their performances, said Ken Davies, a Green Party organizer.
The first band violated the agreement, causing park officials to consider ending the event. After conversations with Davies, McIver decided to allow the second band to play but threatened to pull the sound if it happened again.
Protestors At Peace Rally Had Message For Police
http://www.wsoctv.com/news/9972349/detail.html
POSTED:
While many at the park were there to protest the war in
The group that played at the rally on Saturday, Dirty South Revolutionaries, was also playing last week at a concert in Uptown. That's when trouble erupted between officers and people at the concert.
Last week's concert was part of a human rights festival and protest. An off duty police officer working for a
Saturday locals gathered for a mass rally for the impeachment of President Bush. This event was organized by the Green Party. Dirty
The Green Party scheduled the Dirty South Revolutionaries to perform at Saturday's rally well before last weekend's trouble. They however did meet with the band on Thursday night and asked them not to use profanity or promote violence. But despite this warning, the band did use profanity is their songs, and several band supporters carried signs saying "Police the Police" and t-shirts saying "Stop Police Brutality."
The Charlotte Mecklenburg Police Department has launched an internal investigation into the circumstances that happened in Uptown. Meanwhile, several people that were arrested that night are planning to sue the city.
Copyright 2006 by WSOCTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
War rally at park peaceful
MARCIE YOUNG
myoung@charlotteobserver.com
Posted on Sat, Sep. 30, 2006 http://www.charlotte.com/mld/charlotte/15649835.htm
An afternoon rally held one week after police clashed with anti-war protesters uptown remained peaceful Saturday at Charlotte's Freedom Park.
Event organizers, including members of the Green Party and the
Police say last week's rally got out of control when protesters refused to follow orders, swore at officers and placed a burning newspaper near an officer's feet. Protesters say officers violated their First Amendment rights. At least one man was hit with a stun gun and another protester, David Crane, said he suffered a broken rib and punctured lung.
Organizers said Saturday's rally, which called for the impeachment of President Bush, attracted at least 50 more participants than last week's event, including some of those arrested.
Read tomorrow's Charlotte Observer for more details on this developing story.
Hope for a peaceful peace rally
http://www.wcnc.com/news/local/stories/wcnc-092906-jmn-peaceful_rally.2cc75409.html
09:43 PM EDT on Friday, September 29, 2006
Keeping the peace is a priority at an anti-war demonstration planned for Saturday, after police and protestors scuffled at a rally last weekend.
There are very different accounts of what happened at last weekend's rally. Protestors said police crossed the line, but police said officers feared the crowd was getting out of control and had to move in. Now both sides are hoping to avoid a repeat of what happened last weekend when they meet at
The group calls itself the
"This seemed to be a few officers that did not like the message that we had and they did not like the bands that we had and they took it upon themselves to just jump on people," said David Dixon, protest organizer.
Six people were arrested for disorderly conduct after officers responded to a noise complaint.
Protest organizers claim one of the men who was arrested suffered from cracked ribs and a punctured lung.
"It was a total fiasco, it was totally uncalled for by the
Lipford was not part of last week's protest, but she and other groups are joining the action center for justice in another protest this Saturday at
It is an event that police plan to watch closely.
"We look at who is going there, what other type of activities might be around there and what information we have of problems we should anticipate," said CMPD Capt. Chuck Adkins.
He said no problems are expected, but organizers said that with police in the audience they will be more wary of what they say this weekend.
Police said their investigation into what happened last week continues. But a spokesperson said right now it appears those officers did nothing wrong.
Meanwhile, we're told the six people arrested last weekend plan on fighting their disorderly conduct charges on court.
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