Posted on 05/01/2008 5:38:07 PM PDT by mdittmar
Activists challenge a police policy under which protesters can be arrested rather than only cited.
Civil-rights activists say a Denver police policy could result in mass arrests and a clogged jail during the 2008 Democratic National Convention, and they have filed a claim seeking monetary damages over its use last Columbus Day parade.
"We think there is a strong possibility that Denver is headed for a very disastrous and catastrophic situation," said Mark Silverstein, who directs the Colorado American Civil Liberties Union.
The policy regards police handling of misdemeanor offenses committed by protesters.
Until last year, Denver's policy for minor offenses was to give the accused a summons to appear in court. But before October's Columbus Day parade, the police changed the policy to arrest and detain protesters, even for minor offenses. More than 80 protesters were arrested for trying to block the parade route, leading to the ACLU complaint early last month. The claim marks the precursor to a formal lawsuit, although Silverstein said the intent of the filing is to "nudge" the city into rethinking the policy change.
Silverstein says he first learned of the change during a meeting with city officials in July. During that meeting, he says, he brought up the example of New York City's much-criticized — and litigated — policy of arresting and holding protesters during the 2004 Republican convention. More than 1,800 were arrested, and many were held longer than 24 hours, though charges were largely dropped later.
According to notes that Silverstein kept of the meeting, Denver Deputy Police Chief Michael Battista said that for arrests made during protests, Denver "doesn't cite and release."
Battista said the change followed the mass citations in 2004 during the city's Columbus Day parade, in which 230 people were given a summons after they linked arms and stopped the parade. Protesters claimed the event celebrated the genocide of American Indians.
The 230 were cleared, and Battista said a review of the matter found that had they been taken in for a formal booking and bonding out, the city's case against them in court would have been stronger.
Silverstein disputes the legal argument of the claim and says the new measure violates constitutional rights to peaceful civil disobedience.
Through a spokesman, Battista said Wednesday: "We'll take the appropriate steps depending on the situation and take the appropriate measures depending on the situation as we see fit."
City Attorney David Fine said the city can't dictate to police how officers handle arrests, which by their nature are unpredictable.
"Let's say someone (protested) with the intention of blocking traffic," Fine said. "If they were cited and released, they would be right back blocking traffic. It's not a minor manner."
Fine said police were developing plans to process any arrests "as quickly and efficiently as possible."
The new policy created a New York-style situation on a smaller scale during last year's Columbus Day parade, Silverstein said.
Instead of issuing a summons to the 83 charged with blocking the parade route, the protesters were taken to jail. At least 40 of them were held several hours before they were allowed to post bond, and then they were held several more hours before being released. The claim was made on their behalf.
Paul Bame said he was arrested about 10:30 a.m. on the day of the Columbus Day parade, kept in a cell and not allowed to post bond until midnight. He wasn't released until 3:30 a.m. the next day.
"Some of the marshals in the jail were harassing us, saying, 'Well, you feel pretty smart about what you did now, huh?' That kind of thing," Bame said. "They were communicating to us: 'You've been punished.' "
Bame, who faces three minor charges, worries there will be a chilling effect on his ability to protest during the Democratic convention since some of his peers have received year-long suspended sentences for their Columbus Day activities.
"You can pretty much count on going to jail if there is another instance," Bame said.
I looked at the Recreate 68 website. It is as disgusting and Communist as it can get. The Dems deserve no less.
What’s the problem? Atticus Finch was a liberal, and he shot a rabid dog.
Good for the ACLU for once.
Remember all you “law and order” types on this board, that the “law” is that we have free speech in this country and the right to assemble. It is DIS-ordered if we allow police to selectively enforce the procedural aspects of the law just because a person is protesting at the time of an offense.
(Of course I would have no problem if Denver arrested all persons suspected of misdemeanor offenses regardless of whether they are protesting or not, then in that case, the ACLU would just be b*tching for the sake of b*tching)
As always, in law, precedent is a bad thing to set.
Poor babies....I thought the whole goal was to get arrested????
Looking at whats going to happen...FOR SURE....what city is going to want to host the next Dem convention?
Yep, and it is being caused by the Demoncrap's far-left components and their enablers in the ACLU.
Hmmm?! I always thought of Atticus Finch as a conservative icon?
“Hmmm?! I always thought of Atticus Finch as a conservative icon?”
Atticus Finch was a decent man. In those days he could have been either a Republican or a Democrat.
“Liberal” in the classic sense. It’s a little dicey for me because of the politics of Gregory Peck (I did read the book too).
“We think there is a strong possibility that Denver is headed for a very disastrous and catastrophic situation,”...
Yep, and it is being caused by the Demoncrap’s far-left components and their enablers in the ACLU.”
The Rats deserve no less. Look at the “Recreate 68” website and have your extra large Barf Bag handy.
These guys aren’t for free speech, it is to violently disrupt the convention and shut off opposing views. Kinda like Cuba is currently.
Denver is going to need a Tent City to detain all of the rioters. It will be like a concentration camp full of anarchists.
Burn Denver Burn!...And use ACLU lawyers as fire logs! >Bo)
It might make Chicago look like a tea party. I hope.
I thought I read somewhere that Denver, the Mayor and City Council had already surrendered to the lefties.
Where I come from it’s pretty simple.
You break the law, you get arrested.
Yessir.... a pack of commies if there ever was one.
uhmmm...Henhk hem... >BO)
Pardon me while I point out that all the stinky
drunkie/Junkie pot smoking DNA trash protestors and rioters in 1968, were all Democrats, socialists, anarchists, and other forms of devolutionary Lefties.
All those involved in ‘Recreate ‘68’, and all the rest who plan on protesting and being “activists” at the Denver Convention this year, are all Democrats, socialists, anarchists, and other forms of devolutionary Lefties.
All those involved in plotting, and all the rest who plan on protesting and being “activists” at the GOP Convention this year, are all Democrats, socialists, anarchists, and other forms of devolutionary Lefties.
NOT ONE group of republicans are planning on protesting or “rioting” in De4nver, or at the GOP Convention
What happens, or doesn’t happen WILL BE ALL ON “the Left” being televised, for all the world to see, what the Left, and who the Left, really are....With Republicans for the most part, watching it all from their couches, eating popcorn, as the Circus Maximus plays out.
Do I want all the world to see the Left for what iit is? Sure do!
Anyone even faintly familiar with the Constitution knows this statement is blatantly false. Try again sucker.
I couldn’t agree more. They don’t deserve to live in America. I’d chip in for tickets to Cuba-if they couldn’t come back.
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