Protestors now under attack, on a serious level: Parade ordinance power grab

Bruecke Note: Would we expect anything less of Rahm Emanuel than to make permanent “temporary” rule tightening for protesters? Incrementally, our Constitution gets shredded, our rights trampled.

Parade ordinance power grab
http://www.chicagotribune.com/news/local/ct-met-emanuel-protest-permits-20120102,0,6937770.story

By: Kristen Mack
Date: 2012-01-02

City Hall proposal for new rules and harsher penalties for violations, allegedly occasioned by anticipated NATO and G-8 protests, would restrict all future demonstrations in Chicago

A City Hall rewrite to tighten rules for protesters at this spring’s gathering of international leaders in Chicago would also place permanent and little-publicized restrictions on all future demonstrations.

Mayor Rahm Emanuel proposed the changes to the city’s parade ordinance in his December request to the City Council for expanded powers to deal with the NATO and G-8 summits, set to overlap between May 19-21. The mayor said his request for new spending authority and additional restrictions on public gatherings “is temporary and it’s just for the conference and it’s appropriate.”

But the mayor’s office now acknowledges the protest rules would be permanent. And a closer look at Emanuel’s proposals reveals a series of changes to arcane parade regulations that would be accompanied by a large boost in fines for violations — from the current $50 for some to a minimum $1,000 per violation.

Stiffening rules on typically fluid demonstrations will increase the likelihood of violations, giving police more opportunity to crack down and making it more costly for demonstrators, free speech advocates said.

“It’s clear the more stringent the provisions, the more numerous, the greater the difficulty in complying with those provisions,” said Harvey Grossman, legal director for the American Civil Liberties Union of Illinois. “It’s an unnecessary show of authority and something that will have very little meaning in terms of altering conduct.”

The city has yet to detail how authorities will aim to contain protesters and deal with violators, and it is unclear that increased fines or other rules would deter the types of violent protesters who have disrupted some gatherings of the world’s business and government leaders.

“Our goal is to ensure that participants and visitors enjoy productive and safe summits and that the First Amendment rights of those that wish to protest are protected,” police Superintendent Garry McCarthy said.

The City Council is expected to consider the changes at its Jan. 18 meeting. But before that, demonstration organizers for the most well-known local protest groups plan to submit applications for an assembly point and parade route on Tuesday, the day for groups wanting to be first in line for consideration.

To rally at Daley Plaza, where protesters want to start their demonstration, they must file an application with the private real estate company that manages the coveted gathering spot on behalf of the city. To march in Chicago’s streets, a separate form must be filed with the city’s Department of Transportation.

Joshua Kaunert, an Occupy Chicago protester who plans to demonstrate during the international summits, said Emanuel is attempting to “punish those who seek to voice their grievances, while simultaneously obstructing the permit process for rallies or marches.”

“This legislation is not a temporary solution to the perceived problems that the mayor supposes the upcoming NATO and G-8 summits will present the city of Chicago, but a permanent legislative change that will restrict our freedoms indefinitely,” Kaunert said.

The proposed changes would change the hours for legal demonstrations, add new requirements and boost punishments for all sorts of violations.

The duration of demonstrations would be reduced by 15 minutes to exactly two hours. Public parks and beaches would be closed until 6 a.m., two hours later than now. Loud noise, amplified sound and music at parades and public assemblies would be allowed only between 8 a.m. and 10 p.m.

One new requirement calls for organizers to provide a parade marshal for every 100 participants. The marshals would be responsible for ushering parade participants at the assembly point, along the route and at the disbanding areas.

None of the changes appear to account for the inherent unpredictably of public demonstrations, said Andy Thayer, with the group Coalition Against NATO/G-8 War & Poverty Agenda. It is hard enough to corral a large group of individuals who want to voice their dissent, much less keep them in line and get them to disband in a little more than two hours, organizers said.

“We never know how many people are going to show up. The changes are subtle … but it gives the city a lot more latitude to frankly punish demonstrating organizers,” said Thayer, a longtime activist who said he has repeatedly been cited for violations of city parade rules.

Under Emanuel’s proposed parade ordinance, the maximum fine for violations would double to $2,000. Emanuel also is asking aldermen to double the maximum fine to $1,000 for protesters charged with resisting or obstructing police officers. The minimum fine would be hiked from $25 to $200.

The threat of increased fines is unlikely to deter protesters, Grossman said, especially those who are interested in conducting themselves in a lawful and peaceful fashion.

“It’s a little bit of phony posturing and a lot of bravado,” Grossman said.

The back-to-back summits will be held at the McCormick Place convention center. The events are expected to bring roughly 10,000 visitors to Chicago, according to the host committee.

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