As you probably know, the inauguration is about to happen — and so are hundreds of protests and marches, not only around the country, but around the world. You’ve probably heard about the Women’s March happening in Washington D.C., but of course we can’t all travel to that history-making demonstration. Maybe there are some happening in your immediate area! Portland will be hosting several protests this weekend downtown. Groups of UP students will be attending Friday’s 4 PM gathering in Pioneer Square as well as the Women’s March on Saturday from noon to 4 PM (which is predicted to have over 20,000 people)! It’s important to note that not all the protests may have their permits, it may be beneficial to check when picking which protest to attend. The two mentioned above do — however that doesn’t mean rules aren’t attached.
(If you are interested in joining the groups attending, meet by the Pilot House at 3 PM on Friday, or 11 AM on Saturday)
(image by Stephen Grossman – Portland, November 2016)
If you are attending an event like the ones taking place this weekend, or any protests in the future, there are several things you should keep in mind! You may have heard about the Portland protests following the election, and how they suddenly grew violent a few nights in when self-proclaimed anarchists got involved. Along with that disruption came the riot police. After a few nights of nonviolent protests, suddenly it all headed in a much different direction. So here are a few tips that can help ensure your personal safety during marches — especially those with a strong police presence. These tips aren’t meant to worry or scare you, but to remind you to be aware that protests can be tense situations.
Disclaimer: These are tips from a lawyer that circulated during the beginnings of the Black Lives Matter movement for protesters then, with my commentary beneath each point. Photos are from various historical protests/demonstrations.
(Berkeley Sit-in, 1964 — nearly 800 students arrested)
1. Do not engage in illegal activity, even if it is harmless or unrelated to the event. Don’t smoke pot, don’t obstruct traffic, don’t kick a sign post, do not give the police a reason to arrest you. Comply with all lawful orders made by police. If you do any of this, be prepared to be arrested. Civil disobedience, while admirable, sometimes requires sacrifice; you will be charged even if your cause is righteous.
I want to note that this is not about just being complacent with the police presence. And I’m not condemning civil disobedience of course. I understand that it is a core part of many protests. Protests are subversive, and there are many ways of going about that. Even Martin Luther King Jr. refused to condemn rioting as he called it, “…the language of the unheard” while also calling for nonviolent activism. Complying with the law (or not doing so) does not necessarily take away from the message of the demonstration. Complying with the rules the police/permits have laid out while at a protest and civil disobedience are legitimate forms of protest. It’s up to you what you want to do — both can get attention and deliver the same messages. The purpose remains the same. But if you break the rules, it is more likely than not that there will be a response. The police will respond if you violate the rules, the mayor of Portland has made that clear. If you are willing to make that sacrifice, that is an individual choice, but be aware of consequences. Perhaps look into how bail works and further legal information — seriously. And, if you’re doing nothing wrong at the marches the police should leave you alone — or you’ll have a defense if they don’t. I’ll discuss more about what to do if your rights are violated later.
There’s been talk that any protesters violating rules/laws will be arrested. Since some of this weekend’s protests have permits, make sure to follow the rules of those permits. For example, walk where the crowd is permitted to walk — rather than blocking off other streets that are not being closed for the protest. If the protests do not have permits, protesters should remain on the sidewalks and follow the usual traffic laws. That is, (again) only if you are actively trying to avoid being arrested.
The American Civil Liberities Union (ACLU) states that, “Generally, all types of expression are constitutionally protected in traditional ‘public forums’ such as streets, sidewalks, and parks. In addition, you may have a right to speak in other public locations that the government has opened up for unrestricted public speech, such as plazas in front of government buildings.”
2. It will be cold. Dress in layers. Wear comfortable clothing that you won’t mind wearing for a very long time. Wear shoes that don’t have laces, if possible. Wear clothing that does not require a belt. If you are arrested, your laces and belts will likely be confiscated.
Definitely be conscious about what you choose to wear. It’s Winter, there was just a snow storm, and there will likely be rain during the events. Chances are you will be walking or standing for an extended period of time (definitely over an hour, most likely over four… you get the point). Layer up. Wear shoes you can walk, and possibly run in — just in case. You never know how these demonstrations could go.
(Kent State protest, 1970)
3. Google the phone number for the National Lawyers Guild and write it in Sharpie on one or both of your forearms. If you are arrested, you will want to call them.
Here is the number for Portland’s Chapter: 503-902-5340. Write it on your arms and tell others who will be at the protests!
(UC Berkley, 1960s)
4. Disable the fingerprint ID on your phone and enable the passcode function. Police can force you to place your fingerprint on your phone but they cannot force you to enter in the passcode. Refuse all requests/demands to open your open unless you are presented with a warrant.
There really is no need for them to be looking at your cell phone — and you do not have to comply if they have no legal right to look (a warrant). Not complying doesn’t equal guilt or something to hide. You are only exercising your rights. This Medium article also suggests using encrypted texting apps such as Signal.
Also note that you can’t just be searched and you don’t have to consent to a search. You could be patted down if they have a reasonable suspicion that you are carrying a weapon, or searched if you are arrested however.
(University of Missouri hunger strike)
5. Bring a valid government issued photo ID that has your name, address, and date of birth on it. This will make things go more smoothly for you.
(Freedom Riders, 1961)
6. You are not required to answer any questions from police unless you are being detained. If an officer ask you a question, ask him/her if you are being detained. If you are being detained you have the right to know why you’re being detained. If he/she says no, walk away.
Read up on your rights. Don’t worry about walking away seeming disobedient, rude, refusing to comply, etc. If they tell you that you aren’t in trouble/being detained, it’s okay to leave. It’s honestly just the safer option. There’s no reason to continue speaking to the police if you are not being detained — keep moving. There’s probably no point in giving the cops a hard time.
(I AM a Man)
7. Police are not required to read you your Miranda Rights when you are arrested. This is a persistent myth. Police must inform you of your Miranda Rights if they are interrogating you. Interrogation does not include asking you your name, address, date of birth, etc. You must answer these questions. Anything after answering basic identification questions, you have the right to have an attorney present.
MirandaWarning.org states that, “…police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.” Also, in some states, minors maintain the right to stay silent until a parent or guardian arrives.
Again, just be aware of your rights. If you are arrested, ask why. You do not have to give them information beyond the identification questions. If you are being detained, ask for a lawyer and remain silent. This does not mean you’re guilty or being difficult, it’s for your safety. Having a lawyer present is never a bad thing.
(Cops pepper spray student protesters during Occupy Wall Street at UC Berkeley)
8. Police will not just give you an attorney. You have to ask for one. In some states, asking the first time requires the police to stop interrogation. In other states, you may have to ask more than once. They may try to goad you into answering questions after you ask for an attorney. Once you request an attorney, do not answer more questions no matter what. Do not answer any questions past basic ID questions until you have an attorney present.
If you feel that your rights have been violated, the ACLU recommends that you write it all down as quickly as possible. Be sure to include the names, badge numbers, and patrol car numbers of any officers involved. Also get contact information for possible witnesses. If there are injuries or damages, take pictures. Document what occurred. Then you can file a complaint.
If you want to read up on more details about your rights while protesting, check the ACLU’s webpage here. More about rights here.
(An iconic display of civil disobedience)
While attending demonstrations, it is important to support other protesters and those partnering with and supporting it (such as street medics!). Have each other’s backs. Make sure to go in a group and assign each person to look after one other so someone always has an eye on you. It’s important to stick together. Try to come up with a plan for what you want to do while you are there, and how you plan to leave and get home. As I’ve said before, protests can be unpredictable and it is important to have an idea of how you will want to handle that if things go south.
(Martin Luther King Jr. and Malcolm X)
Also look out for and stand up for those around you. As Olivia Louise wrote in her Medium article, “Anyone helping you to resist fascism is on your side… We have a singular interest and a diversity of tactics.” Reduce the divisions between you and other protesters — it is far from beneficial to turn your back on them. We are all there to fight the same injustices at the end of the day. Your focus should be less on which protesters are “doing it right” and which are “doing it wrong” in your eyes, and more on what you, and what everyone else is doing there at all. Why are you there? Probably to fight injustice. What are they doing there? Probably the same thing. Don’t waste your energy criticizing and throwing your own people under the bus — they are not the “enemy.” Take care of one another when you march.
(Gaullaudet University protest, 1988)
To end, I’d like to quote Louise again:
“If there was ever a “protest agreement” we should make, it’s that we are completely obligated to one another.
I believe that’s what solidarity is at the core — our working class obligation to each other. We must agree to see each other as more than just anonymous but actually as the colorful face of a more radical possibility.
If we can make this agreement, then our direct action on J20 can become more than a temporary social intervention and can instead build an actual, historical disruption. To show the power of our collective imagination in order to raise the standards of what is objectively possible.”