Lawyers and Protests In the News:



Rage Against the Machine and Thousands of Protesters Rock the DNC, Aug. 27, 2008
Tense Veterans March Ends Peacefully, Aug. 27, 2008
Youtube video of Police Mass Arrest, including Legal Observer, Aug. 27, 2008 (by DNCHal)
Youtube video of Police Unlawful Mass Arrest, Aug. 27, 2008
Police Trap Peaceful Protesters In Denver [video], Aug. 27, 2008
Lawsuit Possible In Wake of Mass Arrest, Aug. 27, 2008
Lawyers Argue Monday Arrests Illegal, Aug. 27, 2008
Denver Police on High Alert, Aug. 27, 2008
Lawyers Volunteers to Represent DNC Protesters, July 18, 2008

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ARTICLE: NLG PLP IN THE NEWS

Cops' treatment of protesters will get legal eagle eyes
By Felisa Cardona
The Denver Post
Article Last Updated: 07/18/2008 01:15:34 AM MDT


A group of Denver lawyers has joined together to provide protesters at the Democratic National Convention with both pre-confrontation training and post-arrest legal services if necessary.

For several months, Denver attorney Brian Vicente has dressed up like a police officer and conducted mock protests with advocacy groups that plan to demonstrate at the convention in the last week of August.

Legal observers wearing neon green hats have videotaped the mock protests and written down what went right and what went wrong.

The Colorado Chapter of the National Lawyer's Guild formed the DNC-People's Law Project shortly after the city announced the convention would be held in Denver.

"We want to have peaceful protests where messages of social justice can flourish," said Vicente, the project's executive director. "Everybody we've talked to is very passionate, and they feel that their issues are not being addressed by the two-party system."

Today the project is holding a public seminar on dissent and First Amendment rights hosted by Denver civil-rights lawyer David Lane. Former 10th Judicial District prosecutor Sean Dingle also will participate in the discussion.

The attorneys decided that training demonstrators and lawyers on First Amendment issues was key to advancing free speech and avoiding unnecessary arrests during the convention. Vicente says the law project needs more lawyers to volunteer before and during the convention to train as legal observers or to take cases that may arise from arrests.

He said the group will train lawyers on First Amendment law because some attorneys who volunteer might practice only in an unrelated field, such as tax law.

Lawyers and others interested in volunteering for the People's Law Project may contact the organization at www.dnc-plp.org

The group will run a 24-hour legal office and a hotline in Capitol Hill during the convention, providing legal assistance to demonstrators and the public who run into constitutional violations.

In 2004, police arrested 1,800 people at the Republican National Convention in New York and many were held for more than 50 hours in jail, according to the People's Law Project.

At the Democratic National Convention in Boston that same year, free-speech advocates were outraged by the caged distance between them and the delegates.

Vicente said that in Denver, past arrests of Columbus Day protesters were not handled well by police.

"People were arrested and detained for an unreasonable amount of time," Vicente said. "It's crucial that people educate themselves."

Legal observers — attorneys and activists — trained by the project plan to videotape demonstrations during the convention to defend clients if a case goes to court.

Some of the training is focused on explaining where protesters' rights begin and end. They don't have to allow a police officer to search them or their belongings on the street, for example. But if an officer asks them to take a step back, they should comply and use common sense.

The People's Law Project has met with Denver police and city officials so that authorities know that the legal observers will be monitoring the protests.

Recent DU law school graduate Micky Devitt, 27, said she trained with the program and plans to work as a legal observer during the convention.

She said the mock demonstrations conducted by the People's Law Project included not only protests but also scenarios such as getting pulled over in a vehicle.

"I don't think all people know what they have a right to say 'no' or say 'yes' to," she said. "They walked us through what your rights are in situations and how to handle it without escalating it."

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ARTICLE: THE POLICE AND PROTESTS -- TRAIN NOW, SAVE LATER

It is yet to be seen whether the Denver Police and the City will learn one lesson of the FTAA / Miami, the WTO / Seattle, and the RNC / New York: when police violate demonstrators' rights, protesters sue and win.

http://www.startribune.com/opinion/commentary/26306529.html?location_refer=Most%20Viewed:Commentary

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TENT STATE UNIVERSITY UPDATE

From the Rocky on June 24, 2008: "DNC War Protesters Might Get Booted from Park at Night"

http://www.rockymountainnews.com/news/2008/jun/24/20000-anti-war-protesters-plan-dnc-camp-out-city-p/?printer=1/

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ACLU SETTLES LAWSUIT FOR JAIL POLICY AND PROCEDURES MANUAL

The ACLU of Colorado announced June 18, 2008 that it has settled a lawsuit against Denver that sought the policy and procedure manual that governs the processing and treatment of detainees at Denver's downtown city jail, known as the Pre-Arraignment Detention Facility, or PADF. As part of the settlement, Denver agreed to disclose all portions of the manual designated by the ACLU, and to pay $5,000 of the ACLU of Colorado's attorney fees and costs. The PADF is Denver's intake center, where arrestees are first taken to be booked, fingerprinted, given the opportunity to post bond, and housed until they are released or eventually transferred to Denver's larger county jail.

According to the lawsuit, despite repeated requests from the ACLU, Denver refused to disclose sections of the manual claiming that disclosure would be "contrary to the public interest." After a final request for voluntary disclosure was again refused by Denver, the ACLU filed suit on May 19, 2008, seeking disclosure of the manual under the Colorado open records laws. Just prior to the first court hearing in the case that was scheduled for June 19, 2008, Denver agreed to turn over all manual sections designated by the ACLU on or before June 25, 2008, subject to redaction. Under the terms of the settlement agreement, the ACLU can challenge in court any redactions it believes are unjustified.

A copy of the original Complaint can be found here:
http://www.aclu-co.org/docket/200809/200809_description.htm

The lead counsel in the case, John Culver, stated that "Disclosure of the manual is firmly within the public interest, and the City's policies at the jail should be transparent and open to any member of the public who wants to view them."

Disclosure of the manual was necessary in part, the ACLU argued, because of the possibility of mass arrests in connection with the upcoming Democratic National Convention in Denver. Last Summer, the ACLU asked Denver police to handle minor violations with a summons or a notice to appear in court, a practice known as "cite and release." Denver Police Department Deputy Chief Battista reportedly responded that under Denver's current policy, police must make full custodial arrests -- requiring detention in the PADF -- for even minor violations connected with protests. The ACLU argued in the lawsuit that the public had a right to know whether Denver's policies and procedures at the PADF were adequate to handle the mass influx of arrestees that could results as a consequence of such a policy during the DNC, especially after the events surrounding the Columbus Day protests in October 2007 when just 82 arrests overwhelmed the PADF and resulted in delays of up to 12 hours before arrestees who already posted bond were released. At the 2004 RNC in NYC, police made over 1800 arrests causing serious problems with access to medical care, food, attorneys, and sanitary facilities.

Another open records lawsuit on how Denver is spending public money on less-lethal weaponry is set for hearing on June 24, 2008 at 8:30 am in Denver District Court. For more information, check out
http://www.aclu-co.org/dnc/dnc.htm.

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PARKING LOT FOR PROTESTS

At least it's the VIP parking lot . . . Unlike the process for organizing DNC security, the fences will be transparent. According to the June 10, 2008 Rocky,

A football field-size area now used for Pepsi Center VIP parking will be turned over to protesters at this summer's Democratic National Convention, an attorney for protest groups said Monday.

The 50,000-square-foot section of Lot A will be surrounded by a "transparent and sound-transparent fence" and converted into a public demonstration area, said Steven Zansberg, a lawyer for the American Civil Liberties Union.

Proximity to the Pepsi Center has been a hot issue for protest groups leery about a possible repeat of what happened at the 2004 Democratic convention in Boston, where cagelike areas made of concrete barricades, netting and razor wire were established for protesters.

Denver officials have said since last summer that protesters will get closer to the Pepsi Center since it is not next to a freeway and railroad tracks as was the Boston site four years ago.
The protest area will be just southwest of the Pepsi Center's main entrance, Zansberg said.
Attorneys for the city did not disclose the precise location within Lot A, which is about 350,000 square feet, Zansberg said.

The city has said it will release that information by June 23 and any restrictions to be placed on protesters, such as the number of people allowed in the area at one time, the size of signs or banners or the hours when a public address system may be used.

But the city and the U.S. Secret Service want to keep two bits of information secret for security reasons: the height of the fence and how close the demonstration area will be to delegates entering and exiting the convention.

Lawyers for the protesters oppose that idea, and U.S. District Judge Marcia Krieger on Monday set a June 30 hearing, if needed, to consider whether those details may remain secret.
The ACLU and protest groups including the American Friends Service Committee, CODEPINK and Troops Out Now Coalition filed a federal lawsuit against the city and the Secret Service last month.



http://www.rockymountainnews.com/news/2008/jun/10/convention-protesters-get-a-lot---a-parking-lot/


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WHAT'S GOING ON IN ST. PAUL?

1. Poor People's Economic Rights Campaign may defy parade route

http://www.startribune.com/politics/national/conventions/21618474.html?location_refer=$urlTrackSectionName

2.
Coalition to to March on the RNC and Stop the War seeks to encircle Xcel Center

http://www.startribune.com/local/20947814.html?location_refer=$urlTrackSectionName

3.
RNC Protest 101: Sizing up the Twin Cities' Demonstration Rules

http://www.minnesotaindependent.com/view/rnc-protest-101

For information on mass defense resources at the RNC in Minnesota, check out the NLG chapter website!
http://www.nlgminnesota.org/


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DNC LAWSUIT UPDATE:

http://cbs4denver.com/local/convention.protests.lawsuit.2.744299.html

At hearing on June 9, 2008, the City and County of Denver announced in court that they will provide information on the general location of the "Demonstration Zone" at the DNC, but the rest of the information (fencing, razor wire, random searches, etc.) will only be provided under protective order on June 23rd. Previously, the City argued that any release of this information would jeopardize national security. Oh, well, we guess a lot changes in a few weeks.


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DENVER PREPARING FOR 3,000 ARRESTS

"Police Key In on Jail Space,"
Denver Post, May 2, 2008

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CITY OF DENVER INTENT ON ARRESTING PEACEFUL PROTESTERS FOR MINOR VIOLATIONS

"Mass arrests at Democratic Convention?"
Denver Post, May 1, 2008

Denver city officials have declared that there will be no "Cite and Release" of protesters who are charged with any law violations, including non-violent offenses under the Denver Revised Municipal Code. What sense does it make to arrest every individual who violates a municipal ordinance?

This policy will not likely deter individuals who want to engage in non-violent civil disobedience and other forms of peaceful protest. But it will guarantee an enormouse waste of judicial and law enforcement resources (also known as taxpayer money). A more reasonable policy would be to issue citations requiring individuals to appear at a later date in court. Failure to appear on a Summons results in an arrest warrant and a hold on driving privileges (no matter what state you live in).

The Colorado ACLU has filed a lawsuit concerning this issue.


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CONVENTION PREPARATIONS PROMPT SUIT BY ACLU AGAINST SECRET SERVICE AND DENVER

An article about the ACLU suit brought on behalf of a coalition of protesters' organizations:

http://www.nytimes.com/2008/05/03/us/03denver.html

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NYPD SPY TACTICS EXPOSED

In February 2007, a federal judge ordered the New York Police Department to stop videotaping innocent protesters at political demonstrations.

The judge ruled the police have repeatedly violated what is known as the Handschu guidelines that dictate how the police carries out political investigations.
Today we broadcast never-before-aired police spy video that show how the police conducted widespread surveillance during the Republican National
Convention in 2004.

This story can be read at:


http://www.democracynow.org/2007/2/19/nypd_spy_tactics_exposed_democracy_now