Before making any threats and pledging any campaigns, the local group should:
1. consult the Legal Counsel or a responsible local lawyer,
2. advise the lawyer to examine pertinent state laws and court decisions on the subject,
3. direct that the proposal and the opinion of the lawyer be referred to the LULAC General Counsel.
A favorite device is the Coalition consisting of several organizations, most of which have good goals but no assets.
LULAC Adult and Youth Councils shall not become part of coalitions which are formed to press boycotts or direct action campaigns unless specific prior authorization is obtained from the National Office.
It is obvious from this policy statement that LULAC has not ruled against participation in direct action campaigns and boycotts. Certainly LULAC should be aware of the pitfalls and the dangers of becoming involved in questionable activity.
1) Notify the LULAC State Offices, Regional Vice President and General Counsel before using the name of LULAC to institute a boycott.
2) Carefully persuade consumers to voluntarily decide to boycott.
3) Station watchers, pickets and legal observers at boycott sites.
4. Encourage people to join the common cause through public address and private solicitation.
5. Provide transportation to alternative businesses providing comparable woods and services.
6. Provide literature that thoroughly explains why the boycott is called.
7. Be creative, such as a reverse boycott (i.e. large numbers of protesters shopping at a business can tie it up; especially when every- thing purchased is returned).
1. Engage in unauthorized boycotts using LULAC’s name.
2. Use demeaning and obscene language o refer to any person.
3. Engage in physical force and violence against customers, prospective customers or proprietors.
4. Vilify, intimidate, threaten, ostracize or degrade those who cross the picket line.
5. Agree with anyone to use illegal force against any person or property.
6. Organize a boycott to further private economic interests.
7. Authorize, ratify or even discuss illegal conduct at meetings or anywhere else.
8. Make speeches likely to invite lawless action.
MARCHES & DEMONSTRATIONS
SELF POLICING AND MARSHALS
SELECTION: the Marshal must be a person dedicated to the cause and be ready and able to respond to orders and/or commands from his leader and, at the same time, must be able to respond to the people for whom he is responsible. He must be able to give or take direction immediately.
DUTIES: Marshals assist in the arrangements, agreements, and direction of all aspects having to do with the planned activity. Specifically, as a marshal you:
1. Assemble the group.
SMALL GROUP MARSHALS:
Small Group Marshals are assigned to small groups and are to remain with their respective groups until all activity has ended and all participants have departed the area. During the march, Small Group Marshals walk opposite the group to which they are assigned.
Overall Marshals move up and down the line of the march, thus providing a protection for the march in that the overall marshals are alert to:
1. Observe activities by persons designed
to interrupt the march.
1. Obtain suggested permits.
1. Be relaxed.
THE CHIEF’S COUNSEL
Legal Implications In Handling Demonstrations
By Maurice A. Cawn
Some twenty years ago, law enforcement encountered mass civil rights demonstrations which required police administrators to seriously reconsider some procedural techniques of their field operations bureau. Many of these problems were due to inadequate understanding of the exercise of freedom of speech and assembly.
Demonstrators are on the march again, but today’s proponents are more politically radical than were the protesters of the 1960s. While twenty years ago, the public may have experienced discomfort at the status quo being shaken, the same observers today express more concern about today’s “political” demonstrations with their potential for violence.
In light of the increasing responsibility placed upon the police officer, it is no wonder that today’s officer is frustrated by the law’s demand that he protect the unpopular speaker who generally represents a minority and often radical view which may be repugnant to the basic values of the community.
Few areas of the law are as nebulous as that of the First Amendments freedom of speech and assembly, as the “rules” must generally be adjucated on a case-bycase basis. Any other approach borders on censorship an anthem to a free society.
How then can you, as police administrators, prepare your men to recognize “fighting words” (Chaplinsky v. New Hampshire 315 US 568) which create a “clear and present danger” (Feiner v. New York 340 US 315), which is expression which can and must be dealt with as violations of the law? In addition, the field officer is confronted with procedure problems such as how to conduct group arrests. This problem must be answered in practical terms.
A primary implication, then, is the need to educate our officers in the law of the First Amendment, even when such law is not clearly outlined in a statute form with which our personnel are familiar. This education must encompass not only the character of the freedoms invoked but also the restrictions on their exercise. It is a serious disservice to simply say that our hands are tied. Defining the problem in operational language is a difficult but necessary task.
Your personnel and the community must be educated to the fact that generally a speaker-demonstrator cannot be held legally responsible for the hostile reaction of a crowd unless his conduct was intended and plainly likely to provoke violent retaliation. Unfortunately, this intent can often only be proved after some violence actually occurs. It is a common but unpopular fact that very often the police officer is in a reactive position. This is especially so in an area such as this where the subject under study is speech, not conduct.
This education of our officers is essential for at least three reasons:
1. To insure the legitimate exercise of the First Amendment
Other implications of mass demonstrations with which you should be concerned include:
Know the existence and scope of any pertinent state and local laws. Does your jurisdiction have a disorderly conduct statute which would pass Constitutional muster? Or would it fail for vagueness and over breadth? Do you have a parade ordinance which can effectively control time, place, and manner of demonstration? Courts generally uphold these neutral restrictions which have a reasonable relation to the pubic safety function, which are applied in an impartial manner, and which do not attempt to regulate the content of the expression.
While a well-written ordinance will not solve all the potential problems to be faced, any permit application would at least provide useful information regarding the personnel responsible for monitoring and escorting the parade. The ordinance, as reflected in the permit application, puts the potential demonstrator on notice of any pertinent regulations or prohibitions.
If charges are ultimately brought, it is an advantage to show that the violator had notice of the state of the law. If the demonstration is spontaneous rather the via a parade, what city ordinances and state law can be utilized to justify police “interference”?
Even if the demonstrators flaunt the law, the existence of such statues authorizes legitimate law enforcement action and should insulate the officer against claims of harassment.
Avoid being polarized into an “us” vs. “them” status. The police agency must establish a liaison with those segments of the community with which it will work closely in the event of civil demonstration.
Continuing liaison with the office of the district attorney is a must. An understanding of the group’s philosophy and concerns can prevent those gaps in communication which the radicals could capitalize on in strained times.
Your prosecutors can assist in outlining the legal parameters of First Amendment activity and clarify those issues which often defy definition. Thus your personnel are better prepared in the event that your jurisdiction becomes the public forum. Proper preparation reduces the likelihood of court dismissals which could encourage suit for malicious prosecution.
While there often exists some degree of mutual hostility between the police and the news media, it is imperative that responsible lines of communication exist. You may be assured that there will be media coverage of a large-scale demonstration. The First Amendment may be a shield for radical demonstrators, but is the “raison d’Ítre” for the media.
I strongly suggest that you establish department procedures for furnishing accurate information to the media during troubled times. If you withhold details, the social dissidents will manufacture them for the press. Caution, naturally, is required in releasing statements which tend to besmirch the name of a political demonstrator. “Waiting” or releasing statements lacking a proper basis in fact is not only unprofessional but could create liability for slander suits or at least arguments of prejudicial publicity.
Apprise the officer of his liability coverage. One significant difference about today’s demonstrator is that he is better versed in Constitutional law than his predecessor. In many instances, the modern radical group has at least one attorney minutes away from its public activity. The members of the group, well-versed in the case law and statutes of the jurisdiction, exude a confidence which manifests itself in the ever-present challenge to the officer.
Are your officers aware of those enforcement activities which present the greatest potential for lawsuit? Is good faith a defense to suit? Will the administration support him in the event of a suit?
Avoid believing that because you have not been asked these questions that they do not exist in the minds of your men.
Recent decisions of the United States Supreme Court, Monell v. Department of Social Services 436 US 658 (1978) and Owen v. City of Independence 63 L. ED 2d 673 (1980) have broadened the vulnerability of city government to suit for even unintentional violation of one’s Constitutional rights.
Every major city has some measure of liability coverage for its personnel-professional liability insurance or a contingency fund. Protection instills confidence, and it insures a better effort by your personnel in a most difficult task.
In closing, I wish to reiterate three suggestions.
1. Thorough preparation avoids costly mistakes in the future.
PLANNING FOR SAFE MARCHES AND DEMONSTRATIONS
Planning for a safe march or demonstration can be a daunting process and should begin as early as possible.
The Community Relations Service (CRS) has more than 35 years of experience in helping individuals and groups with special events. CRS can facilitate meetings with law enforcement, city officials, and demonstration organizers to assure information is shared and plans are in place for a safe march or demonstration. These meetings may review requirements such as permits, routes, demonstration marshals, equipment, water, toilet facilities, medical assistance, counter demonstrators, and contingency planning.
The following guidelines can help plan your march or demonstration.
Communication with law enforcement and city officials is critical and can determine whether factors such as safety sanitation, and traffic control require a permit to carry out the planned march or demonstration. The need for permits and fees varies depending on the jurisdiction of jurisdictions.
Early planning of the route will help with decisions such as: involvement of all law enforcement jurisdictions; parking for participants; shuttle bus service; final staging areas; location of first-aid stations, restroom facilities, and water; consideration of distance and terrain; and map distribution for those assisting in conducting the march. A map should clearly mark the parking, route, emergency facilities, toilets, and water.
The use of demonstration marshals is similar to creating your own “volunteer self-police force” for your event. Selection of marshals should take place at least a month prior to your event so adequate training and instruction can be given.
Demonstration marshals assist in the safe conduct of the participants in the planned activity. At times they may also prevent counter demonstrators or people who may seek to disrupt your event from being able to mix with legitimate participants.
Demonstration marshals will be knowledgeable of timing; routes; location of first aid stations, water, and toilets; and are trained to know what to do if trouble occurs. Demonstration marshals should be easily identified by special identification.
For more information on demonstration marshals, please contact the nearest CRS Regional Office for a copy of our brochure, “So You’re a Demonstration Marshal.”
When planning your demonstration or march, consider the staging area and ending point of the event. If you schedule speakers or plan ceremony, you may need a stage or loud speaker system. Each Jurisdiction has its own regulations on public use of loudspeaker systems. Issue special identification to be carried or worn by those who have access to the stage. Make sure that security personnel have access to the stage.
A major consideration when planning your demonstration is how the weather will affect the participants. For example, warm weather and/or a long march would require plenty of water to avoid dehydration of the participants. In cold weather, shorten the time of the demonstration to avoid dangerous exposure to the elements.
Based on CRS’ experience in public disorders, spontaneous civil disobedience may escalate tensions between local law enforcement and the participants.
If law enforcement is not prepared, lack of personnel may lead to over reactions or loss of control by law enforcement and demonstration organizers. The result could be serious physical injury and create tension between police and citizens.
Mass arrest situations should be avoided because of he high likelihood of physical injury. It is best to identify those who will engage in civil disobedience in advance, and notify police how many of these may participate.
If this is a planned arrest situation, those who participate should have identification and bail money to facilitate law enforcement processing. Encourage nonviolent behavior by the participants during mass arrest situations.
The goal of contingency planning is to be prepared for an emergency. Consider the possibility of an emergency and what you will do if one occurs.
A contingency plan must have each step planned in advance to ensure that arrangements are in place for an effective response.
HOW TO CONTACT CRS
CRS is available to help you develop sound plans and facilitate meetings with law enforcement on the planning and carrying our of the event. Contact the Regional Office in your area as early as possible to ensure your demonstration or march is a success.
New England Regional
Northwest Regional Office
INSTRUCTIONS FOR VOLUNTEER SELF-MARSHALS
Self Marshals are asked to adhere to these instructions to maximize safety and security for participants in this event.
Marshals should be on time and stay at assigned position(s).