ACLU, Fearing Police Crackdown on Protests at DNC, Sends Letter To Philly Mayor - Must Read

The ACLU of Pennsylvania recently sent a letter to Mayor Kenney today, June 15, 2016, regarding its concerns involving ongoing discussions, formal and informal, between City officials and about the marches, rallies and other events scheduled to occur during the Democratic Convention. The ACLU of Pennsylvania has been meeting with City of Philadelphia officials, both formally and informally. Here is the opening two paragraphs of that letter:

ACLUPA LETTER.jpg

I spoke with Mary Catherine Roper, Esq., Deputy Legal Director for the ACLU - PA, about the letter and the reasons why the ACLU of Pennsylvania felt it was necessary to send it to Mayor Kenny with a list of their complaints and concerns regarding the planned protests, marches, rallies and other events that will take place concurrently with the Democratic National Convention. As she explained to me, the overarching concern that the ACLU of PA has with the City is the conflicting messages it has received from Philadelphia officials about how the thousands of people coming to peacefully protest the Democratic National Convention will be treated by city government and the police.

In brief, here are the ACLU of Pennsylvania's principal issues with Mayor Kenny and city government:

The Risk of a Police Crackdown on Peaceful Protesters.

In the past, according to Ms. Roper, Philadelphia police have not made it a habit to crackdown on peaceful demonstrators at rallies or marches, even when the group or individuals involved did not have a permit. The ACLU was told in meetings with City officials that the police would not deviate from this longstanding practice, and would not "interfere with the right to protest anymore than necessary to protect public safety and local business."

However, when the ACLU asked for written confirmation from the City Law Department that police would not ...

"... declare any march or protest "unlawful" and order protesters to disperse solely because of a lack of a permit, and that Philadelphia police would only halt, try to redirect, or order dispersal of groups that create an unmanageable obstruction of traffic, obstruct access to buildings, or otherwise engage in illegal conduct. The City Law Department was unwilling to commit to this position, and instead stated that the City's position is that "permits are required for demonstrations, protests and rallies (this ensures that appropriate resources can be made available so that those exercising their first amendment rights can do so safely)."

In other words, forget past practice regarding treatment of un-permitted protests. City officials said one thing to to ACLU representative verbally, but when the City was asked to put those assurances in writing, the ACLU were told go take a 'long walk off a short pier.' Earlier promises that the police will not disrupt or arrest peaceful protesters, despite their longstanding practice of leaving such people alone, whether they had a permit or not, were retracted and rejected by the City's lawyers.

And, as Deputy Legal Director Roper emphasized, this is compounded by the City's refusal to clarify their position on issuing ore permits. In particular, the ACLU was concerned about the outright refusal to issue permits for marches down Broad Street, the street that has been used historically for protest marches.

[T]he Law Department recently told us that "the City does not intend to issue any permits for marches down Broad Street" during the DNC. This is in stark contrast to our earlier conversations about Broad St., in which City officials led us to expect temporary lane closures and barriers on Broad St. south of City Hall, but not that Broad St-which has traditionally been one of the most used march routes for Philadelphia demonstrations-would be completely off-limits to protesters. Please clarify whether the City will be issuing any permits for marches and demonstrations on Broad Street and, if so, under what conditions and constraints.

The same issue applies to marches planned in Center City where the City Law Department stated to the ACLU that:

[T]he City does not intend to issue any permits for marches during rush hour in Center City. Rush hour is considered 7 AM -9 AM and 3 PM -6 PM, Monday through Friday." The City's restrictions on protest permits in Center City are particularly concerning when combined with the City's unwillingness to state publicly that it will not seek to punish protesters merely for protesting without a permit. Please clarify whether the City will issue any permits for demonstrations within Center City during rush hour, and if so, under what conditions and constraints.

The ACLU was also informed that going forward all communications about these matters should only go through the City Law Department, and that further direct contact with other officials are now strictly verboten.

Beginning to see a pattern here? It is almost as if someone got to city officials and told them to stop all cooperation with the groups planning marches, rallies, protests and other events. Either that, or we must assume that the earlier statements made by City officials that they would cooperate and allow such marches and protests, with or without permits, were falsehoods they made knowingly. If you have another hypothesis as to why this sudden change of heart by the City occurred, I'd love to hear it.

Then there is the issue of the demonstrators being allowed to remain in FDR Park past the 1 am curfew. Once again, City officials promised one thing:

Removing protesters from FDR Park at night. In meetings, Police Department officials have told us that they will not expend resources to clear FDR Park at night.

But, now, however in my humble opinion, they are saying that all rules, restrictions and regulations regarding FDR park, including a 1 AM curfew "will remain effective during the convention." In effect, I believe the message they intended to deliver to everyone is that violent crackdowns of people who "occupy" FDR park after 1:00 am, because they have nowhere else to go, "are not off the table."

What follows is my translation of this bit of legalese: the City of Philadelphia reserves the right to send police into the park and use whatever force necessary (likely excessive force) to clear it of anyone there, including mass arrests, as we saw at the RNC convention in New York in 2004. Considering the thousands of people coming to Philadelphia, the lack of hotel rooms to accommodate everyone - I know for a fact that many Sanders' delegates are having difficulty finding a place to stay - and that these people will provide a monetary benefit the local economy during their stay, this is deeply disturbing, to say the least.

Other issues raised by the ACLU's letter to the mayor include the following:

- The City's proposed use of Pennsylvania State Police and other non-City law enforcement. If employed as additional security there are significant questions as to whether these other law enforcement agencies would be bound to follow the orders, policies or procedures of the Philadelphia Police Department (PPD), "such as the PPD policy against infiltration of protestor groups, or PPD policies restricting officers' interference with civilians' attempts to record or photograph the police."

- The nature of the "Enclosure" around FDR Park. The ACLU has concerns about the security fencing/wall and whether it will constructed so as to prevent the voices of protesters from being heard or seen by delegates to the DNC convention at the Wells Fargo Center.

- The issue of camping in other city parks and public places. In light of the Law Department's statement that all "rules and regulations" will remain effective as to FDR park, there is also a concern about how people who camp elsewhere will be treated by the police.

Let me close with the final paragraph of the ACLU's letter to Mayor Kenney signed by Deputy Director Mary Catherine Roper, as I feel it expresses the feeling of many of us that dissent should not not be stifled or suppressed by the government in a country that guarantees freedom of speech and peaceable assembly to all in the First Amendment to our federal constitution:

The Convention will be an important opportunity for you and City officials to showcase our beautiful city. We ask for your leadership in ensuring that Philadelphia lives up to its reputation as the birthplace of liberty in America. At a time when our city will be draped in red, white, and blue and on display for the world, we urge you to keep in mind that there is perhaps nothing more patriotic and American than dissent. We hope you will work with us to ensure that as many protesters as possible can have their voices heard in Philadelphia during the DNC.

Thank you ACLU of Pennsylvania for standing up for the rights of all citizens who will be in Philadelphia during the time the Democratic National Convention will be held in the great city.

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elenacarlena's picture

Why not just assume there will be tons of protestors and provide staff accordingly?

Yes, sounds to me too like the fix is in.

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Ravensword's picture

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to break up protests (and throw people in jail and process the resulting lawsuits) than it is to just let people march.

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Ken in MN's picture

...whether they append a D after their name or an R after their name, don't really care how much work it takes to keep the little people in their place. In fact, I'd go so far as to suggest that they get their jollies watching some working stiffs (police) beating the crap out of other working stiffs (the public)...

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I want my two dollars!

Alphalop's picture

locate the section that says "Permits required."?

Fuck them and fuck their permits. They ARE the status quo that we are fighting against, why the hell are we listening to their bullshit rules?

I don't think the people in Ferguson were too worried about permits.

Sorry, I hate to be a pessimist about this but "Permitted" action is never going to be enough to force change. It cannot work without the support of the 5th estate by the 4th estate, which is actively conspiring against us.

I think the only thing that is going to work is large scale barricaded in occupations with people manning the blockades with protests signs attached to "Symbolic" pitchforks...

Will that result in bloodshed? Most likely, yeah....

Show me one revolution that didn't....

I could be wrong, but I think one lesson that we can take from 2016 is they fully intend to make peaceful revolution impossible.

(edited to fix my "Estates" lol)

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

elenacarlena's picture

bloodshed. Most places just require permits for marches. If you want help to close some streets, good idea to approach the city about permits. I don't see why people can't just be everywhere they want to be on the public sidewalks. Fan out, don't give them excuses like blocking the right-of-way. Do some formal stuff in the protest zone, but then do small informal stuff as close to the venue as possible. That's what I'd try to do if going - wear Bernie stuff, pass out flyers, ask people if you can talk with them about issues.

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Raggedy Ann's picture

You put March 15th above.

They will appear in military regalia, I'm sure. The people are not allowed to protest against the oligarchy.

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

Steven D's picture

for being my proof reader. Smile

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

Raggedy Ann's picture

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

elenacarlena's picture

springy weather then! Supposed to be a high of 95 and humid today. I'm melting!

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Choose DNC.

The Whole World is Watching. Now, where have we heard that before?

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CFland's picture

Thanks for writing this, I have tried to organize food trucks to feed the protestors and the parks coordinators will not respond. Shunted around and then not answered.
GOING ANYHOW.

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CFland

featheredsprite's picture

I can send some after the July SS check comes in.

Probably others will want to donate, too. Maybe a go fund me? They accept paypal, don't they?

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Life is strong. I'm weak, but Life is strong.

Steven D's picture

Send him PM. They need donations of food, water, etc.

https://www.facebook.com/profile.php?id=100008699507714

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

It is their MO, and they are well-known for it. Philly has used them to end-run around their "policies". They have a loong history of doing this to protesters, and environmental groups, going as far as sharing info and coordinating with the energy corps. (In addition some anti-fracking pals of mine have some very scary stories about what they are capable of). A few links:
https://phillydeclaration.org/2016/06/09/will-philadelphia-adhere-to-dec...

http://www.pghcitypaper.com/pittsburgh/state-police-documents-show-intel...

http://www.earthisland.org/journal/index.php/elist/eListRead/anti-fracki...

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EyeRound's picture

permit was refused, plans to march down Broad Street.

Chris Hedges

Always a good idea to arrest the poor folks for being poor.

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She says they're going to march anyway. Well, she's been arrested plenty of times, including with Jill Stein, trying to attend the Prez debates.

http://www.counterpunch.org/2016/06/03/philly-says-no-to-poor-peoples-ma...

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featheredsprite's picture

Seriously, CFland, if you set up a go fund me or something, I'll spread the word on social media, K4S, and S4P. And maybe some more.

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Life is strong. I'm weak, but Life is strong.

wilderness voice's picture

- That mess was probably responsible for Nixon's victory that year. Hillary is old enough to know better. In other news:

Assange pointed out that Clinton’s emails “show that Hillary was overriding the Pentagon’s reluctance to overthrow [Libyan dictator] Muammar Qaddafi, because they predicted that the post-war outcome would be something like what it is, which is ISIS taking over the country.”

Guess she is not real big on the learning from prior "mistakes".

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Raggedy Ann's picture

Sorry to correct you, but it just appears you don't know who you're talking about. No rules apply to hrc. I know you'll get it right from now on. Wink

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

She's waited her whole life for this party and some people want to spoil it. She's not going to let them. She has the whole Clinton Machine to back her up.

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Yahoo

Amanda Matthews's picture

have just gotten more obnoxious, arrogant, and (somehow) blind. Those walking morons don't care that she's a video taped lie machine, that she's supported war criminals, in fact calls this nation's worst a friend and spends Christmas with him and his wife, she a Wall Street tool, she's for those climate killing trade deals because SHE HELPED WRITE THEM.

I'm done with the 'party' after the election anyway. What I grew up thinking was an honorable organization dedicated to serving ALL of us (and I was always of belonging to) is nothing more than a proverbial 'nest of vipers' and it started with this woman's hubby.

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I'm tired of this back-slapping "Isn't humanity neat?" bullshit. We're a virus with shoes, okay? That's all we are. - Bill Hicks

Politics is the entertainment branch of industry. - Frank Zappa

Hillbilly Dem's picture

Trump is such a piss poor candidate (and a piss poor excuse for a human being) there are only 2 people who can save this nation. And it will take affirmative action by both of them, FBI Director Comey and Attorney General Lynch.

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"Just call me Hillbilly Dem(exit)."
-H/T to Wavey Davey

snoopydawg's picture

At everyone who is voting for her. They have been in bed with Wall Street their whole career and each one scratches the others backs.
From welfare reform to deregulating the banks, both teams have made out quite well.
image_88.jpeg

How true is this?

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

I think this time, the cops will shoot someone instead of busting heads with nightsticks. They are more trigger happy now.

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I've seen lots of changes. What doesn't change is people. Same old hairless apes.

too many cell phone cameras now. there will be pepper spray, there will be tasers and zip tie cuffs. I definitely think we'll get "the whole world is watching" flashback.

1968 was the last time the democratic party was this weak. and i think they know it.

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Bernindownthehouse's picture

Along with that devices that produces a loud noise that makes people want to puke, first used in my home town of Pittsburgh, PA in 2009 during the G20.

Boy I love how you can actually see everyone's entire comment when logged in here, unlike TOS.

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"Not me. Us."

terriertribe's picture

But reading Ramparts at night under the covers with a flashlight. I've still got my copy of the Walker Report around here somewhere, too.

I hope you are wrong.

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Now interviewing signature candidates. Apply within.

CaptainPoptart's picture

The 1% will have the type of demonstrations they have sought and deserve, an antiDemocratic convention inside and out. I just hope that any protester planning to attend is prepared to be arrested and probably beaten in the process, because it is going to get ugly.

It should be a prime topic of coverage for the MSM to show the world how the US treats dissent, except that we have recently seen them ignore the massive protests in France. Our Goal should be to overwhelm them with numbers, cell phone videos, and social media. This may make the 68 Chicago convention look like a picnic.

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I'd rather learn from one bird how to sing than teach ten thousand stars how not to dance. - e.e.cummings

mhagle's picture

to the convention site where a ginormous screen is set up to play YouTube videos by common Joe types like me giving our 2 cents?

Several years ago there was some sort of protest where I sent in a video that played in the sequence.

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Marilyn

"Make dirt, not war." eyo

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I know all about the Philadelphia police. Take care all those in the field.

http://www.democracynow.org/2015/5/13/move_bombing_at_30_barbaric_1985

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I mean truth! Hah!

Where do we even begin?

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in Philadephia.

If this were a real revolution, armed rebels would enter Philly the week before and start assassinating police leadership. then we'd see an end nationwide to this blatant totalitarianism.

But we are always the sheep in these scenarios. Always the victims at Kent State, the outraged at the Battle of Seattle, the tread upon and ignored. the ones who have their votes stolen.

Because we won't fight fire with fire.

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terriertribe's picture

I think it would be the excuse for open totalitarianism, rather than the end of it.

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Now interviewing signature candidates. Apply within.

featheredsprite's picture

in any place and any time is that the Establishment has more and bigger guns. That's why they're in charge.

We already have had enough martyrs. Let's not have more.

But yes, raise hell!

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Life is strong. I'm weak, but Life is strong.

Alligator Ed's picture

They have played a full out press the entire game, as well as Hide-the-ball, goal-tending, out of bounds ball playing, shooting baskets after the 24 second clock; playing with 6 players on the court, putting blinders on referees. They have fought mercilessly to gain 3 votes in Nevada, even though such a public display of fraud would inevitably dissuade Bernie partisans and independents from considering Medusa as a fair and equitable candidate. She is, and always has been, a venomous snake--a venomous snake that cackles.

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dance you monster's picture

The shift in the responses from City politicians is not something that had to come from without. It is something that is endemic to what's in Philly already. A Machine needs (and relishes) its marching orders, and it got them, but it's still a homegrown Machine. And the Philly Machine has been the Clintons' bulwark since 1992.

The organizers of the demonstrations need to understand that a Machine is slow and predictable. It will work inexorably to stifle us, narrowing the field of permitted actions bit by bit right up to the end of the Convention. But there are tactics that can take advantage of all this. Think outside the box, 'cuz the Machine can't.

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drones with loud speakers?

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Beat Trump with Bernie!

I see the beginning of the revolution. There are a lot of unhappy people in this country who need to vent, and if they try to stifle that, I'm afraid of what may happen. I'm also afraid of false flag operatives, both Republican and Democrat, perpetrating or causing violence and then blaming it on protesters.

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Beat Trump with Bernie!

Haikukitty's picture

I would be willing to bet TPTB will plan to have a few people to throw bricks or some shit to initiate a nice, riot police crackdown.

It will take a lot of vigilance on the part of the protestors to not allow that to happen, to stop any provocations before they get started.

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