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14 THE UNIVERSITY OF THE DISTRICf OF CoLUMBIA LAW REVIEW
text for preventive arrests. Section 107(f) of the D.C. Council's First Amendment
Rights and Police Standards Act of 2004, discussed infra in Part IV and appended
to this article, is designed to prevent this type of abuse in the future.
3. Police Assaults
Despite the fact that the vast majority of demonstrators were non-violent, the
police were quick to resort to violence, "responding forcefully to any ... who
defied them," using "pepper spray and what appeared to be a form of anti-riot
gas or smoke grenades and charg[ing] into the protesters beating them with long
sticks."60 Police roughed up a plainly identified Washington Post reporter, then
arrested her when she complained, struck an Associated Press radio reporter
from behind, and assaulted non-resisting demonstrators. 61 In one incident, the
police, instead of just removing protesters from the path of a bus, doused them
with pepper spray before dragging them away.62 Even the inadequate police directives
of thirty years ago prohibited such use of chemical agents against "passive
crowds or at the scene of a sit-down or arm-lock type of demonstration
where the objective is simply to move a group or effect arrests.,,63
4. Unlawfully Prolonged and Abusive Detention
Despite the minor nature of the charges and despite the fact that there was no
documentation to establish probable cause, arrestees were held for many hours
on buses, without access to food, water, or counsel, and for many more hours
before release. One report presented this perspective:
For [Thies] Broderson, who grew up in Germany, the police tactics-II
hours in handcuffs for a misdemeanor charge, no food, no water, no access
to a lawyer-were uncomfortable reminders of his nation's past. "It was
real police-state measures. Not the sort of thing one would expect in the
capital of a democracy.,,64
The Police Department has shown itself incapable of self-correction. The District
of Columbia Council had ample justification for the corrective measures it
60 Kifner & Sanger, supra note 51.
61 Post Photographer Detained by Police, WASH. POST, April 16, 2000, at A-2B; Petula Dvorak
& Michael E. Ruane, Police, Protestors Claim Victory; Scattered Scuffles and Arrests Punctuate a
Largely Peaceful Day, WASH. POST, Apr. 17,2000, at A-I.
62 Joseph Kahn & John Kifner, World Trade Officials Pledging To Step Up Effort Against
AIDS, N.Y. TIMES, Apr. IB, 2000, at A-I.
63 Metropolitan Police Department General Order, Series B05, No.1 (December 1, 1971), at 6,
(quoted in Washington Mobilization Committee, 400 F. Supp. at 204).
64 Dvorak & Ruane, supra note 61. On July 27, 2000, the Partnership for Civil Justice fIled a
class action suit on behalf of those arrested in the police actions of April 2000, seeking damages and
injunctive relief. As of this writing, that suit, Alliance for Global Justice v. District of Columbia, No.
01-CV-OBll (D.D.C.), is still in litigation.