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16 THE UNIVERSITY OF THE DISTRlcr OF COLUMBIA LAW REVIEW
Mayor Anthony Williams and Chief of Police Charles H. Ramsey have attempted
to rationalize these arrests by "defending" the rank and file police officers
who carried out the Chief's policies. They also argue that the police should
not be second-guessed for tough decisions made in the urgency of street
dynamics. Thus, according to Mayor Williams, "It's important ... to recognize
that when [the police] are on the spot and making very, very difficult decisions,
it's important to back them Up.,,69 And Chief Ramsey, in a memorandum to the
Mayor recommended that no police official should be disciplined for the mishandling
of the September 27th demonstrations because of "good faith" errors during
"quickly-evolving events.,,70 But it is the Chief and the Mayor, not their
officers, who are principally at fault, and they should not try to hide behind the
rank and file.
Moreover, the Pershing Park arrests were not an on-the-spot police response.
They were a pre-planned maneuver, as is evident from the precise way in which
assembling demonstrators were diverted from Freedom Plaza into Pershing Park,
and in which seventy-five bicycling demonstrators from Union Station were channeled
by a heavy police escort into the park. The tactic was part of Chief Ramsey's
general policy of preemptive action, as were the prolonged detentions,
designed to prevent those arrested from participating in other demonstration activity
that weekend.
'
The simplicity of the September 27th demonstrations highlights the M.P.O. 's
failure to master the art of maintaining order while obeying the law themselves.
They were dealing with a relatively small demonstration of no more than 2,000,71
unusually light traffic, no violence, virtually no disorder (two smashed windows
and several overturned newspaper boxes), and a police presence at the scene that
"overwhelmed" the demonstrators, enabling police "easily ... to out-number
protesters whenever they felt the need."n
Chief Ramsey and his commanders have never had to deal with major disorders
like the city-wide riots of 1968 or the massive civil disobedience of Mayweek
1971, in which the Judicial Conference and the courts admonished the police to
do better. Even with the far smaller and less challenging demonstrations of April
2000, and the simple demonstrations of September 2002, M.P.O. management
resorted to preemptive and unrecorded arrests, unnecessary club and gas attacks,
and unlawfully harsh and prolonged detention.
69 David A. Fahrenthold & David Nakamura, supra note 67.
70 Leonnig, supra note 16.
71 Fernandez & Fahrenthold, 5upra note 15.
72 Id.; Monte Reel, A Day o/Tightly Controlled Chaos, WASH. POST, Sept. 28, 2002, at B-1, B4.