Download Electronic Version - UDC Law Review

30 THE UNIVERSITY OF mE DISTRICf OF COLUMBIA LAW REVIEW
1. The Act begins with a statement that it is the declared policy of the District
of Columbia that persons and groups have a First Amendment right to conduct
demonstrations "near the object of their protest." The Act requires the MPD "to
recognize and implement" this policy (sections 103, 104(a), 107(a)).
2. The Act substitutes for the existing permit system a notice system under
which demonstrators need not seek permission to demonstrate, but merely have
to provide advance notice. The M.P.O. may then impose reasonable time, place
and manner restrictions by issuing an "Approval of Plan" for the demonstration.
The demonstrators may negotiate with the M.P.O. or appeal to the Mayor regarding
any provisions in the plan to which they object (sections 104(b), 105,
106).
3. No notice is required of a group that plans to remain on sidewalks and obey
traffic lights, or of a group of less than 50 persons (section 105(d)).
*4. The police may not disperse or arrest demonstrators solely for failing to
give advance notice, but shall accommodate such demonstrations if possible (section
107(f)(1)-(2)). Abbate does the same (Abbate Settlement Agreement, Objective
(b»).
*5. The police may not disperse a demonstration unless a "significant number
or percentage of the assembly participants" violate "or are about to" violate the
law; otherwise only those in the group who are actually violating the law may be
dispersed or arrested. The clear and present danger standard is articulated as "an
imminent likelihood of violence endangering persons or threatening to cause significant
property damage" (sections 104(b)(2)(C), 107). Abbate urges but does
not require such an approach (Objective (b».
*6. Dispersals must be preceded by clear and audible notices with adequate
amplification, and an opportunity to leave (section 107(e). Abbate Objective
(b).
7. Police may not encircle demonstrators unless there is "probable cause" for
and an intention to make specific arrests of a "significant number or percentage"
of the participants, or to provide for the safety of the demonstrators (section
lOB).
*B. Police officers must wear identifying badges and name plates, and, while
policing demonstrations, must wear "enhanced" identification "even· if wearing
riot gear" (sections 109, 321). Abbate Objective (c).
*9. The police must contemporaneously record every arrest, and the Chief of
Police must account in writing for any failure to do so (section 110). Abbate
Objective (a).
*10. Restraints, including handcuffs, may be placed on those arrested only if
necessary, and not in any manner that causes pain (section 111). Abbate Objectives
(i), 0), and (k).
*11. The M.P.O. must have adequate staff and processing systems to "ensure"
that persons arrested in a demonstration are promptly processed for release or