How Police Deal with Protesters

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Apologies in advance: this is a post and run thread.

I have time to open this thread, but am unlikely to have time to participate actively in it until apple season is over. But I wanted to post excerpts from these news story, and links to the stories, while these are still current and while they are still available on-line, since links to news stories sometimes expire. This is something I plan to use as an example in another thread later this year, and I'd rather people have a chance to read the original now rather than simply my re-typing or cut-and-paste of the story later.

One thing people may be interested in discussing in this thread is this particular incident, in which stun guns were used on non-violent (and non-resisting) protesters in order to obtain compliance with a police order (for the protesters to unchain themselves from a barrel). I believe this was an improper action on the part of police. Protesters who chain themselves to heavy objects in order to prevent their removal from a site -- be it a construction site, as in this case, or abortion clinics, as was frequently done in the late 1980s and early 1990s by abortion protesters -- are committing civil disobedience and should be subject to arrest.

But the use of violence by police -- be it beating with clubs, stunning with tasers, or physically striking or kicking people -- should be limited to preventing people from engaging in actions, not to compelling people to engage in actions. If the protesters had been advancing threateningly toward the police, for instance, the use of violence could be appropriate. If the protesters were refusing to move, on the other hand, the use of violence to compel them to move would be inappropriate. And I believe this principle should be applied independent of the cause the protesters represent. I want to see anti-abortion protesters treated with the same respect and according to the same rules as anti-war protesters are treated. I want to see school prayer activists treated with the same respect and according to the same rules as gay rights activists.

And that's not what I see happening, which is the other thing people may be interested in discussing in this thread. Are protesters for different causes treated equally? Or are protesters for some causes treated better (or worse) than protesters for other causes?

In a thread in Religion and Philosophy about Thomas Jefferson, a tangent has developed about a case in which an unauthorized demonstration was held at an Illinois school by school prayer activists -- adults who had no permission to be on school property, as well as by students who did. The police were called to break up the demonstration, and two of the students who refused to comply with the police order to disperse were handcuffed, taken to a police car, and detained for 15 minutes before being released without any charges being filed.

To some Christian activists, this case is evidence that Christians are being singled out for persecution. To me, the rarity of such incidents in relation to school prayer demonstrations, and the relative mildness of the alleged mistreatment, indicates just the opposite. But I would be interested in collecting more examples of mistreatment of protesters in a thread such as this in an effort to see whether incidents of mistreatment are more or less common and more or less severe, depending on the cause involved, or whether incidents of mistreatment are equally likely to occur regardless of the cause involved.

Both these news stories appeared in the Brattleboro Reformer (and both were written by Patrick J Crowley of the Reformer staff). I have excerpted out the key points relative to what I am interested in discussing, but I encourage people to click on the links for more details about these cases.

Brattleboro Reformer
September 12, 2007 -- page 1
Putney Road protesters in court

A pair of protesters, who spurred townwide debate over the use of stun guns, were arraigned in Windham District Court on charges of trespassing and resisting arrest. Jonathan "Slug" Crowell and Samantha Kilmurray pleaded not guilty to the misdemeanor charges through their attorney Tuesday.

The two were arrested by the Brattleboro Police Department in July for refusing to leave a vacant lot on Putney Road. They were protesting the possibility of a truck stop on the lot, owned by Cheshire Oil.

Officers on the scene used Tasers to get the two protesters to unchain themselves from a barrel filled with concrete and steel rebar. The use of the nonlethal weapon triggered a barrage of criticism from residents who alleged police brutality.
...

Police first responded at about 1 p.m. on July 23, arriving to the vacant lot at the corner of Black Mountain and Putney roads to see roughly 20 protesters putting up signs and planting flowers...

Police contacted the property owner, Cheshire Oil owner James Robertson, who said he wanted the protesters off the property. Police eventually told the group that they had to leave. Police left, then returned again to see that many of the protesters were still there. Robertson was again contacted by police and told of the situation. "The owner agreed to allow the subjects to stay on the property overnight but advised they would have to vacate in the morning," the affidavit states.

At about 7 a.m. the following day, Gorman and Lt. Robert Kirkpatrick returned to the lot, seeing that only two protesters remained on the property. "The subjects who refused to identify themselves were underneath the tarp and appeared to be chained to a fifty-five gallon drum."

Police soon learned the barrel was filled with sand, which was taken out by a Public Works crew, as well as cement, PVC pipe and steel rebar. Officers warned Crowell and Kilmurray they would be arrested if they didn't leave.

"Neither subject complied nor acknowledged our efforts. As a result of the noncompliance, the use of the department Taser units were utilized in an attempt to get them to remove themselves from the barrel," the affidavit reads... "This was effective and the subjects were taken into custody..."



Brattleboro Reformer
September 13, 2007
Putney Road protesters threaten town with lawsuit

Two protesters are threatening a lawsuit claiming the police department used excessive force in their arrest. Attorney David Sleigh, on behalf of his clients, Jonathan "Slug" Crowell and Samantha Kilmurray, sent a letter to Acting Town Manager Barbara Sondag on Aug. 30, notifying the town of a potential suit against the town, the police department and certain officers who have yet to be named...

"My clients would like to resolve this claim without having to file suit," Sleigh's letter reads... "We'd like to negotiate first," Crowell said. "I feel the legal system is a language they understand."

... "There may never be a lawsuit if we can work out a settlement," Sleigh said. When asked what his two clients would be seeking from the town, Sleigh said "certainly some degree of monetary compensation for pain and suffering and violation of civil rights that was caused by the use of excessive force."

Looking beyond that, Sleigh said he would like to see the town adopt a permanent policy that police officers only use stun guns in situations where they face imminent physical harm. "Use as a compliance device, in my view, is not justified," Sleigh said.

But for Crowell, the potential lawsuit is a way of holding the police officers accountable. "It's clear to me that the cops made a mistake," he said Wednesday. He and Kilmurray's action toward a lawsuit, he said, is not just about them, but also about the community and about standing up for rights.

"Overall, the use of Tasers against nonviolent protesters is a dangerous precedent," he said. "I think it has a chilling effect on freedom of speech."
...
 
One thing people may be interested in discussing in this thread is this particular incident, in which stun guns were used on non-violent (and non-resisting) protesters in order to obtain compliance with a police order (for the protesters to unchain themselves from a barrel). I believe this was an improper action on the part of police. Protesters who chain themselves to heavy objects in order to prevent their removal from a site -- be it a construction site, as in this case, or abortion clinics, as was frequently done in the late 1980s and early 1990s by abortion protesters -- are committing civil disobedience and should be subject to arrest.
===
Both these news stories appeared in the Brattleboro Reformer (and both were written by Patrick J Crowley of the Reformer staff). I have excerpted out the key points relative to what I am interested in discussing, but I encourage people to click on the links for more details about these cases.
The vignette presented showed an unreasonable stance on the part of the "protesters" who had been allowed some license and consideration by both the property owner and the police. That this occurred on private property is worth noting. After being treated with low level interaction, the protesters raised the ante, obliging the officers to use physical methods to remove them from the property, which they were apparently within the law to do.

Is the stun gun/taser (which was it, really?) method less likely to cause harm than a manhandling, or more? If the officers can get compliance via a method that reduces risk of bodliy injury, it would seem the better path to use of physical means to remove a criminal trespass.

I recommend getting Bikewer's opinion on this, given his experience with use of the tools at hand.

Interesting post, yet again. :)
DR
 
In fact, we attended a training session on this very sort of thing in preparation for the last presidential debate held at our university. (and we're in the bidding for another....)

Part of the training included footage of Seattle area police dealing with "tree-hugger" individuals who had resorted to similar methods to disrupt traffic, stop logging operations, and the like.

The individuals would often secure themselves in some way that mechanically removing their restraints would risk injury.
In this case (prior to the widespread use of the Taser) the officers used liquid OC (oleoresien capsicum or pepper-spray) applied to the protester's eyes and noses with Q-tips.
The desired results were obtained....

As to the propriety of this sort of thing... I can comment on the legal aspects. The protesters are usually given the formal order to disperse, as their activities are illegal. They may not be "very" illegal; often just trespassing or obstructing traffic. Still, they are violations of the law.
They are formally advised that they must disperse or be arrested. Refusing the "lawful order", they are then placed under arrest, and the officers at that point are legally enabled to take whatever actions are necessary to effect the arrest.
The application of pain-compliance techniques (pepper-spray, Taser, stun-gun) is a minimal escalation of force in these cases, and often all that's required.

Note that these sorts of protests are not generally considered to be "protected" speech. They are coupled with trespassing, disruption of traffic, or similar offenses.
Protests are generally allowed under federal and state law as long as they do not violate other laws or greatly infringe the rights of others.
 
Apologies in advance: this is a post and run thread.

I have time to open this thread, but am unlikely to have time to participate actively in it until apple season is over. But I wanted to post excerpts from these news story, and links to the stories, while these are still current and while they are still available on-line, since links to news stories sometimes expire. This is something I plan to use as an example in another thread later this year, and I'd rather people have a chance to read the original now rather than simply my re-typing or cut-and-paste of the story later.

One thing people may be interested in discussing in this thread is this particular incident, in which stun guns were used on non-violent (and non-resisting) protesters in order to obtain compliance with a police order (for the protesters to unchain themselves from a barrel). I believe this was an improper action on the part of police. Protesters who chain themselves to heavy objects in order to prevent their removal from a site -- be it a construction site, as in this case, or abortion clinics, as was frequently done in the late 1980s and early 1990s by abortion protesters -- are committing civil disobedience and should be subject to arrest.

But the use of violence by police -- be it beating with clubs, stunning with tasers, or physically striking or kicking people -- should be limited to preventing people from engaging in actions, not to compelling people to engage in actions. If the protesters had been advancing threateningly toward the police, for instance, the use of violence could be appropriate. If the protesters were refusing to move, on the other hand, the use of violence to compel them to move would be inappropriate. And I believe this principle should be applied independent of the cause the protesters represent. I want to see anti-abortion protesters treated with the same respect and according to the same rules as anti-war protesters are treated. I want to see school prayer activists treated with the same respect and according to the same rules as gay rights activists.

And that's not what I see happening, which is the other thing people may be interested in discussing in this thread. Are protesters for different causes treated equally? Or are protesters for some causes treated better (or worse) than protesters for other causes?

In a thread in Religion and Philosophy about Thomas Jefferson, a tangent has developed about a case in which an unauthorized demonstration was held at an Illinois school by school prayer activists -- adults who had no permission to be on school property, as well as by students who did. The police were called to break up the demonstration, and two of the students who refused to comply with the police order to disperse were handcuffed, taken to a police car, and detained for 15 minutes before being released without any charges being filed.

To some Christian activists, this case is evidence that Christians are being singled out for persecution. To me, the rarity of such incidents in relation to school prayer demonstrations, and the relative mildness of the alleged mistreatment, indicates just the opposite. But I would be interested in collecting more examples of mistreatment of protesters in a thread such as this in an effort to see whether incidents of mistreatment are more or less common and more or less severe, depending on the cause involved, or whether incidents of mistreatment are equally likely to occur regardless of the cause involved.

Both these news stories appeared in the Brattleboro Reformer (and both were written by Patrick J Crowley of the Reformer staff). I have excerpted out the key points relative to what I am interested in discussing, but I encourage people to click on the links for more details about these cases.

I have a special spot on my side (holster) for anti-abortion activists - especially those that block clinics, paraded their children around with signs, shoot or support shooting or otherwise harming abortion providers. I love children and think they are really neat - but I have supported abortion fully
and firmly since I read Blue Denim in the 5th or 6th grade.
 
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But, regardless, I have no problem with the dispersal/removal/arrest of protesters for any cause who are: blocking public access to anything public, disrupting public or private meetings (I do not include being in a legal place holding up signs - unless NO group is being allowed that option), etc. Your right to protest should not trump my need to get to work or home, my need to get information from an agency, my need to get to health care, etc. This applies to groups on any side of any issue - and can influence me very negatively (as the blockage of downtown Orlando about a year ago re: illegal aliens did on that topic - an important training which included a free computer/video capable microscope was canceled due to it and not rescheduled because of time constraints). My students and I lost something important for something that essentially turned out to be pointless(at best) for it's participants.
 
The vignette presented showed an unreasonable stance on the part of the "protesters" who had been allowed some license and consideration by both the property owner and the police... After being treated with low level interaction, the protesters raised the ante, obliging the officers to use physical methods to remove them from the property, which they were apparently within the law to do.


I think using the unreasonableness of protesters' actions as the basis for deciding whether police are justified in inflicting pain on protesters is not a good standard to use. Unreasonableness is in the eye of the beholder. It seems to me that people who agree with a cause are more likely to see protesters for that cause as reasonable and people who disagree with a cause are more likely to see protesters for that cause as unreasonable.

A person who opposes the Iraq war may be more likely to view the actions of anti-war activists as clever, creative, and courageous; a person who supports the war may be more likely to view the same actions as cowardly and contemptible. A person who opposes abortion may be more likely to view the actions of those who block the entrances to clinics as heroic and compassionate; a person who supports abortion rights may be more likely to view the same actions as hateful and fanatical.

Defining what is reasonable protest is not as clear or as easy as you may think. Martin Luther King and Mohanda Gandhi are often held up today as models of reasonable protest. That, however, was not always the case.

In the 1950s the civil rights activists were viewed by many to be unreasonable extremists. Indeed, they were held by many to be violent extremists. A moderately common position in the 1950s was to condemn extremism on both sides of the civil rights issue -- the extremism of the KKK and the extremism of the freedom riders and sit-inners.

As I recall, William F Buckley's National Review as late as 1962 still took the stance in relation to police excesses against the civil rights movement (such as use of fire hoses and cattle prods) that these might appear bad as portrayed in the liberal media but that the police were justified in using them because the protesters had behaved so unreasonably. (I'm not able to look that up at the moment to confirm my recollection, but I have photocopies at home of National Review's editorial on Selma and believe that's a fair paraphrase of the view expressed.)

Gandhi, likewise, was viewed considerably differently during the time he was actively engaged in his campaign against the British than he is today now that the struggle is over and Gandhi won. I recall reading a number of British books which identified Gandhi as an anarchist hoodlum. It would be interesting to look up news articles about Gandhi in British newspapers from the 1930s and 1940s. Gandhi eventually came to be perceived as a responsible voice of protest, and that's how history now records him, but I don't believe that was how the people he was protesting against viewed him at the time.
 
... I have no problem with the dispersal/removal/arrest of protesters for any cause who are: blocking public access to anything public, disrupting public or private meetings... Your right to protest should not trump my need to get to work or home, my need to get information from an agency, my need to get to health care, etc.


I agree. I likewise have no problem with the dispersal/removal/arrest of protesters who are illegally blocking public access, illegally trespassing, illegally disrupting meetings, etc. And I say that even though I have been in the past, and may be in the future, such a person.

I believe protest -- including illegal protest, i.e. civil disobedience -- is an important part of democracy. I support the right of people who feel strongly that something is wrong to break the law as part of their protest -- and I support the right of government and police to arrest such people.

What I do not support is the right of police to inflict unnecessary pain or violence on such people. It is one thing to use violence in order to prevent people from doing things which pose a threat to others. it is quite another to use violence in order to compel people to do as we wish.

I fail to see how this is significantly different in direction from what the police did to civil rights protesters five decades ago. What the protesters did was deemed to be against the law. Therefore the authorities used police dogs, fire hoses, and cattle prods in an attempt to get the protesters to refrain from illegal activities.

What the police did then was wrong. Ten, twenty, thirty years ago there was fairly widespread agreement on that. I am sorry there no longer appears to be moral clarity on this issue.
 
I think there has indeed been a moral shift in what is considered acceptable police behaviour, such that the use of torture devices is now considered an acceptable means for police to enforce compliance with their commands.
 
I think there has indeed been a moral shift in what is considered acceptable police behaviour, such that the use of torture devices is now considered an acceptable means for police to enforce compliance with their commands.
Can you tell us when this "moral shift" occurred? And what era was it where you were allowed to resist police without painful consequences, whether it be from a taser or a billy club? I really want to know!
 
Can you tell us when this "moral shift" occurred? And what era was it where you were allowed to resist police without painful consequences, whether it be from a taser or a billy club? I really want to know!


There is a difference between resisting arrest and non-cooperating with arrest. One is active, one is passive. Gandhi urged his followers to go gladly off to jail, and the early civil rights protesters followed a similar discipline. But by the 1960s non-cooperation with arrest was fairly common. Surely you have seen photos from that era of protesters going limp and being carried away by police?

That's one of the things which used to be a point of pride to Americans: the difference between the way we handled protesters and the way dictatorships did. There, protesters were indeed beaten. Here, only the amount of force necessary was used. I can't think of one incident in the last 30 years where protesters -- be they anti-war, anti-nuke, or anti-abortion -- were beaten because they refused to walk.

As to when this came about: I'm not an expert, so will defer to those more knowledgeable if anyone cares to correct my quick summary which follows.

Back in the 1920s and earlier there was not moral clarity on this. Police regularly waded into crowds of union workers and suffragists. (As I recall, one suffragist died from being trampled by a horse; I think she was English rather than American, but police treatment of protesters was similar in both countries.) During the 30s and 40s I would say the tide turned against such use (abuse) of force by the police. Beatings of suspects in custody happened regularly during those eras, but it wasn't officially approved. In the 50s and 60s a series of Supreme Court decisions (much-denounced by conservatives) drew clear lines of what police could and could not do to people in custody, taking the US in an increasingly humane and rational direction.

Anti-war and civil rights protesters were occasionally beaten in the 1950s -- both by the police, and by hostile bystanders with the tacit permission of police. Protest was seen as disreputable and such abuses were winked at and tolerated. I would guess that the excesses of police reaction to the civil rights movement contributed strongly to the renunciation of such behavior. So did the increasing realization that protesters were not all scruffy communist anarchist traitors -- that they were priests, nuns, daughters and sons.

By the late 1970s it was fairly well-accepted that it was immoral and tactically stupid to beat people who were non-cooperating. If someone doesn't walk, it makes more sense to pick them up and carry them than to try to beat them until they walk.

So to answer your question: roughly from 1975 through 2005, the idea that it could be justified to beat protesters who]refused to cooperate with arrest had been soundly rejected. There would not have been objection to using nightsticks or tasers on a person who attempted to wrestle with the police, or who charged at them menacingly; but there would have been strong objection to using such force against a person who was lying passively on the ground.

(Indeed, the idea that it was okay to rough up prisoners who refused to walk had been so roundly rejected that there was major outrage on the part of the Pro-Life movement in 1989 when police in Pittsburgh carried limp protesters off to jail but did not do so quite gently and respectfully enough. I don't have time to post a link to it now, but something I do want to touch on in this thread at some point is the incident they referred to as "the Pittsburgh Nightmare".)
 
There's something wrong with a society that thinks that the mere presence of a badge means that you should instantly comply with any and all orders, and that you deserve to be tortured for not complying. Tasers, especially, seem to be a free pass for cops to hurt people on any or even no provocation. There's no risk for the officer, and the hand's off nature seems to make it very easy to abdicate responsibility for the torture.
 
There is a difference between resisting arrest and non-cooperating with arrest.
Exactly, and I've never advocated hitting/tasering people engaged in passive resistance. Just cuff them and carry them away.

But in the case of active resistance (like Andrew Meyer) you use the tools at your disposal, whether it's a taser, pepper spray, or the old billy club.
 
There's something wrong with a society that thinks that the mere presence of a badge means that you should instantly comply with any and all orders,
Really? Who advocates that?

and that you deserve to be tortured for not complying. Tasers, especially, seem to be a free pass for cops to hurt people on any or even no provocation.
Tasers are not torture... :rolleyes:

There's no risk for the officer,
Now you're catching on! Allowing yourself to become a huiman punching bag is not part of the job description of being a cop.

and the hand's off nature seems to make it very easy to abdicate responsibility for the torture.
This makes no sense at all.
 
Torture devices? Perhaps some explanation is in order?

I thought that I explained the legal basis for such arrests previously, but perhaps I wasn't clear.
"Passive" resistance is still resistance, once the individual has been told he/she is under arrrest. At that point, in all jurisdictions in this country, the police may then use such force as becomes necessary to effect the arrest.
There is always a "continuum of force" policy in modern police agencies, detailing what methods, techniques, and tools can be used against various sorts of resistance.

The reason we police carry so many different "tools" these days is to deal with that varying level of resistance.
(I carry pepper-spray, baton, Taser, and firearm)

Individuals who have done things like chaining themselves to private property or obstructing traffic may be removed. As I said, the use of something like pepper-spray to force compliance may be preferable to removing restraints with an angle-grinder, which might injure the individual.

I should note that the primary driving force behind the change in police procedures in this regard has not been an altruistic desire to avoid hurting people, but the desire to avoid expensive lawsuits....
 
There's something wrong with a society that thinks that the mere presence of a badge means that you should instantly comply with any and all orders, and that you deserve to be tortured for not complying.
I usually don't comply. I'm an ahole and usually argue and make the lives of cops hell. I'm not quite sure why. I've never been tortured for doing so. I've been awfuly close to arrest though. I don't doubt that had I resited that some means to force compliance would have been used.

Tasers, especially, seem to be a free pass for cops to hurt people on any or even no provocation. There's no risk for the officer, and the hand's off nature seems to make it very easy to abdicate responsibility for the torture.
Police can lose their jobs and are subject to civil law suits. I'm not sure how prevalent such attitudes are. I don't doubt that there exists police who have malicious intent. I think most are proffesional and will work to descalate a situation first. The case with the ahole screaming at Kerry was a great example. No one ran up to him and tassed him. The police asked him to calm down time and again. Please note that I'm not saying that the police acted properly only that tasering was not their first action

I remember when it was argued that K-9 officers needed to let their dogs bite a suspect even if the suspect was compliant to reinforce the dog's training. This was absolutely wrong IMO.
 
There is a difference between resisting arrest and non-cooperating with arrest.

Exactly, and I've never advocated hitting/tasering people engaged in passive resistance. Just cuff them and carry them away.

But in the case of active resistance (like Andrew Meyer) you use the tools at your disposal, whether it's a taser, pepper spray, or the old billy club.


Andrew Meyer? The case under discussion in this thread so far involves Jonathan Crowell and Samantha Kilmurray. They were not actively resisting. They were tasered, not to get them to refrain from struggling, but to get them to unlock the device they were chained to.

I'm happy to have additional incidents introduced and discussed in this thread -- both incidents in which there is a feeling protesters were treated improperly and incidents in which there is a feeling protesters were treated properly. If you would like to introduce and discuss the case of Andrew Meyer in this thread, please do so.
 
... "Passive" resistance is still resistance, once the individual has been told he/she is under arrrest. At that point, in all jurisdictions in this country, the police may then use such force as becomes necessary to effect the arrest...

Individuals who have done things like chaining themselves to private property or obstructing traffic may be removed. As I said, the use of something like pepper-spray to force compliance may be preferable to removing restraints with an angle-grinder, which might injure the individual.

I should note that the primary driving force behind the change in police procedures in this regard has not been an altruistic desire to avoid hurting people, but the desire to avoid expensive lawsuits....


I can certainly appreciate and sympathize with the desire to avoid lawsuits (and the desire to avoid injury, either to the officers who must remove the device or the protesters who must be removed). I still think the use of tasers (or other forms of inflicting pain) in order to get protesters to unlock themselves is a poor choice. This is a slippery slope, and a very dangerous one.

As far as I know, this incident is the first time this has happened. Are you aware of previous incidents in which tasers have been used this way? When anti-abortion activists used "lock and block" tactics back in the late 80s and early 90s, I am virtually certain this tactic was not used.

I don't think there have been any lock-and-blocks at clinics for more than a decade. I would be very interested to see what would happen if there were another anti-abortion action of that nature and tasers were used the way they were on Crowell and Kilmurray.
 
I don't think there have been any lock-and-blocks at clinics for more than a decade. I would be very interested to see what would happen if there were another anti-abortion action of that nature and tasers were used the way they were on Crowell and Kilmurray.
I find this an odd query, It seems to me that the sentiment is very much against such tactics for anti-abortion activists.
 
What a great thread. Due to the recent taser incidents in the News, I thought about this very issue.
 
Interesting that "Corporal punishment for adults" is ok at a time when disciplining children isn't
 

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