Guidelines For Public Demonstrations In Phoenix Under The 1st Amendment

Press release from the City of Phoenix:

August 26, 2020

Police

The mission of the Phoenix Police Department is to ensure safety and security for each person in our community. As we experience an increasing amount of public demonstrations, we want to provide the guiding principles we follow in our efforts to fulfill this purpose. We believe that the safety of the community is improved when the police department and community groups work together prior to demonstrations.

As a department, we will work closely with organizers to make sure their voices are heard, their rights are not infringed upon and the entire group is able to stay safe as they peaceably assemble in First Amendment-related activities. If necessary, we will attempt to reach out to demonstration organizers of record during the event if issues arise.We recognize that everyone involved plays a shared role in that safety effort. To that end, the purpose of these guidelines is to inform the public about the respective rights and responsibilities involved during public demonstrations. Persons and groups engaging in First Amendment-related activities have the legal right to:

• Organize and participate in peaceful assemblies, including demonstrations, rallies, parades, marches, or other similar gatherings.
• Conduct these assemblies/gatherings in designated public areas.
• Express their political, social, or religious views.
• Freely associate with other individuals and collectively express, pursue, promote, and defend common interests.

As part of our duty to uphold the United States Constitution and the Arizona Constitution, the Phoenix Police Department recognizes that officers have the responsibility to protect persons engaged in their First Amendment right to peaceably assemble. Public safety is the primary mission of officers assigned to these types of events, and as a part of this mission, our officers will:

• Protect life and property. This specifically includes enforcing all applicable criminal laws under Title 13, Arizona Revised Statutes, and the Phoenix City Code.
• Protect privacy, civil rights, and civil liberties of those assembling and the general public.
• Practice fair and impartial enforcement of laws, statutes, and ordinances.
• Adhere to the event Operations Plan, unless otherwise directed by supervisors. Expanded activity may be conducted without supervisory approval if officers identify criminal activity.
• Enforce reasonable time, place, and manner restrictions as discussed in the Operations Plan.
• Communicate important messages using a PA system or Long-Range Acoustic Device (LRAD). The LRAD is a technological device designed to amplify sound over top of other background noises.
• Take steps to ensure that members of the media with constitutional right to cover the event are kept safe.
• Where deemed necessary due to demonstrations that may bring out people with divergent views, use barriers or other strategies to keep opposing perspectives separated in order to ensure everyone remains safe.

In our effort to promote public safety while protecting the right of citizens to peaceably assemble, the Phoenix Police Department wants to inform the public about the following activities that pose a danger to officers and the public:

• Marching on the freeway or highway is prohibited under Arizona law and may subject persons engaging in this activity to arrest.
• Committing traffic violations is prohibited. Using a vehicle to impede or block the normal and reasonable movement of traffic is a violation of Title 28, Arizona Revised Statutes.
• Throwing projectiles, including water bottles, rocks, signs, bricks, etc., at any person or officer is prohibited under Arizona law and may subject persons engaging in this activity to arrest.
• Interfering with or obstructing officers attempting to arrest persons involved in criminal activity is dangerous to officers and other persons who are publicly demonstrating. If a criminal offense has occurred, officers will work to identify those involved in the criminal activity for arrest. They will also work to secure the scene to minimize further criminal activity that would threaten the safety of individuals or property.
• It is extremely dangerous to officers and other persons publicly demonstrating when officers must wade into large crowds to deal with specific individuals. The Phoenix Police Department uses lawful measures that pose the least amount of risk to the public or to officers.
• In the case of injury, fire or other medical emergency it is imperative that the Fire Department be able to access an area to render aid. The Phoenix Police Department will take all necessary and lawful measures to ensure that can happen.
• COVID19 is a medically verified threat to public health; therefore, all demonstrators are encouraged to wear masks, following the current City Council Resolution and a County Government Executive Order. It may be necessary for us to take steps to enforce other Executive Orders that have been issued by either the State or Municipal governments.

This press release was produced by the City of Phoenix. The views expressed here are the author’s own.