Health Acces RI

filed under Activism | Civil Liberties

On The Right To Protest On City Sidewalks

2:45PM ON 06/02/2012
BY Dave Segal

I’m really psyched that Netroots Nation will be in town next week — it’ll make for an exciting time for Providence, and will yield a welcome economic boost — the estimates are on the order of 4 million dollars in economic activity for Rhode Island, including a nice chunk of revenue for the city in hotel and meal and beverage taxes.  (And, shameless self promotion:  I’m happy to have played a key role in securing the conference for Providence.)

I also unequivocally support the right to protest, and believe that Occupy Providence has every justification in the world to make its presence known outside of the event and draw further attention to economic justice issues.

Most attendees of the conference absolutely support their cause, but far too much of the Democratic Party establishment is still complicit in Wall Street’s crimes, helped bring about the ruin of our economy, and is still contingent upon Big Finance for campaign contributions.  (Obama’s relatively new to sucking up to high finance, but our Vice President spent most of his 4-decade career in politics as a particularly notable shill for the industry.)

Which brings me to the point: In late 2006 janitors throughout Rhode Island were agitating for better wages.  This included a scheduled 5-day fast outside of City Hall, but circa day 3 thereof one janitor was roughed up by management of the custodial contractor at the Turks Head Building.  So we moved the protests to the sidewalk adjacent to that building, on Westminster street.  A dozen or so people brought lawn chairs — and blankets and sleeping bags (as per the photo from the Brown Daily Herald at right) — and set up shop flush with the wall of the building, leaving at least 8 or so feet of passable sidewalk width between themselves and the street.

The police — ostensibly under the direction of our illustrious “progressive” mayor at the time — tried to arrest everybody for blocking the sidewalk.  Working with attorney Marc Gursky, SEIU and the protesters secured a restraining order against the police department, affirming the right of the protesters to protest on the sidewalk.

So I wanted to bring to the attention of the powers-that-be the ordinance that the late Miguel Luna and I oversaw passage of thereafter to ensure that the right to protest on city sidewalks would not again be questioned.  The explicit legislative intent was to make it clear that protests that look the one above are legal in Providence, as long as enough room is left for pedestrians to use the sidewalk.  See (c) below:

Sec. 16-13. – Obstruction of public ways.

(a)
No person shall stand on any footwalk, sidewalk, parking lot, doorstep or in any doorway in this city as to obstruct a free passage for foot passengers; nor place sports equipment or other obstructions within any street or sidewalk within the city so as to impede the flow of vehicular or pedestrian traffic; or to hinder or delay passers-by or persons residing or doing business in the vicinity thereof.
(b)
Any person obstructing any footwalk, sidewalk, parking lot, step or doorway, or utilizing sports equipment or other obstructions within any street or sidewalk within the city, shall move, or remove the equipment or other obstruction, immediately when requested to do so by a police officer.
(c)
The preceding paragraphs shall not apply to individuals who are exercising a right to protest; however, in no event shall there be less than three (3) feet of unobstructed sidewalk access at all times.

(d)
The director of public works, or his designee, is hereby authorized to remove sports equipment or any other obstructions from any street or sidewalk within the city at the request of a police officer.
(Ord. No. 1914, ch. 30, § 11; Rev. Ords. 1946, ch. 23, § 8; Ord. No. 1969, ch. 69-1, 1-2-69; Ord. 1971, ch. 71-55, § 1, 10-21-71; Ord. 1971, ch. 71-56, § 1, 10-21-71; Ord. 1971, ch. 71-72, § 1, 11-19-71; Ord. 1973, ch. 73-13, § 1, 3-9-73; Ord. 2005, ch. 05-61, § 1, 12-15-05)
Sec. 16-13.1. – Resid

7 Comments on “ On The Right To Protest On City Sidewalks ”

  1. While I agree with the right to protest on principle, Occupy didn’t do anyone any favors by camping out in the park. They trashed the area and didn’t allow anyone to use it by blocking up space with tents and things.

    I believe there’s still a caution sign to prevent a repeat of the same.

    Protesting is great, but people like Occupy can become a nuisance and do more harm than good for their message.

  2. Oh please. The Occupy movement in Providence was welcoming and they were using their rights to use the park just as plainly as anyone else could have.

    Why blame them when the park is otherwise “occupied” by the homeless and a filth of drug dealers? Paths were maintained and access to the park itself had remained open- the occupiers didn’t prevent folks from entering the park.

    Besides, I highly doubt folks like Jack above would have used the park on a regular basis and during the cold months in which the occupation existed anyhow, October – January. If we can’t use public space for public discourse, then where?

    Also, I must note that it is Occupy Providence who lead the reseeding and improving of the parks condition post occupation (1,2) and as noted on the temporary closure signs posted at the parks multiple entrances.

    If we’re going to have a dialogue, lets start with facts and stop pointing fingers .

    1) https://www.facebook.com/note.php?note_id=246282112097342
    2)http://news.providencejournal.com/breaking-news/2012/03/occupy-providen-35.html

    *I am not, nor have I ever claimed membership of the Occupy Movement.

    Jack replied:

    Prior to occupy, the park was closed at certain hours. The movement would block traffic and generally become a nuisance. I sympathize with their goals, but I can see how they lost the PR war by trashing the place.

    Drew replied:

    Oh the little inconveniences of standing up for justice. Priorities my friend.

    Jack replied:

    There are better ways to stand up than camping out and occupying public property to the detriment of other users.

    Again, I agree with the premise of Occupy. But when you act in the manner that they do, you’re not going to win any fans.

  3. The American Revolution wasn’t won by sitting at home. Stop crying- there are other parks.

    Jack replied:

    What was achieved by camping out in a park?

    If Occupy wanted to reform banking, they should have lobbied legislators for tighter rules and more oversight. They could have brought more awareness to the issue by getting media attention through their organization. There are many other things they could have done.

    Instead, they camped out in a park and achieved nothing.

Write a Comment

You must be logged in to post a comment.

ARCHIVES:

CATEGORIES:

Add to Technorati Favorites

Thomas Chester

side blog «contribute now!»

» Music Inspired By Sarah Whitman At Athenaeum

The Providence Athenaeum presents “Volumes of Forgotten Lore” a musical program inspired…

» Happy Holidays Providence

Nicely done City Hall — this is a handsome tree, densely spangled…

» Jingle Bell Rock

Time to start getting in the mood.  KD Lang from “Pee-wee’s Christmas…

» GAGE PRENTISS HITODAMA

Yellow Peril Gallery is pleased to present HITODAMA, a new series of…

» What Cheer’s First Xmas Party On Thayer

(12.9) Head over to What Cheer Antiques and Vintage on Sunday for…

» AS220 Industries Holiday Sale This Saturday!

Still looking for holiday presents? Fret no more! Come get the perfect…

» Book artist lecture at Brown: Maureen Cummins, “Artist as Archivist.”

NOV 29 | Lecture: Maureen Cummins, Artist as Archivist. Free and open…

» Open Life Drawing at AS220 Every Tuesday

Open life drawing $6 every Tuesday at 6pm, AS220’s Performance Space, 115…

VIEW ALL SIDE-BLOG POSTS

RECENT COMMENTS

1:22PM 05/10/2013
The Librarienne said:

Usually posts get trapped in google reader et al, but I looked back through mine and there's nothing. Spooky......

about “But Are We Any Safer” Redux

3:25PM 02/14/2013
Christina B said:

Beth, thank you for this alert! Just wanted to add that the Athenaeum's Collections Librarian Kate Wodehouse has also curated...

about “Artist/Rebel/Dandy” — Salon At Athenaeum

3:10PM 01/05/2013
Beth Comery said:

Just click where it says "details and schedule here."...

about Good Deals Looking At Animals Or Art

1:20PM 01/05/2013
The Librarienne said:

I thought the RISD Museum was only free on Sundays before 1pm?...

about Good Deals Looking At Animals Or Art

9:11AM 12/13/2012
Beth Comery said:

Oh now I get it!!!...

about Polish Spam Invades Dose

10:11PM 12/12/2012
Mark Sawtelle said:

Oops, ^Amerikaninowi^Amerykaninowi...

about Polish Spam Invades Dose

2:58PM 12/12/2012
Beth Comery said:

łoł...

about Polish Spam Invades Dose

1:11AM 12/12/2012
Mark Sawtelle said:

Let's see if I can recall my Polish joke ... Dlaczego Amerikaninowi zabrakło lodu? Ponieważ zgubił przepis....

about Polish Spam Invades Dose