Guidelines for Public Assemblies under the First Amendment | https://www.phoenix.gov/newsroom/police/1472 | Police | | 11/2/2020 6:00:00 PM | https://www.phoenix.gov/newssite/Lists/NewsArticle/Attachments/1472/Guidelines of Demonstrations Newsroom.png | | Guidelines for Public Assemblies under the First Amendment | <div class="ExternalClassD68B06377ABC4A929D1406AD313A773F"><html>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. <br><br>We believe that the safety of the community is improved when the police department and community groups work together prior to demonstrations. When organizers are willing, our department 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. This ongoing dialogue is a means for preventing issues before they arise and dealing with issues that may occur during an event. <br><br>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. <br><br>Persons and groups engaging in First Amendment-related activities have the legal right to:<br><ul><li>Organize and participate in peaceful assemblies, including demonstrations, rallies, parades, marches, or other similar gatherings. </li><li>Conduct these assemblies/gatherings in designated public areas. </li><li>Express their political, social, or religious views. </li><li>Freely associate with other individuals and collectively express, pursue, promote, and defend common interests.</li></ul>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:<br><ul><li>Protect life and property. This specifically includes enforcing all applicable criminal laws under Title 13, Arizona Revised Statutes, and the Phoenix City Code.</li><li>Protect privacy, civil rights, and civil liberties of those assembling and the general public.</li><li>Practice fair and impartial enforcement of laws, statutes, and ordinances. </li><li>Officers will follow the operations plan created for the specific event. Exceptions to this include specific direction from a supervisor, responding to an emergency, or when officers identify criminal activity.</li><li>Enforce reasonable time, place, and manner restrictions as discussed in the Operations Plan.</li><li>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 to communicate with a large crowd. This device will only be used as a means of communication.</li><li>Take steps to ensure that members of the media with constitutional right to cover the event are kept safe. Media credentials should be easily accessible clearly distinguishing journalists acting as neutral observers from participating demonstrators. </li><li>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.<br></li></ul>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:<br><ul><li>Marching on <a target="_blank" href="https://www.azleg.gov/ars/28/05201.htm#:~:text=%28a%29%20A%20single%20vehicle%20or%2cthe%20purposes%20of%20intrastate%20commerce.">public highways</a>, freeway, or other thoroughfares is <span id="ms-rterangepaste-start"></span><a href="https://www.azleg.gov/ars/13/02906.htm" target="_blank">prohibited under Arizona law</a> and may subject persons engaging in this activity to arrest.</li><li>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. </li><li>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. </li><li>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. </li><li>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. </li><li>An Unlawful Assembly is when a group of people are involved in criminal activity and are posing a danger to themselves or others. If an Unlawful Assembly is declared, everyone must leave. Lawful demonstrators will be given a reasonable amount of time to follow the dispersal order, which includes vacating private property, roadways and sidewalks in the immediate area. </li><li>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.</li><li>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.</li></ul>The Phoenix Police Department is dedicated to continuous improvement. We welcome your feedback on incidents of unprofessional behavior or acts that were helpful. <a href="/police/resources-information/commendations-complaints" target="_blank">Commendations and complaints</a> can be filed online or by calling the police non-emergency number at 602-262-6151. <br><p>Editor's Note: This article was first released on August 27, 2020. It was updated with additional content on November 2, 2020.<br><br></p></html></div> | https://phoenix.gov/police | News | | police | Public Demonstration Guidelines | Police | | | | @PhoenixPolice | Demonstrations, First Amendment | Police Main PIO | | | | | phoenixpd.pio@phoenix.gov | https://www.phoenix.gov/newssite/Lists/MediaContact/Attachments/36/Police2.png | | | | | | | | PhoenixPolice | Phoenix Police Guidelines for Public Demonstrations under the First Amendment |