Friday, October 31st, 2014

Buck-O-Meter

Balance rights of citizens to protest at Republican National Convention while keeping downtown safe


During a March 8, 2011, televised debate, Bob Buckhorn was asked how he would balance the rights of citizens to protest during the Republican National Convention with his responsibilities to keep downtown Tampa functioning and safe. He responded: “People who want to express themselves need to be given an opportunity. For me, it’s a very fundamental premise: you break the law, you’re going to jail. Absent that, you’re entitled to say whatever you want to say within reason. But we will conduct ourselves accordingly. Our police department will conduct themselves accordingly. I want to make sure that when the entire world is watching Tampa, Fla. that we stand up and we are proud of this city and that we behave accordingly.”


Sources:

March 8, 2011, mayoral debate sponsored by the Tampa Bay Times and Bay News 9

Updates

Police show overwhelming force but use cooperative approach

As a candidate, Tampa Mayor Bob Buckhorn pledged that the city would support the First Amendment rights of protesters during the Republican National Convention.

"People who want to express themselves need to be given an opportunity,” Buckhorn said during a televised debate sponsored by the Tampa Bay Times and Bay News 9 on March 8, 2011.

The question was, as mayor, how would he balance the rights of citizens to protest during the convention with his responsibilities to keep downtown Tampa functioning and safe?

"You break the law, you're going to jail,” candidate Buckhorn said, foreshadowing a warning he would give again and again as mayor. "Absent that, you're entitled to say whatever you want to say within reason.”

Planning for the convention was already well underway when Buckhorn made his promise. After taking office on April 1, 2011, Buckhorn and police consistently said their responsibility was to keep the city safe while protecting the ability of peaceful demonstrators to march.

Security inside the convention, which took place Aug. 27-30, 2012, at the Tampa Bay Times Forum, was controlled and paid for by the Secret Service. But federal officials also closed many streets in the southern part of downtown, including the Lee Roy Selmon Expressway and the Platt and Brorein street bridges, and those closures shaped the city's security plan, too.

Like Charlotte, N.C., the host of the Democratic National Convention, Tampa received a $50 million federal grant to pay for security outside the convention. Tampa spent the federal money on personnel (including more than 3,500 officers on temporary duty from other Florida agencies), plus improved radios, surveillance cameras, body armor, summer-weight cotton uniforms, vehicles, bicycles and fences for some government buildings.

The city also established an Event Zone covering downtown, the University of Tampa's campus, Ybor City and the northern part of Harbour Island. Inside that zone, the city banned certain items that could be used as weapons. It also established an official parade route and a total of 7 acres of designated protest areas.

To facilitate protests, city officials took reservations for blocks of time on the parade route, in city parks and in the protest area, which included a stage and a microphone. They budgeted $115,000, which did not come from the federal security grant, to provide demonstrators with drinking water and access to about 600 portable toilets. They also worked with the Hillsborough County Health Department to bring in misting stations so protesters could cool off.

In training officers to work the convention, police and Hillsborough County sheriff's officials said they put particular emphasis on the need to protect the First Amendment rights of demonstrators and journalists.

Toward this end, police worked with the American Civil Liberties Union of Florida and put some tips from the ACLU on a map of downtown that the city handed out to protesters. Top police commanders and city attorneys met repeatedly with a lead organizer of a major protest. Police also received training on working with journalists from Mickey H. Osterreicher, the general counsel for the National Press Photographers Association.

Going into the convention, police estimated they might see 15,000 or more protesters.

Instead, with Tropical Storm Isaac threatening the bay area, the total number of protesters for the week was maybe 2,000, according to Tampa Police Chief Jane Castor.

Protests were peaceful, and police said they worked to defuse potential confrontation by finding out what protesters wanted, and, if it didn't hurt anyone, letting them do it.

On Aug. 27, for example, an unpermitted march led to a sit-down at the intersection of Tampa Street and Kennedy Boulevard.

In response, police brought up officers in riot gear, but kept those troops standing by so news photographers could take photos of demonstrators. Eventually, Tampa police Assistant Chief John Bennett knelt down on one knee and asked protesters to move to the sidewalk so he could open the street. Just as the skies opened in a drenching rainstorm, protesters left peacefully.

Similarly, authorities struck a deal with protesters who chained themselves together for several hours on the last day of the convention at the entrance to the TECO Big Bend Power Station: If officers freed them and they left peacefully, there would be no arrests.

At the end of the week, authorities had made just two RNC-related arrests -- one of a man who carried a machete onto the official parade route the day before the convention and one of a protester who refused to remove a bandana. (Masks were allowed on the parade route and in the designated protest areas, but not in other parts of the city's Event Zone.) Beyond some graffiti, there was no reported property damage. No officers were hurt, and police didn't use tear gas, pepper spray, batons or bean-bag projectiles in dealing with protesters.

Michael E. Pheneger, the president of the American Civil Liberties Union of Florida, said he spent the week watching protests and that in every case but one, the demonstrations ended up going some place the city didn't anticipate.

Pheneger praised the city for having senior officials -- including Castor, Bennett and City Attorney James Shimberg Jr. -- on the scene of the protests, for making decisions that avoided confrontation, for training officers to be friendly and communicative, and generally for "being flexible under the circumstances.”

Pheneger said demonstrators deserve credit, too, and that local officials got lucky.

"I don't know that anybody can complain that they were not allowed to get their message out,” Pheneger said. "The police pretty much let them go the directions they wanted to go and facilitated it.”

Even some protesters said the police surprised them -- in a good way. "I thank Tampa Bay for keeping a level head," said William G. Estrella, an Occupy Wall Street protester from New York, after the peaceful resolution to the sit-down at Tampa Street and Kennedy Boulevard.

But not everyone felt that security presence was proportional to the need.

With police on virtually every corner, downtown Tampa was safe. But the state and federal courthouses, the Fred B. Karl County Center, Old City Hall and main downtown library all closed for the convention. Heavy steel fences surrounded some of those buildings, with law enforcement officers or National Guard troops standing guard. Some restaurants closest to the heavy security complained they lost business the week of the convention.

And one protest leader contended that while protests were peaceful, "scare tactics were used by the mayor's office to prevent people from coming out.”

In the months leading up to the convention, "they militarized the police force, and they geared up for war,” said Jared Hamil, a leading organizer of the March on the RNC, which had expected 5,000 marchers but saw only a fraction of that number. Local officials turned Tampa into a "police state,” he said, creating an atmosphere that was "the opposite of inviting.”

Still, when asked whether protesters who were on the ground during the RNC had a chance to express themselves, Hamil said, "Yes,” though he added that downtown Tampa looked like one big cage during the convention.

In an interview on Sept. 11, 2012, Buckhorn said he meant for the message to be clear and consistent that they were not going to tolerate criminal behavior, but he said officials distinguished between "those who were just coming to protest versus those who were coming to break the law.”

"I wanted that message to get out to the entire world, that if you're coming here and you intend to break the law, we're going to be ready for you and we're going to deal with you, and we're not messing around” he said. "I'm not going to sacrifice this city and our police officers and put them at risk to a bunch of folks whose only cause was destruction.”

As a candidate, Buckhorn said that during the Republican National Convention "people who want to express themselves need to be given an opportunity.” Tampa's RNC security plan created inconvenience for downtown residents and businesses, but the city worked to create a safe, predictable environment for protests, to meet the physical needs of demonstrators and to work with protesters even when they marched onto streets that were not closed to traffic. As a result, demonstrators who came to Tampa for the RNC had the chance to express themselves. We rate this as a Promise Kept.

Sources:

March 8, 2011 mayoral debate sponsored by the Tampa Bay Times and Bay News 9

City of Tampa web page, Republican National Convention Information, accessed Sept. 10, 2012

City of Tampa web page, tampagov.net/rnc, accessed Sept. 11, 2012

Tampa Bay Times, "Security spending for the 2012 Republican National convention,” accessed Sept. 11, 2012

Tampa Bay Times, "Tampa to provide RNC protesters with water, toilets and cooling misters,” Aug. 1, 2012, accessed Sept. 10, 2012

Tampa Bay Times, "Law enforcement trains to stay calm during RNC,” Aug. 14, 2012, accessed Sept. 11, 2012

Tampa Bay Times, "Tampa police, ACLU team up on tips for RNC protesters,” Aug. 19, 2012, accessed Sept. 10, 2012

Tampa Bay Times, "Republican convention more bust than boom for downtown Tampa restaurants,” Aug. 29, 2011, accessed Sept. 10, 2012

Tampa Bay Times, "Protesters as surprised as anyone at anemic RNC showing,” Aug. 30, 2012, accessed Sept. 10, 2012

Tampa Bay Times,"Downtown residents share streets and airspace with the RNC,” Aug. 30, 2012, accessed Sept. 10, 2012

Tampa Bay Times, "RNC protesters get moment of disruption at TECO power plant,” Aug. 31, 2012, accessed Sept. 10, 2012

Tampa Bay Times, "Tampa residents, business owners question officials in aftermath of RNC,” Sept. 7, 2012, accessed Sept. 10, 2012

News conference with Mayor Bob Buckhorn and Police Chief Jane Castor, Aug. 31, 2012

Telephone interview with Michael E. Pheneger, Aug. 31, 2012

Telephone interview with Mickey H. Osterreicher, Aug. 31, 2012

Telephone interview with Jared Hamil, Sept. 10, 2012

Interview with Mayor Bob Buckhorn, Sept. 11, 2012

Convention security plan proposed, would set limits on protests

The Republican National Convention could draw up to 15,000 protesters to Tampa from Aug. 27-30, and the city's plan for those demonstrations has been a concern to civil libertarians since before Bob Buckhorn was elected.

At a debate sponsored by the Tampa Bay Times and Bay News 9, Buckhorn was asked how he would balance the rights of citizens to protest during the convention with his responsibilities as mayor to keep downtown Tampa functioning and safe.

"People who want to express themselves need to be given an opportunity,” Buckhorn replied "For me, it's a very fundamental premise: you break the law, you're going to jail. Absent that, you're entitled to say whatever you want to say within reason.”

On March 28, 2012, Buckhorn's administration unveiled a set of proposed protest rules for the convention that reveal more of the city's thinking about how to strike this balance.

Here's the essence of the plan: Facilitate protests in a controlled area near the convention site. Allow parades and rallies in other parts of downtown, too, but require organizers to get permits and set a one-hour time limit. Enact temporary rules to ramp up security in and around downtown.

Buckhorn wants to create the protest zone near the Tampa Bay Times Forum, the site of the convention, though the exact location of the zone has not been identified yet. It would be open 24 hours a day, probably would be fenced, and protesters would be screened to make sure they don't have weapons. But it could also have water, portable toilets and access to a stage and microphone.

And while protesters couldn't camp out there, they could stay and demonstrate as long as they pleased.

Outside the protest zone, which the city is calling a "public viewing area,” it would be a different story.

The city would allow groups of more than 50 to march only on an official parade route and rally only at city parks. And to do so, they would need a city permit. Finally, no parade or rally outside the protest zone could last longer than 60 minutes.

The city also is looking at creating a "Clean Zone” covering downtown, Ybor City, the Channel District, parts of some nearby neighborhoods, plus Harbour Island and Davis Islands. Inside that zone, a variety of items that could be used as weapons would be banned.

Buckhorn said police are training intensely to be ready for trouble without over-reacting.

"It's a high-wire act,” he said. "Will we do everything right? Probably not, but it won't be because we haven't trained and practiced and because we don't go at this with the best of intentions.”

Buckhorn said during the campaign that "people who want to express themselves need to be given an opportunity.” His proposals for doing that are written into an ordinance that's scheduled to go to the Tampa City Council for the first of two votes on April 5. A lawyer for the American Civil Liberties Union attorney said the ACLU will address the proposed rules then. There also will be more public discussion on this as the convention approaches and more planning and preparation. Finally, the most important proof of what happens on this promise will take place on the ground in late August.

If ever anything was In the Works, this is it.

Sources:

March 8, 2011 mayoral debate sponsored by the Tampa Bay Times and Bay News 9

Mayor Bob Buckhorn interview on Feb. 28, 2012

Conference call interview with City Attorney Jim Shimberg Jr. and Assistant City Attorney Mauricio Rodriguez, March 28, 2012

Interview with John Dingfelder, senior staff attorney for the mid-Florida office of the American Civil Liberties Union, March 28, 2012

City of Tampa news release, March 28, 2012

Tampa Bay Times, "Tampa proposes limits on RNC protests,” March 29, 2012