Federal judges tosses ’5 second rule’ being used to police Ferguson protests

[Cha]

Source: Washington Post

By Wesley Lowery October 6 at 6:30 PM 

In the first formal blow to the policing tactics being used in Ferguson, Mo., a federal judge ruled Monday that the “5 second rule” — a policy being enforced by some officers that required protesters to be moving at all times during demonstrations or be subject to arrest — was unconstitutional and violated the protesters’ First Amendment rights.

“The practice of requiring peaceful demonstrators and others to walk, rather than stand still, violates the constitution,” U.S. District Court Judge Catherine Perry wrote in the ruling — which clarifies that police are still free to use any number of other tactics to manage the crowds that have gathered to protest each night since the Aug. 9 shooting of Michael Brown. “This injunction prevents only the enforcement of an ad hoc rule developed for the Ferguson protests that directed police officers, if they felt like it, to order peaceful, law-abiding protesters to keep moving rather than standing still.”

From the early days of the protests — which have fluctuated from dozens to hundreds on some night, primarily to call for the arrest of Darren Wilson, the officer who shot and killed Brown — police have used varying tactics to manage the crowds. In mid-August, some officers began instructing demonstrators of a new, so-called “five-second rule,” under which protesters were instructed that they must remain moving at all times and that they could not remain still for more than five seconds. Legal observers sent by national organizations quickly decried the rule, and protest leaders insisted that it was an attempt to undermine their right to demonstrate.

“Vague rules that are applied in a haphazard fashion tend to increase community tension,” said Tony Rothert, legal director of the ACLU of Missouri. “Judge Perry’s injunction is a huge win for peaceful protesters and those who believe in the rule of law.”


Read more: http://www.washingtonpost.com/news/post-nation/wp/2014/10/06/federal-judges-tosses-5-second-rule-being-used-to-police-ferguson-protests/

---

This is my first LBN.. but, I don't see this posted and thought it was Important.

Good on the ACLU challenging the policy on constitutional grounds.. even though the "top law enforcement officials continue to insist that they never formally instructed officers to carry out such a policy. IOW, it was the product of everyone else's imagination.

[Cha]

1. Well, I'm gonna Kick this then! Good news!

[GGJohn]

2. Great news.

That 5 second rule was clearly unconstitutional and the judge got it right.

[Cha]

4. And, Tony Rothert of ACLU Missouri was right on with this statement, GGJohn..

“Vague rules that are applied in a haphazard fashion tend to increase community tension,” said Tony Rothert, legal director of the ACLU of Missouri. “Judge Perry’s injunction is a huge win for peaceful protesters and those who believe in the rule of law.”

The lawsuit was filed August 18, 2014..

snip//

"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13."

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police

[SoapBox]

3. Cool!

[Cha]

5. Right before this, Soapbox.. :)

snip//

"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13."

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police

[freshwest]

6. The 5-second rule is outrageous. Ferguson PD is batshit crazy.

[Cha]

9. Was Outrageous and of course they're denying they ever did it. Who are we going to believe? Them

or our "lying eyes"?

And, just in time for this, fresh..

snip//

"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13."

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police

[freshwest]

12. And I hope everyone of thoes protestors will be registered to clean up the state house in Missouri.

You know, the GOP state house that overruled the Democratic governor and put Rush's bust in the same Hall of Fame with real Americans... They need to go already!

[Cha]

16. "Rush bust in the same Hall of Fame with real Americans".. Yes, drugged out lying scumbags in the

GOP Hall of Fame.. perfect, fresh!

GOTV2014-Ferguson, MO! Michael Brown

[dixiegrrrrl]

34. DU post yesterday said 3,000 voter new registrations in Ferguson.

So they are using the situation to empower lots of people.

Maybe similar towns be asking crucial questions...hope so.

[cui bono]

7. k n r

[Orrex]

8. I thought this was going to be about dropping food on the floor

Turns out it's much better. Brava to her honor!

[sheshe2]

10. Thank you Cha!

Brava!

Legal observers sent by national organizations quickly decried the rule, and protest leaders insisted that it was an attempt to undermine their right to demonstrate.

Ya think!!!!!???

May the Justice Department find justice for Michael. I thank U.S. District Court Judge Catherine Perry for her ruling.

Stop cutting off their voices, they have every right to be heard.

[Cha]

15. "Ya think!!!???" is right, she.. Trying to wield power over them like they were errant children

and they didn't have a right to peacefully protest standing in the same place.

Just in time..

snip//

"The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13."

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police

Michael Brown

[sheshe2]

21. Wield their power? They sure as hell did.

Every step of the way! Used and abused their power to shut the people of Ferguson up!

Bottom line Darren Wilson shot Michael Brown in cold blood. There is no doubt in my mind, Cha. None!

Thank you to District Judge Catherine Perry for letting the protests continue!

[burrowowl]

11. K&R

[davidpdx]

13. I'm glad about the ruling and I'm sure in the future it will stop abuse

It's just too bad that the cops got away with it when they did. They pretty much put a choke hold on Anderson Cooper on camera. That's how little they care about what they are seen doing.

[Cha]

17. Yes, may the Ferguson, MOPD be held accountable for all their past actions involving abuse

of power. thank you, david.

[davidpdx]

18. Are you planning a big party for your 150,000th post?

LOL

Should we get the drinks out and buy you a lampshade to wear when you dance on the table?

[Cha]

20. Oh dear, countdown! I think this OP is "150,000" posts enough celebration.. mahalo

for the reminder. I saw it the other day and then forgot about it.

[davidpdx]

22. Oh no it isn't

That's it, I'm throwing ya a party!

[Cha]

23. No, really.. this is my party!

One more to go!

[freshwest]

31. Get going, the gang is all there waiting! And kudos to Ferguson!!!!

[Cha]

33. LOL.. I got busy with a phone call. :)

[tblue37]

49. You hit the 150,000 mark 48 posts ago! nt

[tblue37]

48. Too late. 150,048 is 48 *past* the 150, 000 mark. nt

[davidpdx]

61. I posted it when he was at 149,999

[Cha]

62. ..

Yes you did, david.. and you threw me a at 7:27pm and I posted my 150,000 to mimi at 7:28pm it turns out.

http://www.democraticunderground.com/?com=view_post&forum=1014&pid=912100

So it's all good. Glad we got that straightened out. Rofl!

Mahalo.. it was quite the fun extemporaneous bash. We use to do that sort of thing all the time during the bush coup.. but now not so much.

[sheshe2]

14. Hell yes!

Missouri state police were barred by a federal judge from arresting or threatening to arrest demonstrators peacefully protesting the shooting death of an unarmed black teenager by a white police officer in August.

The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13.

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police



Thank you Cha!

[Cha]

19. Thank you, she, for adding the first important paragraph from the Business Week aritcle!

"Missouri state police were barred by a federal judge from arresting or threatening to arrest demonstrators peacefully protesting the shooting death of an unarmed black teenager by a white police officer in August."

Michael Brown

[mimi85]

24. Excellent! Good one Cha!

[Cha]

25. Hey mimi, Como estas, mi amiga!

[mimi85]

26. Muy bien, gracias!

[Psephos]

27. Excellent. Kick. n/t

[gopiscrap]

28. Fucking asshole pigs

no wonder just about everybody hates cops!

[Cha]

29. Tweet pic.. amazing & brave women on the front lines, fighting for justice in #ferguson..

Melissa @1740testore
Follow
This pic of the amazing & brave women on the front lines, fighting for justice in #ferguson, should be EVERYWHERE!

5:21 PM - 3 Oct 2014 Olivette, MO, United States 296 Retweets 215 favorites

http://theobamadiary.com/2014/10/06/a-tweet-or-two-108/

[freshwest]

30. Better Check Your Inbox!!!!

[Cha]

32. Mahalo for the heads up, fresh.. :)

[Judi Lynn]

58. They are brave, daring to protest publicly when their cops are murderous dirtbags. Thanks, Cha! n/t

[BumRushDaShow]

35. K&R

And congrats on that first, but very important LBN post!

[Cha]

36. Mahalo BRDS! It might be

my last.. but, had to get this great news out here. Good for Ferguson, MO.. Good for America!

[BumRushDaShow]

37. Let's hope

not. We need all the good news that we can get from everyone who cares. Definitely helps to change the mood!

[Feral Child]

38. Very important decision.

Thanks for posting it.


REC

[Cha]

39. Agree, Feral Child.

[Feral Child]

40. Backatcha!

[jwirr]

41. I am glad about this ruling. But "directed police officers, if they felt like it" disturbs me. The

problem all along has been how the police feel. Their attitudes have been a big part of the problem.

[PeoViejo]

42. Preparing for War in Ferguson

http://land-of-propaganda.tumblr.com/post/99083556873/there-is-a-war-coming-in-ferguson-10-03-2014

[cosmicone]

43. Such unprofessional force Ferguson has

Did they have a major recruitment drive in Wasilla?

[Gothmog]

44. The first of many court rulings against the City of Ferguson

This city is going to lose a number of these rulings

[Cha]

53. And, just in time for time this, Gothmog...

"Missouri state police were barred by a federal judge from arresting or threatening to arrest demonstrators peacefully protesting the shooting death of an unarmed black teenager by a white police officer in August.

The ruling today by U.S. District Judge Catherine Perry in St. Louis, in a lawsuit filed Aug. 18, comes just days before an event being billed by its organizers as a “weekend of resistance,” from Oct. 10 to Oct. 13."

http://www.businessweek.com/news/2014-10-06/ferguson-shooting-protesters-win-order-limiting-police

[Gothmog]

54. There will be a number of rulings against the city and the police before the litigation is finished

[Cha]

55. That is excellent news.. deservedly so.

[Gothmog]

57. That is the same ruling as in the OP

The five second rule never made sense to me

[valerief]

45. Well, that took long enough to decide! nt

[csziggy]

46. Walter was right! "We have a constitutional right to rest when we get tired."

"We have a constitutional right to rest when we get tired."

DU thread with this video at the time: http://www.democraticunderground.com/10025414590

[tblue37]

50. Furthermore, older people and handicapped people also have a right to

protest, even if they are not able to keep walking nonstop for hours!

That 5-second rule would have denied me the right to protest if I had been able to get to Ferguson! I use a cane and cannot stand or walk for more than a few minutes at a time.

[csziggy]

51. Exactly - and that is what Walter was yelling about

He'd stopped to take a breather and the police surrounding him were trying to force him to move on.

Even if I had taken my scooter, it would have limited how long I could demonstrate since the batteries only hold so much juice. That is not right!

In an interview I saw with some older protestors in Ferguson, one said they thought the police were doing this to wear out the protestors and to keep them from demonstrating sday and night. It's been weeks so I don't remember which cable news I saw that on, but I was sure they were right.

Thanks to the courts for instructing the Ferguson police to stop this practice!

[tblue37]

52. I loved the chant some of the young protesters used:

"We're young, we're strong--we're marching all night long!" They simply refused to knuckle under to those fascist cop tactics.

[Cha]

60. Thank you, csziggy!

[logosoco]

47. How pathetic that the ACLU even has to remind cops that people have rights.

Isn't part of the cops job reminding people of their rights when they are arresting someone? Guess it is just words they mumble.

[Cha]

59. Ferguson MOPD is apparently one fucked up force.

[blkmusclmachine]

56. "5 second rule" ... more Police State BS!!!

[ailsagirl]

63. KICK