Right to Peaceful Assembly &
Use of Force Restrictions
By Elissa-Beth Gross
George Floyd’s death occurred while he was in police custody, this on the heels of Ahmaud Arbery’s untimely death. Most law enforcement officials and civilians are searching for a peaceful and equitable way forward, and to address racial divide. The trail left by a civilized people is evidenced in our written social, religious, political, legal and ethical code. This very code underpins our collective conscious and serves to remind us where we want to, and ought to go.
When discussing protest from the Incident Management perspective, indeed citizens have the right to peacefully assemble, protected by the First Amendment of the U.S. Constitution. Citizens should also feel confident that public sector officials will hear their concerns, and that what they voice will result in a swift and meaningful response. People deserve to know how decisions are made, and who specifically is accountable.
If possible, prior to public demonstrations, authorities should consider if it’s necessary to set physical and/or time boundaries for such gatherings, and whether security detail well-trained in crowd control is required. The right to non-violent dissent and peaceful protest should be publicized, and permitted, to allow pent up frustration to safely defuse. Complying with local guidelines, even potential curfews, however, is the moral responsibility of those who protest.
In terms of use of force policy, law enforcement and security personnel should be compliant with the United Nation’s “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”. Procedures should always be clearly specified for use of force, as well as non-violent restraint, violence de-escalation and conflict resolution. Officials should provide transparency with respect to how exactly victims, aggressors, and bystanders can legally be removed from violent crowds or congested areas. Every officer should have extensive education, and training regarding the limitations governing authorities having jurisdiction (AHJ) when it comes to carrying out investigations and enforcing code. Many opportunities must be provided to allow officers to practice their communication skills. Programs should ensure complete understanding of what it means to provide a “trauma-informed” response. The human rights of complainants and suspects should always be protected.
Communities should expect law enforcement to be culturally sensitive, non-discriminatory and representative of the population served. The thresholds for law enforcement, and the maintenance of law and order are defined by the stepped use of force model. Officers should be very familiar with the model, and know when to use police discretion -- police don’t always have to arrest. Policing policy, and procedure for lethal and non-lethal weapon use, weapons concealment, and code enforcement should be publicly disclosed and fully transparent. Standards of accountability must be connected to use-of-force, including for thorough, and accurate documentation of incident-related evidence. Where there’s confrontation, an after-action analysis should be conducted, particularly when physical contact occurred during line of duty. A report should be produced with any recommended corrective actions to take. In all fairness, insights obtained during hot wash meetings should be entered into law enforcement policy or code, and practiced from that point forward.
Taking such steps advances human rights and equality under the law.