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";s:4:"text";s:12844:"The presence of hecklers or counter-demonstrators is not, by itself, enough to justify an order to disperse the crowd or arrest the speakers. Changes to the Land Use code can occur on an irregular basis and may affect the requirements necessary for your project. The type of street use permit depends on the type and extent of the improvements required. Apply for Public Assembly Demonstration Permit; Protests or demonstrations on public property or rights-of-way that may have 50 or more participants require a Picketing Notice to CMPD (this is NOT a permit, only a notification to ensure the City has adequate police resources are available) N.C. Gen. Stat. [5]State v. The street improvement requirements vary by location, by land use zones, and by street types to reflect the intensity of development, the scale and character of the zone, and to provide a balance between the need to accommodate public transportation and utility infrastructure in a manner compatible with existing neighborhood character. [1] You should check your local ordinances for specific requirements if you are planning a large event that will block vehicle or pedestrian traffic. Washington laws that are most often used against demonstrators include: Even if the charges are dropped, you will still have gone through the hassle of being detained, and the arrest will remain on your criminal record. It shall not be permitted within the five-year period following its installation, except in the following circumstances: 1.3 Other Policy Standards and Guidelines, 1.4 Departmental Roles and Responsibilities, Neighborhood Greenways and Trail/Shared Use Path Crossings, 4.2 City of Seattle Environmental Review and Approvals, 4.3 County, State and Federal Permits and Approvals, Construction Inspection and Testing Procedures, Demolition and Grading During Construction, Excavation, Shoring, and Safety Systems During Construction, Street and Sidewalk Right of Way Opening and Restoration Rule, 4.8 Other Street Right-of-Way Improvement Activities, Overview of Requirements from the Land Use Code, Seattle Department of Transportation (SDOT), Seattle Department of Construction and Inspections (SDCI), Seattle Department of Parks and Recreation (SPR), Seattle Department of Neighborhoods (DON), Right-of-Way Vacation Requirements and Procedures, Full and Reduced Improvement requirements, Emergency repairs that could not have been anticipated or that are necessary for the protection of the public’s health and safety, New or revised service connections that have been requested by a utility customer, Work necessary to ensure continued service delivery to an agency’s customers, Work for which SDOT’s denial of a permit would violate local, state, or federal law. This section of Streets Illustrated provides a high-level overview of typical permits that may be needed for work in the street right-of-way. There are special rules that apply to initiative petition signature-gathering at shopping malls and other stores; see the separate Guide on this topic. Use it. Individuals should keep a reasonable distance from police and take care to not actually interfere with police activities while recording. 1990) (“asshole”); Marttila v. City of Lynchburg, 33 Va. App. These organizations could use your help right now. The Seattle Department of Construction & Inspections determines the required right-of-way improvements and the Department of Transportation reviews and permits the construction of those right-of-way improvements through the Street Improvement Permitting Process. Solely expressive activity, such as march, rally, demonstration, or other activity 2. If you march without a permit and block traffic while refusing an order from police to get out of the street, you could be arrested or detained. Apply for a permit from the parks agency well in advance of the event. If you intentionally block traffic as an act of civil disobedience, you could face criminal charges. 700 5th Avenue, Suite 5752, Seattle, WA, 98104 You must give your name and address but don’t say anything else. Don’t discuss your case with the police without consulting your attorney. Right-of-way improvement requirements for private development can be triggered through several different review processes. Generally speaking, you are free to exercise your right to protest, but the government may impose restrictions if you are infringing on the rights or safety of others. Courts have upheld this constitutional protection in many circumstances, and for many different offensive words and statements. Not usually. Examples: protest march, religious procession, picket. People can, however, usually leaflet or gather signatures in a public place nearby outside the special event area. games, arts and crafts activities, reunions, birthday parties, or participatory dances); competition/contests (e.g. 88694-6, 2015 WL 3915760 (Wash. June 25, 2015). Different kinds of government property are treated differently. The government may impose reasonable restrictions on the time, place and manner of speech, but these restrictions cannot be based on the content of the speech. 2005). For Mixed Free Speech Events, administrative fees are charged for the portion of the event related to non-expressive activity.See Special Event Permit Fees section of this handbook for more information. Free speech rights are the greatest in government-owned properties that are traditionally open to public expression and assembly such as sidewalks, streets, and parks. 2006) (internal quotations omitted). Discretionary improvements When right–of-way improvements are required, a street use permit is required for those improvements. 2014); White v. City of Norwalk, 900 F.2d 1421 (9th Cir. The application may be waived for Mixed Free Speech Events at the discretion of the Special Events Committee.Administrative fees are waived for Free Speech Events. Free Speech Event 1. Yes, but… many cities require permits if a march will block traffic; the rules for obtaining permits and enforcement of permit requirements vary by jurisdiction. Expressive activity, such as march, rally, demonstration, or other activity 2. However, if they want to set up a table or booth, they would be subject to all the same rules and fees as others who set up similar tables/booths at the event. For example, when a candidate for public office falsely described her opponent’s vote on a particular issue, a court ruling found that to be protected speech. For example, speech may be restricted if it is exceedingly loud in a residential area at 2am. In general, there is a five-year moratorium on opening new pavement, as disrupting new pavement reduces the life and quality of this public asset. Generally, the Constitution protects everyone’s right to express their views, even if those views are very unpopular. Ask for an attorney. The government is not allowed to require permits for protesting, leafletting, or signature-gathering on public sidewalks when these activities don’t hinder traffic, create a risk to public safety, or compete with others’ uses beyond the ordinary use of the space. False political speech is constitutionally protected because the courts have found that the government cannot police truth and falsity in political debate. The First Amendment grants individuals the freedom to verbally criticize police actions. The government is not allowed to require permits for protesting, leafletting, or signature-gathering on public sidewalks when these activities don’t hinder traffic, create a risk to public safety, or compete with others’ uses beyond the ordinary use of the space. There are also a few other categories of speech that constitute a crime (for example, false statements under oath which constitute the crime of perjury), but those kinds of speech are unlikely to arise in a protest situation. [6]Collins v. Jordan, 110 F.3d 1363, 1367 (9th Cir. People also cannot interfere with permitted event such as performances, plays, concerts, or other programs held in parks or on public property. Can the government restrict where, when, and how protests may take place? The government may impose a nominal permit fee to cover administrative expenses of processing a permit application and/or expenses related to the event. SDOT’s Development Review team coordinates SDOT input on the Construction and Master Use Permit process, as well as State Environmental Protection Act (SEPA), Environmental Impact Statement (EIS), and transportation impact analyses (TIA) processes. E.J.J., No. Seattle protester hit by car on closed highway dies, second remains in serious condition, officials say The two women were part of a group protesting police brutality The courts have recognized an exception to permit ordinances for “breaking news.” In a situation where breaking news causes activists to protest in response, the rules for permits (such as requiring application for a permit a certain number of days prior to the protest) may not apply. The courts have invalidated laws that require obtaining insurance or paying indemnification as a condition of obtaining the permit when the amount of insurance demanded is not narrowly tailored, not content neutral, or leaves too much discretion to government officials. There are many court cases debating how to define those terms, and the legal definition changes over time. Right-of-Way Vacation Requirements and Procedures 4. There could be. Yes. Some of the more common ways that street improvements are triggered are: 1. 88694-6, 2015 WL 3915760 (Wash. June 25, 2015) (“motherfucker”). Contact the Special Events Office if you have questions about free speech activity at your event. recreation (e.g. [2] Norse v. City of Santa Cruz, 629 F.3d 966, 976 (9th Cir. This guide covers the legal protections you have while protesting or otherwise exercising your free speech rights in public places. A temporary Certificate of Occupancy may be issued prior to completion of street improvements when approved by the Director of Transportation. Remember, if you disobey an order you believe is unconstitutional, you may still be arrested and charged (even if the officer is wrong). 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