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By Neal Lemery
Public protests, civil disobedience, and local police arrest procedures were the hot topics of a recent community gathering in Manzanita. Citizens filled St. Catherine’s Episcopal Church on August 27 to hear a panel discussion and engage in a lively question and answer session on the issues.
Protests of the Trump Administration policies were fueled by the arrest and deportation of a well-respected local resident this summer, raising questions about immigration law and procedures, ways to peacefully protest federal actions, and Oregon’s sanctuary law.
The audience heard from retired judges Ed Jones and Neal Lemery, as well as local volunteer organizer Vivi Tallman, of the Shoulder2Shoulder group. The gathering was organized after numerous people asked questions about the law and how to protest peacefully.
“It is a sign of the community’s frustration with routine politics that we are here to talk about civil disobedience,” Ed Jones said. “Our goals are to understand background behind these arrests and to come to some thoughtful conclusions about whether civil disobedience would be a just and useful response to the unfair harassment our community is being subjected to.”
Civil disobedience is an intentional nonviolent refusal to obey certain laws, regulations, or commands that are unjust. It is not disorder, and it is not violence. It is a way for ordinary people to contest injustice and to demand change.
“Civil disobedience has a long history. We may think of Gandhi and Rosa Parks first, but people across the political spectrum, anti-war and anti-choice, tax resisters and draft resisters, have all engaged in civil disobedience. Results have been mixed. Subjecting yourself to the criminal justice system is not a decision to take lightly,” Jones said.
There are three basic motivations for civil disobedience:
- To make a clear personal statement of protest.
- To slow the process and reduce the impact of an unfair law or policy.
- To inspire others to resist.
A person has the power to break the law, but you do not have a right to do so.
The typical protest charge is Criminal Trespass, used when protesters refuse to leave property after being lawfully ordered to do so. Criminal Trespass is a C misdemeanor, up to 30 days in jail.
Another law, Disorderly Conduct, has one applicable section stating that a person creates a risk of or causes public inconvenience, annoyance, or alarm by hindering vehicle or pedestrian traffic on a public way This is a Class B misdemeanor with a six month jail term.
Resisting Arrest . “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody. This is a Class A misdemeanor with up to a year in jail.
It is no defense to a prosecution under this section that the peace officer lacked legal authority to make the arrest, provided the officer was acting under color of official authority.
While a police officer may use reasonable physical force to make an arrest, he or she cannot use more force than is necessary to restrain a person and prevent escape. A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the use of physical force is necessary to make a lawful arrest.
Interfering With A Police Officer. A person commits this crime if the person, knowing that another person is a peace officer, acts in a manner that prevents, or attempts to prevent, the peace officer from performing the lawful duties of the officer with regards to another person or a criminal investigation. This is also a Class A misdemeanor. But this law does not apply in situations in which the person is engaging in passive resistance.
Oregon’s Sanctuary Law does not permit local and state police officers or jails to assist federal immigration authorities in immigration situations.
Neal Lemery outlined the role of a police officer and local arrest procedures. The officer seeks to calm a situation and often will issue a warning or a citation to appear in court. If an arrest is warranted, the person is handcuffed and taken to jail. Jail staff follows a sophisticated matrix to determine if they can be released pending a court date. If they are held in custody, the district attorney’s office, court staff and a judge reviews all relevant information, applying a “probable cause” standard. Charges can be dismissed, additional investigation is requested, or the person is held for arraignment on the next business day.
Tallman pointed out that civil resistance is another category of actions that does not involve disobeying laws. Nationally and locally we have many examples. For instance, the weekly Saturday protests on Hwy 101, postcard writing campaigns, running for local boards and offices, economic boycotts, and learning more about being an ally or witness to ICE activity. A “Whistle While You Watch” program was discussed, with whistles handed out to the audience. A person witnessing a concerning situation could blow their whistle to gain attention and encourage bystanders to be witnesses.
Tallman noted that additional community workshops are being planned to discuss immigration processes, community support for targeted communities, and possible actions for protests and potential reforms.