The reason I wrote this post today is to make sure everyone remembers a very important fact. Protesting is not a privilege. It’s the right of every American and it’s protected by the First Amendment. Of course we all have to protest responsibly. Getz & Braverman does not condone or encourage violent or illegal actions. Riots, looting, and instigating violence are the wrong ways to achieve the justice and change we all want.
It’s been a little more than a week since we saw the video of George Floyd’s murder. Protests that started in Minneapolis have spread across the nation. Along with the protests are more and more reports of over-the-top policing. Reporters being attacked. People being tear-gassed. Innocent protestors shot with rubber bullets. Medic stations destroyed. All at the hands of the police.
When I see scenes like this, I can’t help but think about the Civil Rights movements of the 1960s. It brings up what I saw as a young child on television of Martin Luther King, Jr. and being taught in school about the bravery of Rosa Parks on a bus. These protests we’re seeing over George Floyd bring up these and other important moments of our country’s past.
This also brings up memories of police spraying protestors with fire hoses. Dogs being set on American citizens. Brutal beatings. It brings to mind assassinations and deaths. We can never forget that Americans put their lives on the line for justice. And some of them lost their lives. Protests have been a necessary part of America’s growth. But they have also been violent and sometimes deadly.
How to Safely Protest
As a law firm, we never condone any sort of violence. We strongly discourage anyone from violence, looting, and rioting. But we do believe in the power of making voices heard in a peaceful, responsible way. When the status quo is unjust, sometimes peaceful protesting is the answer.
What is our current status quo? Police having ultimate authority over every American citizen. Personal rights being trampled. Law enforcement ignoring constitutional rights. Police using deadly force to subdue people who aren’t a danger. Laws that make it easy for police to target whoever they want, whenever they want. That’s why much of America supports peaceful George Floyd protests.
Are you going to join the protests? Many are scheduled around the country this week and over the weekend. I applaud everyone who chooses to stand up against police brutality and racism. But I want to make sure you know how to protect yourself. The ACLU and other national organizations have been providing a lot of good information and I wanted to add my perspective as a civil rights attorney.
22 Ways To Protect Yourself When Attending a Protest:
- Make a plan before you go. What time are you arriving, what time will you leave. Will public transportation be available if you leave late at night? Plan out your entire day. Make an escape plan in case it gets dangerous.
- Go as a team. Go with friends. When you go as a group, you can support and watch out for each other. But don’t bring children. It’s not safe for them. They can easily get trampled or injured in a number of ways. Plan a meeting point for your group in case you’re separated. Make a pact to not leave the protest area until everyone is accounted for.
- Somewhere on your body, write your attorney’s phone number in permanent marker. Or write the number of a friend or relative that can post bail or call an attorney. If you get arrested, you’re only allowed to make local or collect calls. Your backpack and phone may be lost, stolen, or confiscated. Be prepared.
- If you’re protesting in New York City, whether it’s the Bronx, Brooklyn, Queens, or Manhattan you can keep my number and call me anytime day or night. I’m always available but during these protests I’m on high alert and ready to help at a moment’s notice. My number is Mike Braverman: 718-993-3000. If you’re calling from jail you can call me collect.
- Wear comfortable and protective clothing, long sleeves, pants, and walking shoes. Preferably trainers that have shoelaces. Slip-ons can come off in a frenzy. Protests usually involve a lot of walking, standing, and possibly running. You want to make sure you’re not in flip flops or something that will be painful. Protests are long and your feet will start to hurt after awhile. Long sleeves and pants can protect your skin from pepper spray and tear gas. If you have space, consider a change of clothes.
- Bring a backpack to keep all your items in. Use a large ziplock bag for anything you need to dispose of. At the end of the day, use it to pack your trash out. It leaves a negative impression when protestors don’t take responsibility for their personal garbage.
- Bring water with you. Lots of it. Heat stroke is a real possibility this time of year. Plus you may need it to flush your eyes. Supplies could be offered by organizations or other protestors, but as we saw in Asheville, police were stabbing water bottles and destroying medical supplies.
- Bring snacks. High-density bars are best because they contain a lot of calories without much weight. There may be some food at the protest, but it’s better to be prepared. It could be a long day and you’ll need energy.
- Don’t forget to bring hand wipes, hand sanitizer, an extra ziplock bag, bandaids, antiseptic, spare mask, asthma inhaler, epipen, or other basics. Some of these protest crowds have been huge and it could take awhile to get medical help if you need it.
- Wear sunscreen and bring extra. Wear a hat. Protect yourself from the sun. You may not have access to shade for long periods of time. Nearby businesses most likely will be closed so you won’t have the option to duck into a building.
- Bring an extra battery pack for your mobile phone. Put your phone into a sturdy case. If you’re told to put your hands up and drop what’s in your hand, it could protect your phone from damage.
- Record what’s happening. Record the protests, the speeches. Capture what the police are doing, and your interactions with them. It’s your right. Police are not allowed to delete data from your device for any reason, but that doesn’t mean it won’t happen.
- Make sure your phone is set for real-time upload of your photos and video to the cloud. That way, you’ll be able to access the photos and video in case your phone is destroyed, stolen, or confiscated. Check out this seriously good list from Lifehacker on how to prepare your phone for a protest.
- Don’t take important items with you. Don’t wear valuable or dangling jewelry. Take off the smart watch. Consider giving your keys to a friend or family member who isn’t at the protest. If you get arrested, you may lose your items. You’ll need a way to get back into your home or car if your keys are lost.
- Wear a mask! Bring a back-up. It’s still a global pandemic. Masks are important for your health and the health of others. Our economy doesn’t need another wave of outbreaks. Masks also help protect you from the practice of doxxing. Some groups have been known to expose the identity of protestors in an effort to harm their lives or businesses. Masking can anonymize you so your identity is less likely to go public.
- To protect from tear gas, make sure you’re not wearing makeup or contacts. Tear gas can stick to make-up and get under contacts. If possible, wear goggles or other eye protection. Don’t take the goggles off if tear gas has been deployed nearby. If you do get hit with tear gas, get out of the area quickly and flush your eyes with water. While many sources have popularized the use of milk to treat the effects of tear gas, milk is only proven effective against pepper spray. Water is just as effective when it comes to tear gas. If you have asthma or COPD, be aware that tear gas can be deadly.
- Follow an organized leader if possible. Ask what you can do to help if the opportunity arises. There are many organizations participating and if you seek out the leaders, they may have signs and can help your voice be more effective. They are the ones who are prepared to talk to police and discuss how to protest safely. Listen when they tell you not to do something. Some organizers have walkie talkies and can be aware of violent outbreaks before you will. They may be able to lead you to safety if necessary.
- Don’t bring weapons. No knives, no guns. Nothing. If an area or activity looks dangerous, get away as quickly as you can. Don’t engage. Even if you’re only bringing a small item to protect yourself it can be leveraged to make you look like a looter. On that note, don’t bring anything that looks like a weapon.
- Try to keep things as peaceful as possible. Don’t encourage protests to turn into a game of chicken against police. Don’t lock arms and walk toward police. It may feel like an act of solidarity, but it can be seen as an attack when it’s a wall of a thousand protestors vs. 20 police officers. If police tell you not to go somewhere, don’t test them. It may be for your safety. Even if it’s not fair. Even if you don’t think police should be restricting your movement. In New Orleans a group was tear gassed because they ignored police who told them not to cross a bridge. Physically challenging the police detracts from the message and can be turned into an “unruly mob” narrative. Be careful to not engage in an activity that could be used by police or the media to make your protest group appear combative, violent, or dangerous.
- If you notice anyone encouraging the crowd into questionable behavior, be aware that it could be an effort to derail a peaceful protest or create a diversion for looting. Or someone who simply isn’t thinking about the consequences. Don’t join an activity that isn’t peaceful or doesn’t seem like a smart idea. Move away from that group so you’re not caught in the middle if it becomes violent.
- If you get stopped by police, ask if you are free to go. If the officer says yes, calmly walk away. Always remember that you do have the right to record. If you get arrested, do not resist. Be quiet. Don’t grab for your phone. Don’t put your phone in your pocket. Do everything you’re told for the best chance of not getting hurt or becoming a victim of police brutality. Ask to speak to your attorney and give me a call.
- If you’re injured at a protest as a result of law enforcement actions, get the name and contact info of any nearby witnesses. Ask them to send related video or photos to you. If you’re going to the hospital, ask a friend to stay behind and try to gain access to helpful videos. Document the events as they happened, including the time and location. Take photos and video of your injuries. Get the name of the hospital and doctors treating you. You may have a strong case and documentation will help your attorney.
Stay safe out there!
Just remember, we civil rights attorneys are here to protect your rights. We chose this area of the law because it’s very important to us. Let us help you if you need it. When you call me it’s always a free consultation so don’t be worried about making the call. 718-993-3000. Even if you’re not sure you have a case. I’m always here to talk and we’ll figure it out together.