The Atlanta Lawyer October/November 2020 Vol. 19, No. 3 | Page 21

How To Protest : A ( very ) Basic Guide Safety First Proper Preparation Promotes Peak Protest is the pithy saying summarizing a very important point . Protests are where nuns and grandparents are arrested , so it could happen to anyone . Bring the proper satchel and ensure it has the necessaries . Pack snacks , water , sunscreen , 24-48 hours of medication ( in its original container ), spares and batteries . Be sure you bring spending money and some emergency cash . Make sure someone at home has bail money . You need a few masks as well as items that may ameliorate chemical irritants if it starts getting sporty . Bring items such as face shields , saline rinse , a medpack , healing potions , baby wipes , etc . And DO NOT WEAR YOUR CONTACTS TO A PROTEST . Seriously . Once they come out you are not going to get more . Blind in Jail ensures the experience is even worse .
Check in / Safety Plan You need to stay in touch with your local safety group of immediate protestors as well as check in with your home base . It is best to have a backup rendezvous spot or three , which of course can change during the action . You can choose to rally with folks using a variety of public and private messaging options to provide security in numbers or , if preferred , a smaller group of accountability partners can be more nimble in their ability to regroup elsewhere . Regardless , caring for the people who are concerned with you by being in touch is the right thing to do because the “ I called every jail and they wouldn ' t tell me anything ” story may be trite but it still gives your loved ones a heart attack .
Why am I going to get arrested ? The tone and action plan of the protest directly links to the likelihood that you will interface with a State actor . As Captain of your ship , if you fail to follow the lawful orders of law enforcement you are choosing to get arrested in most protest encounters . Not leaving and not stopping are the two most common lawful orders that lead to arrest when disregarded , with Stop Resisting being a close third . The intimate juncture of applying custodial detention is also rarely the time to discuss the lawfulness of orders with officers , as they triage public safety and order over public education . If you are seen in possession of offensive or defensive weapons , that is probable cause for the officers to investigate and increases your arrest probabilities . If a riot or other public disturbance is declared , anyone staying is going to be subject to arrest . IF you are detained or arrested , the officer is doing their job and it is not personal . Resisting arrest will add more charges , playing possum by going limp is less aggravating and is the preferred method for peaceful disruption by many veteran protesters .
Nobody Knows The Trouble I ’ ve Seen ... If you end up incarcerated from protest actions the most common result is a brief incarceration with release within 48 hours on a low or signature bond . Many times the cases will be disposed of in a municipal court with little or no serious consequence ( fine , credit for time served , diversion programming , dismissals , etc ), however allegations of property destruction , assault , and weapons possession commonly flow from aggressive demonstrations and those matters will require a lawyer to effectively defend or mitigate . Each jurisdiction has different policies and it is up to the protestor to recognize the law enforcement demeanor of their chosen location . In Georgia , even the most basic misdemeanors include the possibility of up to one year incarceration as well as a fine , so no one should approach these arrests casually . There is also likely video from law enforcement of officer actions , so you are going to be on camera and will have to deal with those repercussions .
Plan Ahead As much fun spontaneous shenanigans are , let ' s face it ; embracing a spot on the leading edge of whatever your position entails will include a higher than average frequency of negative externalities compared to more mundane pursuits . History is filled with peace turned violent exemplars and this is no different . Having a plan and sharing that plan is necessary , regardless of your role . Informing your support universe about what you intend to do and where ( along with ensuring who has bail money ) as well as writing key information on your skin ( such as phone numbers and all the ways they can contact your lawyer ( say me , for example ) are smart choices . Few individuals are going to need a lawyer , but more on that later .
This is also the time to ensure your communications are up to snuff and connected to all the people you are virtue signaling . Charged batteries , chargers , earphones , any other tech items could be helpful so bring them . The packing list also includes cameras and filming accessories , which are some of the most powerful tools protestors carry . Media incites positive behaviors while capturing evidence of wrongdoing on all sides . Do not bring a giant sack of batteries , however , it looks bad and can be hard to explain .
A Reminder You are not a member of # ThePress unless you have some sort of bona fide habit or practice of media distribution . Citizen Journalists are key actors in healthy public discourse although identifying yourself and your mission will come well after you are detained .
Dress for the Occasion The magic of jail includes a guarantee of being inexorably cold or hot , with little in-between , no matter the season . Layers ( like lawyers ) are a must . Besides skin care considerations , protests often involved unplanned weatherrelated factors for which mitigation is appreciated . A light but sturdy outer layer is a must and a spare is common . Heat and cold concerns include chaffing , along with liquid retention problems ( soggy = bad ), and you arguably either want to be highly identifiable as a protestor or the complete opposite . Do not wear jewelry and , for that matter , never protest with heirlooms or items of significant material value .
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