MILWAUKEE – The American Civil Liberties Union (ACLU) of Wisconsin today sent a letter to leaders of local, state, and federal law enforcement agencies (LEAs) reminding them of their responsibility to respect the constitutional rights of Republican National Convention demonstrators, calling on them to prioritize de-escalation and limit use of force. They also stressed that public safety and civil liberties are best served when people can protest peacefully without facing a militarized or unnecessary police response.
In the letter, the ACLU lays out a set of principles that law enforcement should adopt to fulfill their dual duties of protecting constitutional rights and maintaining public safety, noting that these objectives are consistent with each other. The letter includes practical recommendations regarding (1) the use of de-escalation and non-escalation, (2) genuine and clear communication with protesters and the public, (3) clear limitations on the use of force, (4) policies against the surveillance of protesters, and (5) adequate and comprehensive training.
“Law enforcement agencies across the country now recognize that their responses to demonstrations play a key role in ensuring peaceful protests and even acts of civil disobedience remain peaceful,” the letter states. “Both de-escalation and non-escalation are essential to maintaining public safety, which is never served when people are harmed, unnecessarily arrested, or lose confidence in law enforcement. Law enforcement operations during mass demonstrations must be designed considering the impact that law enforcement’s presentation, tools, and tactics will have on protesters, bystanders, and the public.”
The letter also makes clear that a disproportionate response by law enforcement meant to overwhelm protesters will escalate tensions,” calling actions like the mass arrest of everyone in a crowd and the kettling of protesters “simply unconstitutional.” Instead, “any police action should be carefully targeted and proportional to address an evidence-based public safety risk,” adding that “riot gear should never be used against peaceful protesters” and describing deployment of crowd control equipment as a last resort reserved only for “when it becomes necessary to defend the life and bodily integrity of protesters, bystanders, or policing officials. " “Weapons such as long-range acoustic devices (sound weapons) and dogs intimidate peaceful protesters and are indiscriminate in their nature,” and thus, should not be used for crowd control purposes.
Similarly, officers must use exceptional restraint when using force during protests, using force only “in response to a clear and imminent danger of violent conduct against a person or persons.” In such cases, “use of force must be legal, strictly necessary, carefully targeted, and proportional”, with law enforcement agencies present at the RNC following uniform rules regarding use of force.
“We hope this reminds law enforcement that they must uphold the Constitution during the Republican National Convention,” said Ryan Cox, legal director of the ACLU of Wisconsin. “They are responsible for de-escalating tensions, and we hope they take that responsibility seriously.
“Law enforcement leaders are not a private security force for convention attendees. Their agencies must act responsibly, equitably, and in a manner that respects the rights of protesters and all people in Milwaukee,” Cox said.
