AGENDA #5c(2)
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
Major Brian Curran, Interim Chief of Police |
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SUBJECT: |
Response to the Elders for Peace Petition |
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DATE: |
April 11, 2007 |
The following information is in response to a petition presented to the Council by Barry and Janie Freeman on February 26, 2007. They requested that the Council provide guidance to the Police Department regarding “the power of arrest in keeping with the Bill of Rights and the freedom of speech.”
On December 15, 2006 the United States Army Recruiting Center located at 1502 East Franklin Street held its grand opening. A group of approximately forty people gathered in front of the recruiting center to protest the opening. Many of the protesters were holding signs displaying anti-war and anti-recruiting messages, and several people engaged in anti-war singing and chanting. The area where the protesters assembled was private property managed by Plaza Associates, Inc.
A representative of Plaza Associates asked the demonstrators to put down their signs and to cease their singing and chanting as a condition for remaining on the property. When most of the crowd did not comply with the request, the property manager asked them to leave the property. Most of the protesters moved to a public sidewalk adjacent to the Plaza Associates property, and continued the protest. Their location on the sidewalk was 20 to 30 yards from the recruiting office with good sight lines to it. Once on the sidewalk their activity was governed by Town Ordinance 11-39.1 (Nuisance Noises) and Town Ordinances 11-53 through 11-61 (Picketing). Those on the sidewalk were largely in compliance with the Town Ordinances.
Several individuals remained on Plaza Associates property and continued to display their signs in front of the recruiting center. The property manager again asked them to either put down their signs or leave the property. Some refused to do either. Chapel Hill Police Officers explained to them that they could be arrested for trespassing if they did not comply with the property manager’s request. Three people indicated that they understood but still refused to comply. Plaza Associate staff requested officers to intervene. Officers witnessed the property manager’s request that they leave or put down their signs, and the protesters’ refusal to do so. Three people were arrested for trespassing on private property.
Three people were arrested for trespassing on private property per North Carolina General Statute 14-159.13. They were not arrested for the content of their speech. We recommend that the Council take no action.