Legal Coalition Says Chicago Police Must Protect Protest Rights at Democratic Convention

Chicago's history of "unrestrained and indiscriminate police violence" toward anti-war protesters over recent decades—including during the Democratic National Convention of 1968—is on the minds of peace advocates and legal experts planning demonstrations for this year's DNC, kicking off next week, against U.S. support for Israel's assault on the Gaza Strip.

"We are a collective of progressive local and national legal organizations, attorneys, and legal workers writing to express our grave concerns about recent actions of the Chicago Police Department (CPD) and city of Chicago to stop protestors from demonstrating at the upcoming Democratic Convention," one coalition wrote in a letter made public Friday.

"We do not want a repeat of the violence and violations committed by the CPD during the Democratic National Convention of 1968, the anti-Iraq war protest on March 20, 2003, the 2012 NATO summit, and throughout the 2020 summer of demonstrations in support [of] Black lives," the coalition wrote to Superintendent of Police Larry Snelling and Mayor Brandon Johnson.

The coalition—made up of more than a dozen groups and over 50 individuals—noted that "CPD's protest-related civil rights violations are not just historical fact; they are the present reality. During the last eight months, CPD officers have targeted people protesting for a cease-fire and justice in Palestine with violence, verbal harassment, and unnecessary arrests."

"People have a right to exercise their First Amendment rights to speech and assembly, including rallying, marching, and demonstrating," the letter stresses. "We are calling on you to respect and honor those cherished, sacrosanct rights."

The letter specifically expresses concern about "recent intimidating comments made by Superintendent Snelling about arresting peaceful protestors"; "revisions the CPD made to its mass arrest policy were publicly released on August 8"; "Corporation Counsel's efforts to punish pro-Palestinian demonstrators in pursuing convictions for misdemeanors for mere ordinance violations for obstructing traffic"; and "CPD's communication of contradictory information regarding where people will be jailed and how family members and loved ones will be able to locate them."

WBEZreported Friday that "protest marches are planned for the first, third, and final days of the DNC, which runs from August 19 through August 22. They're focused on a myriad of issues—housing, education, policing, but the cause expected to draw most protesters is the ongoing conflict in Gaza."

As WBEZ detailed:

As the start of the convention draws near, organizers are still advocating to make space for more protesters to get their messages heard. Hatem Abudayyeh, spokesman for the Coalition to March on the DNC, a pro-Palestinian group, is continuing to push for the city to extend the route from one mile to more than two miles in length for Monday and Thursday's protests to accommodate as many demonstrators as possible.

"We've got 150 organizations that have joined the coalition from across the country. We expect to have tens of thousands of people in the streets," Abudayyeh said. "One mile is not going to be enough for everybody to be able to practice their First Amendment rights and to be able to protest the DNC."

The new letter emphasizes that "despite the CPD and city's efforts, people will demonstrate during the DNC. We urge you to follow CPD's policies by a) allowing demonstrations in public thoroughfares; b) using the least intrusive enforcement action consistent with public safety including refraining from issuing dispersal orders and/or engaging in arrests unless all other reasonably available options for restoring public safety have been exhausted; c) in the event a dispersal order is required, providing protesters with ample opportunities to leave and instructions on how those assembled can do so."

"Should enforcement action be necessary, CPD must follow its policies and state law to ensure that officers cite and release people suspected of minor offenses from the field, as opposed to arresting individuals and holding them for hours," the letter continues. "It is cruel, unnecessary, and a waste of our taxpayer money to detain protestors for hours and possibly days."

The coalition—which includes the ACLU of Illinois, First Defense Legal Aid, Law for Black Lives, Palestine Legal, and the Chicago and Loyola University Chicago chapters of the National Lawyers Guild—also warned that "we as a legal community are organized and prepared to ensure that protestors' rights are honored and respected."

"If necessary, we will hold the CPD and other law enforcement agencies accountable should they eviscerate people's constitutional rights," the letter concludes. "Please do not force us to do so."