As the Occupy Wall Street movement has spread from lower Manhattan, protesters have been occupying cities both large and small across the country. A recent ICMA survey shows that most jurisdictions have developed successful relationships with local Occupy movements and have found protests manageable. Nevertheless, the growth of these groups has created a host of new challenges for local government leaders to handle. Many are struggling to balance the need for public health and safety with the occupiers’ right to speech and assembly.
As protesters have shown determination to remain in their camps rain or shine, the challenges to local governments are no longer temporary. Snow has already begun to fall in some cities, raising concerns for what the winter months will bring. In New York, police had to confiscate generators and cans of gasoline, due to the fire risk they posed. Crime and violence are also becoming issues in many campsites. In some cities tensions have escalated quickly when police are involved, as in Oakland, Calif. when the situation at the Occupy site took an unexpected turn for the worst. Similarly, Vancouver has suggested taking a legal injunction to end their Occupy movement after a protester died of a drug overdose while camping out. Even among local governments that have been tolerant and supportive of the movement, patience has been wearing thin. Incidents like these and the determination of some occupations have kept many local police departments busier than usual. In Portland, Ore. a midnight curfew was put in place to try to help empty some of the parks. Ignoring this ordinance, many protesters remained and were willingly arrested. A similar situation in Asheville, N.C. led to the arrest of 24 people who vowed to protest at a particular site for 24 hours, even after being informed of a 10:00pm curfew.
While these protestors were arrested for breaking “time, place, or manner restrictions” on free speech, others face more serious charges. There have been reports of sexual harassment, assault, and even rape on occupy camp ground sites in New York and other cities. In Albuquerque, N.M. a man pulled a knife on protestors he disagreed with. While intentions of many protesters are generally positive, these sites are becoming a microcosm of the cities they occupy, encompassing the good and the bad of society.
The cost of increased police patrol for either misdemeanors or more serious criminal behaviors has cities concerned. In Austin, the first two weeks of the occupation alone cost the city over $100,000 in overtime for police officers. Numbers like this have many cities making tough decisions on how to proceed with this movement whose numbers remain strong. The Eugene, Ore. City Council has voted to revoke the camping exemption they previously approved for the occupiers. Protesters in Providence, R.I. were asked to vacate their camp in 72 hours after receiving a citation for violating multiple ordinances. While some have complied, the city is preparing to take legal action against those remaining in the camp.
Other cities have taken more supportive actions towards the camps. In Murfreesboro City, Tenn., protesters have worked with the city to obtain a parade permit. They were also granted a temporary restraining order from the district court to protect them from arrests. The city and state are trying to work proactively with movement leaders to avoid lawsuits. Similarly, in Santa Rosa, Calif. the occupation campsite was given extra time and protection from arrest.
Residents of cities large and small are taking a stand with the occupy movement, and local governments are struggling to find the appropriate response to these unusual circumstances. You can review some documents and ordinances below that may be helpful when considering responses to an occupy movement in your area.
- The summary of ICMA’s recent survey of hundreds of local governments gives a picture of the responses to the movement across the country, and includes managers’ advice on using patience and common sense.
Also, below are some sample Special Event Ordinances.