The Onward March of the Police State: Now at the Local
Level
The Onward March of the
Police State: Now at the Local Level
Statement from The
Rutherford Institute Regarding Government Lockdown of Charlottesville in
Advance of Aug. 12 Anniversary
CHARLOTTESVILLE, Va. —
While it is appropriate that the government and the public work together to
ensure that the tragedies of August 12, 2017, are not repeated, locking down
the community and enacting measures tantamount to martial law without any
credible evidence warranting such extreme measures is not an acceptable
solution.
In the absence of any publicized information about credible threats to public
safety surrounding the upcoming one-year anniversary of the events of August
12, The Rutherford Institute has grave concerns about 1) the City of
Charlottesville’s decision to enact severe lockdown security measures in
advance of the upcoming one-year anniversary of the August 12 events, 2) the
process that resulted in the adoption of such measures, and 3) the impact they
will have on the civil liberties of the residents of the community.
These measures not only
directly limit the public’s freedom, but do so indirectly by imposing a
chilling effect upon civil liberties. Moreover, these draconian police state
measures are presumptuous in their expectation of civil unrest, intentionally
alarming, and utterly lacking in transparency.
A declared state of
emergency: By declaring a “state of emergency” and enacting heightened
security measures for August 10 through 12, without providing any specific
information as to credible threats that might warrant such extreme actions, the
City has cast a shroud around the area that makes it akin to a community under
martial law.
Massive police presence: The City has provided no credible justification
to the public for the massive influx of police and national guard into the area
for those days, reported to be more than 1,000 in number. Barring any credible
threat, this overwhelming law enforcement and military presence is
unnecessarily intimidating and may deter citizens from lawfully exercising
their First Amendment rights to expression and assembly, while also
contributing to heightened tensions.
Restricted security
area: While the City has stated its desire to respect citizens’ rights to
freedom of speech and to peacefully assemble, the lockdown measures being
enacted (restricting access to the Downtown Mall, establishing police
checkpoints, limiting movement, prohibiting certain items and articles of
clothing) appear to contradict the City’s stated commitment, while sending
mixed messages about the City’s objectives. Under the Constitution, public
places such as those deemed a “security area” are presumptively open to
citizens to exercise their rights of expression and the freedom to come and go
as they please, yet the measures planned by the City will significantly limit
those rights.
Lack of
transparency: The process by which these measures have been implemented
has been wholly lacking in transparency and has increased citizen unease. The
City has at no time disclosed it has information which would warrant the
drastic measures it has taken. Government officials have actually noted in
public information that no events have been granted permits for the downtown
parks for August 10 through 12. The extreme steps of imposing a state of
emergency and establishing a “security area” only leave the public to guess at
whether these are preemptive measures or are based on information giving City
officials true cause for concern that violence may erupt.
Recommendations
It is our hope and expectation that in carrying out their duties to protect
civil liberties, ensure safety of the community, and maintain law and order in
relation to this upcoming August 12 anniversary, the government and its agents
will:
1. Inform the public about their plans and any credible threats to public
safety.
2. Ensure that police are trained in how to respect civil liberties.
3. Ensure that police are meaningfully trained in how to deal with or
de-escalate potential violence.
4. Employ de-escalation tactics or establish clear barriers between warring
factions of protesters (if any make an appearance).
5. Protect public safety and instill public faith in the government.
This press release and a PDF copy of The Rutherford Institute’s statement is
also available at www.rutherford.org.
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