Charleston defines unlawful protests and demonstrations

In far too many cities across the United States, Americans are outraged by the violence, and intimidation tactics protesters have engaged in over the past few years.  Even more disturbing is the willingness of city leaders to allow the lawlessness to go unprosecuted.  Cities such as Portland, Seattle, Minneapolis, Washington DC, and New York City are prime examples of all that is wrong with how to respond to criminals masquerading as protesters. Once a line is crossed, protesters are no longer exercising their First Amendment rights. They’re breaking laws while depriving other citizens of their rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

Arson, vandalism, looting, destruction of private and public property, assault and battery, manslaughter and murder are not part of protesting. Ironically, the loudest voices condemning the lawlessness that occurred at the U.S. Capitol on January 6, 2021 are the same voices that call riots elsewhere, witnessed across the nation, peaceful protests. These liberal democrats are calling for defunding the police while giving gold medals to Capitol police that failed to hold the line. Lack of leadership and preparedness are two of the many reasons why violence broke out at the Capitol building, and the main reason why the Capitol Police that were on duty failed in their mission to protect the U.S. Capitol.

Some city leaders have recognized the need to establish new regulations that are specific to protests and demonstrations. While all the criminal activity previously mentioned is already against the law, some people have the false conception that if they are protesting, those activities are no longer as illegal, or unlawful at all. When people see other people getting away with it so to speak, they think they can get away with it too. 

No matter what laws are on the books, or new regulations passed, there must be a motivated, properly trained, adequately staffed police department that is supported by the district attorney and city leaders.  Cities like Washington DC and Minneapolis are now trying to hire more police after so many of their law enforcement officers resigned or retired because they were no longer supported in their effort to maintain law, order, and a safe environment for all people in those cities.

Charleston, South Carolina isn’t a conservative city, nor is it overwhelmingly liberal. Once it’s all stirred up, it’s a moderate city that has so much to lose if it becomes a city better known for violence and destruction instead of history and southern charm. May 30, 2020 was the exception. Violence was erupting across the country as a result of the murder of George Floyd in Minneapolis, Minnesota on May 25, 2021. Protests in Charleston remained mostly peaceful until the sun went down. The Charleston Police Department was not prepared for the protesters to turn violent. Such conduct was out of character for today’s Charleston. Burning the American flag, smashing windows of storefronts and vehicles, setting police squad cars on fire, looting, vandalism, and threatening law enforcement all took place in the Holy City to the dismay of the larger community that cherish this city with all of their hearts. The city was caught off guard – but only for one night.

Unlike in many other cities, rioters in Charleston have been arrested, convicted, fined and incarcerated in proportion to their crimes. The citizens of Charleston and business owners made it abundantly clear to the city leadership that such mayhem will never be tolerated in the city. Ever. City leaders were wise to get on the right-side of law and order, which they did fast.

On May 31st the clean up was underway in Charleston. People volunteered their time to sweep up glass and board up storefronts until the glass could be replaced. Charleston Mayor Tecklenburg said it was “a band of thugs who were intent upon civil unrest and looting” and said “those folks will not be allowed to do that again”. The City of Charleston has not been caught off point since that one night in late May 2020. 

To demonstrate how dedicated the Charleston city leaders are to maintaining law and order while protecting the people’s right to protest, on July 29, 2021 the city council passed an ordinance, effective immediately, that defines and regulates protests / demonstrations.

If you live in a city that has had more than enough criminal conduct during protests / demonstrations, and are tired of seeing the destruction of property and businesses, then it’s time to petition your elected officials to vote for or against these types of demonstration regulations that the City of Charleston recently enacted.

Added to Chapter 25 of the Code of the City of Charleston

ARTICLE III. FIRST AMENDMENT DEMONSTRATIONS

DIVISION 3. REGULATIONS AND PENALTIES Sec. 25-52

(1)          It shall be unlawful for demonstrations to disrupt, block, obstruct, or interfere with pedestrian or vehicular traffic or the free passage of pedestrian or vehicular traffic on or into any driveway, sidewalk, public right-of-way, building, pedestrian entrance, stairway, ramp, or other access to buildings, which abut the public sidewalks.

 (2)          It shall be unlawful for a demonstration to occur within fifteen (15) feet from the outermost edge of any monument or memorial, to include fountains, sculptures, plaques, statues, markers, gazebos, objects and other architectural elements or structures with commemorative, historical, symbolic, aesthetic, or artistic significance in order to preserve the intended use of a monument or memorial and to ensure all persons’ use and enjoyment and safe and unimpeded ingress and egress to and from such property.

 (3)          It shall be unlawful for a demonstration to remain stationary in front of or to pass repeatedly by an individual’s residence or dwelling.

 (4)          It shall be unlawful during a demonstration to place any structure, enclosure, tent, tables, chairs, bicycles, motor vehicles, golf carts, mopeds, or other equipment on any city property, or park any bicycles, motor vehicles, golf carts, mopeds or other equipment, except in designated parking spots and except specifically authorized by the permit.

 (5)          It shall be unlawful during a demonstration to remove, deface, damage, or otherwise injure any structure, sign, fence, equipment, improvement, monument or memorial, to include fountains, sculptures, plaques, statues, markers, gazebos, objects and other architectural elements or structures, including hanging, attaching or placing signs, flags, placards or any other object of any kind on such city property.

 (6)          It shall be unlawful during a demonstration to walk, stand, sit, lie, or climb upon any wall, fence, shelter, tree, shrub, or other vegetation, or any structure, monument or memorial, to include fountains, sculptures, plagues, statues, markers, gazebos, objects and other architectural elements not designed or intended for such purposes.

 (7)          It shall be unlawful during a demonstration to damage landscaping, plantings, flowers, trees, shrubs, grass, ground cover or other vegetation located on city property.

(8)          It shall be unlawful during a demonstration to enter onto private property without prior written permission from the property owner.

 (9)          It shall be unlawful during a demonstration to enter onto federal, state, or county property without prior written permission from the applicable governmental agency.

 (10)       It shall be unlawful for any participant of a demonstration to harass or intimidate any bystanders; it shall also be unlawful for any participant to interfere with the movement of non-participants, including ingress and egress to and from any city building, driveway, stairway, ramp, sidewalk, public right-of-way, monument or memorial, to include fountains, sculptures, plaques, statues, markers, gazebos, objects and other architectural elements or structures.

 (11)       Participants of a demonstration shall comply with lawful directions or instructions set forth on any sign posted pursuant to law or by the city for or in connection with the event.

 (12)       Participants of a demonstration shall abide by city park rules if the demonstration is held in a city park and shall not interfere with the intended use of the park or interrupt the reasonable use and enjoyment of the park by non-participants.

 (13)       Participants of a demonstration shall abide by and be subject to all local, state, and federal laws, ordinances, and regulations and any directions given by a law enforcement officer.

Number ten (10) is a standard tactic of individuals that identify themselves as antifa.  Participants of Black Lives Matter protests have also engaged in this type of intimidation, particularly at illegal roadblocks as defined by number one (1).  Much of the unlawful conduct witnessed during the protests of the last few years can be found in this list of thirteen (13) regulations. Cities that have experienced the adverse consequences of allowing protests to become roaming mobs of unchecked criminal activity should immediately consider adopting measures similar to the City of Charleston’s July 29th 2021 ordinance.