A Los Angeles activist group known as Refuse Fascism, along with the ACLU SoCal, is demanding that the Los Angeles Police Department (LAPD) overturn a recent decision denying them a special event permit for a planned protest on Thursday, July 17.
In a statement issued by Refuse Fascism, the group indicated that they had applied for a special event permit for an artistic human installation entitled “The Disappeared” on July 6. The installation was to be revealed at 5 PM on July 17 at the Federal Building in Downtown Los Angeles.
The LAPD informed Refuse Fascism that they had received permit applications from multiple organizations. However, they stated that the Police Commission—who approves such permits—would not be issuing either protest permits for the 17th. This decision reportedly affected Refuse Fascism as well as other organizations.
Refuse Fascism asserts that over nearly the past decade, the organization has been granted permits for numerous rallies, marches, and events, making this the first time they have ever faced a permit denial.
According to an email from the LAPD’s Special Events Permit Unit, the denial was based on the Los Angeles Department of Transportation’s (LADOT) inability to deploy traffic officers due to a significant city budget crisis. They advised applicants to hold events on sidewalks, in parks, or on private property due to the current limitations on resources.
In their email to Refuse Fascism, the LAPD explained, “The City has declared a fiscal emergency, various city departments have had their budgets severed, and employees may be laid off or furloughed. As such, services will be affected.”
The LAPD encouraged Refuse Fascism to contact LADOT or the Bureau of Street Services to obtain traffic control resources, including officers, cones, and barricades, along with cost estimates.
After contacting LADOT, a representative of Refuse Fascism indicated that the agency was willing to provide barricades and necessary signage for the planned protest. However, when Refuse Fascism returned to the LAPD with this information, they were told that without traffic officers from the DOT for street closure, the Police Commission could not approve a permit for safety and liability reasons.
Refuse Fascism expressed frustration in their statement, highlighting that the LAPD has managed to provide personnel and resources for various government operations, such as those carried out by ICE and DHS, while denying support to demonstrators asserting their constitutional right to protest.
The activist group pointed out, “Yet, the LAPD has declared, due to lack of personnel, resources, and funding, no special event permits will be issued for First Amendment street protests and activities in Los Angeles!” They called for the protection and defense of protesters’ First Amendment rights.
In a letter sent to LAPD Chief Jim McDonnell, Jonathan Markovitz, a staff attorney for the ACLU SoCal, argued that the rationale given for denying the permit seems unconstitutional. He noted that a budget emergency is not a valid justification for obstructing First Amendment activities.
Markovitz wrote, “The Special Events Permit Unit of the Los Angeles Police Department denied this request, citing the fiscal emergency that the city has declared as the basis for its decision. This is not an acceptable reason for refusing to allow the procession/demonstration to take place, as budgetary problems do not absolve the city of the obligation to allow protected First Amendment activity.”
Further, Markovitz claimed that the denial reflected an undefined policy that lacks clear guidelines, which could lead to arbitrary or discriminatory enforcement of rules regarding permits.
The letter makes reference to several court decisions that support these assertions. To preempt any potential litigation consequences, the ACLU SoCal urged the city to reconsider the denial of the permit for Refuse Fascism.
When queried by L.A. TACO about other permits for protests on July 17, LAPD stated that the information could only be obtained from the Police Commission. The LAPD also responded, “We are waiting for the subject matter expert” when pressed for further information.
As of the publication date, the LAPD had not confirmed whether any permits for protests on July 17 had been issued, nor had they publicly addressed Refuse Fascism’s demands.
Despite the denial, Refuse Fascism is moving forward with their plans for the protest on July 17 from 5 PM to 7 PM outside the Downtown Federal Building. Participants will be dressed in all white, enacting stress poses similar to those imposed on immigrant detainees at the CECOT prison in El Salvador.
In an interesting note, the reporter of this story is currently being represented by the ACLU SoCal in an unrelated legal matter concerning the Department of Homeland Security.
image source from:lataco