Local governments violate Constitutional rights of protesters

by Chuck Hoven

     (Plain Press January 2025) Powerful interests seem to be at work to suppress the First Amendment rights of protesters engaged in bringing attention to Cuyahoga County’s $16 million investment in Israel Bonds that support a government in Israel which Amnesty International says is engaged in a genocide in Gaza.

Protest March

     At a November 24th protest described in another article in this issue of the Plain Press, five protesters were subjected to a premeditated attack on their First Amendment Constitutional rights to freedom of speech, freedom of assembly and their right to petition the government for redress of grievances.

COMMENTARY

     Protesters, who had obtained a proper permit and secured a Cleveland Police escort, marched peacefully from Baltic Children’s Park to County Chief Executive Chris Ronayne’s house on Lake Avenue. When they arrived at Ronayne’s house, the protesters were met by about a dozen Cuyahoga County Sheriff’s deputies guarding the house, as well as members of a Cleveland Police special citywide unit. The Cleveland Police unit promptly pulled five protesters from the group and cited them under Cleveland Ordinance 605.10 for Unnecessary Noise. The officers said the order came from Chief of Police Dorothy Todd. Four of the protesters were cited under the ordinance for use of megaphones and one for playing a drum.

     Protesters also reported that they were under surveillance by a police drone during the protest.

     Teri Wang, a member of the Cleveland Police Commission at the time of the protest, has some serious concerns about the use of drones to monitor protests.

     Wang speaks of the Cleveland Police Commission meeting where drones were discussed, “At the November 20th Community Police Commission meeting, the public and I opposed a secretive police drone policy, championed by Commissioner Piet van Lier and Professor Brian Ray of CSU. The Commission dismissed calls for public dialogue and a thorough revision, passing a policy still riddled with language ripe for Constitutional abuse. While we succeeded in removing provisions that clearly targeted protestors, dangerous and exploitable language remains. I cast the lone dissenting vote.”

     Wang then notes her concerns of the use of drones to monitor protesters marching to County Executive Chris Ronayne’s house on November 24th. She says, “By November 24th, the policy’s true purpose became evident. Police deployed a drone to surveil citizens protesting the county’s $16 million purchase of Israeli war bonds. Chief Dorothy Todd claimed the drone was launched for ‘training’ purposes, yet five protestors received noise violations amid a heavily militarized response, including dozens of officers, a circling helicopter, and an unblinking surveillance camera. This excessive and calculated use of force by Cleveland police underscores the urgent need for clear limits on state power to protect the community’s right to protest and assemble free from intimidation.”

County Council

     Another instance of rights violations occurred at the Cuyahoga County Council meeting on December 3rd, when protesters seeking disinvestment from Israel Bonds again found little regard was given to their First Amendment rights. Paper signs were posted on the Cuyahoga County Council doors saying no signs were allowed in the chambers (a policy that Cleveland City Council once adhered to but ended when challenged on Constitution grounds).

     Many of the protesters urging Cuyahoga County to divest from Israel Bonds were watching the proceedings on a large screen just outside of the County Council Chamber because the Council Chamber was full. When the public comments concluded and County Council went into executive session, the protesters began to chant slogans such as “Israel Bonds, Ronayne pays, how many kids have you killed today?”

     About fifteen Sheriff’s deputies came out from the County Council Chambers and tried to push the crowd toward the elevators demanding that they get on the elevators and leave the building. About seventy protesters were pushed toward the elevators. The elevators in the building are slow and the pushing continued without many people being able to exit. The protesters finally convinced the Sheriff’s deputies to let them go out by another exit. The deputies lined up and ushered the crowd out the back exit and then flowed them out of the building pushing their bodies against the stragglers.

     This action by the Sheriff’s deputies is another example of suppression of First Amendment right to freedom of assembly. Those in attendance at a public meeting in a public building should have been allowed to stay and chant to their heart’s content while addressing their grievances to the Cuyahoga County government.

     It is a shame that our local officials and institutions have so little regard for Constitutional rights. Other sanctions inflicted on those protesting the Israeli government’s actions in Gaza include students being suspended from Case Western Reserve University, loss of employment, and a person being banned from testifying at County Council meetings. It is sad that these mostly young protesters are having such a negative experience concerning the exercise of their Constitutional rights.

     The City of Cleveland and Cuyahoga County should apologize to the protesters for violating their Constitutional rights and drop the charges they have issued to those exercising their rights to freedom of speech, freedom of assembly and freedom to petition the government for redress of grievances. Any fines, or court costs incurred by protesters for their lawful actions should be reimbursed. Our City and County governments should practice enforcing and protecting Constitutional rights and not be in the business of violating those rights enshrined in our Federal Constitution.

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