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Protest Lawyering: Theory and Practice Friday, February 22, 2013; 9:00 AM to 5:00 PM

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Protest Lawyering: Theory and Practice Friday, February 22, 2013; 9:00 AM to 5:00 PM E TUT I PROTEST LAWYERING: THEORY AND PRACTICE ST Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY N presented on Friday, February 22, 2013. P ROGR A M C O - S P O N SOR NYCLA’s Civil Rights & Liberties Committee P ROGR A M C O -C H ai RS : Louis Crespo, Special Referee, Sup. Ct., NY County Samuel B. Cohen, Stecklow Cohen & Thompson NYCLA-CLE I 8 TRANSITIONAL & NON-TRANSITIONAL MCLE CREDITS: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 8 Transitional & Non-Transitional credit hours: 3 Ethics; 2 Skills; 3 PP This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 8 hours of total CLE credit. Of these, 3 qualify as hours of credit for Ethics/Professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. Information Regarding CLE Credits and Certification Protest Lawyering: Theory and Practice Friday, February 22, 2013; 9:00 AM to 5:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Protest Lawyering: Theory and Practice Friday, February 22, 2013 9:00AM – 5:00 PM Program Co-sponsor: NYCLA’s Civil Rights & Liberties Committee Program Co-Chairs: Louis Crespo, Special Referee, Sup. Ct., NY County and Samuel B. Cohen, Stecklow Cohen & Thompson Faculty: Samuel Cohen, Stecklow Cohen & Thompson; Alan Levine, LatinoJustice PRLDEF; Meghan Maurus, New York Law Collective; David Rankin, Rankin & Taylor; Paula Segal, 596Acres.org; Norman Siegel, Siegel Teitelbaum & Evans LLP; Michael L. Spiegel, Esq.; Wylie Stecklow, Stecklow Cohen & Thompson; AGENDA 8:30AM – 9:00AM Registration 9:00AM – 11:05AM Morning Session 1: Right to Engage in Peaceful Protest Activity Right to Distribute Material/Public Press Conference/Amplification Right Protest & Reasonable Limitation 11:05 AM – 11:15 AM BREAK 11:15 AM – 12:40 PM Morning Session 2: Applicable Federal, State, and Municipal Statutes, Codes and Regulations Federal and State Case Interpretation Ethics: Attorney/Client and Non-Permit Protest/Confidentiality vs Disclosure 12:40PM – 1:15PM Lunch (On Your Own) 1:15PM – 3:20PM Afternoon Session 1: Common Protest Related Criminal Charges Utilizing Common Evidentiary Resources 3:20PM – 3:30PM BREAK 3:30PM – 4:45 PM Afternoon Session 2: Ethics: Rights, Duties and Accountability Legal Observer and Protest Lawyer Models 4:45 PM – 5:30 PM Networking Reception New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Protest Lawyering: Theory and Practice Friday, February 22, 2013 9:00AM – 5:00 PM Program Co-sponsor: NYCLA’s Civil Rights & Liberties Committee Program Co-Chairs: Louis Crespo, Special Referee, Sup. Ct., NY County and Samuel B. Cohen, Stecklow Cohen & Thompson Faculty: Samuel Cohen, Stecklow Cohen & Thompson; Alan Levine, LatinoJustice PRLDEF; Meghan Maurus, New York Law Collective; David Rankin, Rankin & Taylor; Paula Segal, 596Acres.org; Norman Siegel, Siegel Teitelbaum & Evans LLP; Michael L. Spiegel, Esq.; Wylie Stecklow, Stecklow Cohen & Thompson; Table of Contents Morning Sessions -- Right to Protest and Knowing Your Rights Sound Device Permit Application NYC Zoning Resolution NYC Charter, Code, Amendments & Rules, Title 10, Chapter 1, Public Safety People v. Nixson Dinler v. City of New York Shuttlesworth v. City of Birmingham, Ala Application for Parade Permit Evans v. Newton New York v. Beck New York City, N.Y., Code § 10-110 N.Y. Comp. Codes R. & Regs. tit. 9, § 300-1.2, Title 9. Metropolitan Council, Inc. v. Safir NYPD Legal Guidelines for Republican National Convention 2004 Federal Special Permit – National Park Service, NY Sample Afternoon Sessions: Common Protest Related Criminal Charges; Common Evidentiary Resources; Legal Observer and Protest Lawyer Models New York v. Nunez New York v. Nunez, Amicus Brief in Support of Motion to DismissMEMORANDUM OF LAW New York v. Nunez, Exhibits to Amicus Brief Citywide Privately Owned Public Space, Current Public Plaza Standards Ethics Materials Within Each Lawyer’s Conscious a Touchstone: Law, Morality, and Attorney Civil Disobedience, by Robert M. Palumbos, 153 University of Pennsylvania Law Review 1053 Lawyering for Social Change, Karen L. Loewy, 27 Fordham Urban Law Journal 1869 PROTEST LAWYERING: Theory and Practice FEBRUARY 22, 2013 COURSE OUTLINE Morning Session 1: Primer: Intro., Right to Protest / Knowing Your Rights I. Right to engage in peaceful protest activity (demonstration/rallies/march) A. Public Areas 1. sidewalks, parks, and streets a) regulations, or lack thereof, of sidewalks and streets: do you need a permit to demonstrate? b) Parade Permit c) Parks Assembly/Event Permit. B. POPs 1. What is a POPS space? a) Privately Owned Public Space b) POPS Designations c) Lack of clear 1st amendment positioning II. Right distribute material/public press conference/amplification A. handbills/leaflets 1. relevant guidelines and rules B. press conferences 1. on streets 2. in parks 3. amplified sound C. public mic., 1. Amplified sound permit 2. People’s Microphone III. Right Protest & Reasonable Limitation A. content / speech B. time and place C. permit/license Morning Session 2: Permitting IV. Applicable Fed., State and Municipal Statutes, Codes, Regulations A. Federal Property / Law, Regs., and Rules B. State Property / Laws, Regs., and Rules C. Municipal Property / Regs, and Rules V. Federal & States Cases Interp., Applicable Fed., State and Municipal Statutes, Codes, Regulations VI. Ethics: Attorney/Client & Non-Permit Protest / Confidentiality v Disclosure Afternoon Session 1 VII. Common protest related criminal charges A. Elements of common protest charges B. Practice tips for defending protesters- bail to jail 1. Tracking arrestees through the system 2. Arraignment 3. Mass defense coordination 4. Liaising with prosecutors 5. Motion practice 6. Dispositions and counseling re: dispositions VIII. Utilizing common evidentiary resources A. Brief recap on introducing media evidence, i.e., videos, photos and recordings B. Best practices for witness statements C. Best practices for collecting recordings 1. Demand for preservation of ambient recordings (security videos, etc.) 2. TARU video 3. Internet resources 4. Livestream video Afternoon Session 2Ethics: –Rights, Duties, Obligations and Accountability A. When intervention on behalf of protesters is permissible B. When intervention with protesters is required C. Disclosure of interest/affiliation under various models D. Disclosure of interest-Civil litigation E. Lawyering in the context of civil disobedience X. Legal Observer and Protest Lawyer Models A. NLG legal observer model (fact finding) B. Retained counsel for organization model C. Counsel at large model Morning Sessions -- Right to Protest and Knowing Your Rights Sound Device Permit Application NYC Zoning Resolution NYC Charter, Code, Amendments & Rules, Title 10, Chapter 1, Public Safety People v. Nixson Dinler v. City of New York Shuttlesworth v. City of Birmingham, Ala Application for Parade Permit Evans v. Newton New York v. Beck New York City, N.Y., Code § 10-110 N.Y. Comp. Codes R. & Regs. tit. 9, § 300-1.2, Title 9. Metropolitan Council, Inc. v. Safir NYPD Legal Guidelines for Republican National Convention 2004 Federal Special Permit – National Park Service, NY Sample SOUND DEVICE APPLICATION Precinct __________________________________ PD 656-041A (Rev. 09-07) Approval Date __________________________________ NOTINSTRUCTIONS A PERMIT 1. This is an application, NOT a sound device permit. 2. All answers must be either typewritten or printed in ink. 3. File application in the precinct where the device is to be used. 4. File application at least five days before the day of the event. Exceptions to this requirement are listed below. 5. A fee of $45 for the first day’s use of the permit will be required upon approval of the application and receipt of the sound device permit.
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