A Los Angeles activist group and the ACLU SoCal are demanding that the Los Angeles Police Department reverse a decision to deny the group a special event permit for a protest planned on Thursday, July 17.
In a statement, Refuse Fascism announced that they had applied for a special event permit for an “artistic, human installation” called “The Disappeared” on July 6. The installation was planned to be revealed at 5 PM on July 17 outside the Federal Building in Downtown Los Angeles.
The group says that the LAPD informed them that they received permit applications from “a number of organizations,” but that the Police Commission, the civilian board of directors for the LAPD that signs off on permits, will not be issuing special event permits for protests on the 17th.
“Not to Refuse Fascism, nor to other organizations,” Refuse Fascism stated.
Over a nearly ten-year period, Refuse Fascism says they’ve been granted permits for “dozens of rallies, marches, and stationary events.” This is the first time they have ever been denied a permit, the group said.
In an email sent to Refuse Fascism, the LAPD’s Special Events Permit Unit stated that they could not issue a permit to the group because, due to the city’s budget crisis, the L.A. Department of Transportation (LADOT) is currently unable to deploy traffic officers.
"We are directing applicants to have their events on a sidewalk, park, or on private property as the Department of Transportation cannot support events because of the budget crisis,” the department said in an email reviewed by L.A. TACO.
“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 wrote.
The LAPD advised Refuse Fascism to contact LADOT and/or the Bureau of Street Services to “obtain traffic officers/traffic cones/barricades and accompanying cost estimates.”
“When you obtain pre-authorization from LA DOT to support your event, please resubmit your permit with pre-authorization to support the event. Applications will not be processed until DOT pre-authorization occurs,” the department told Refuse Fascism.
Afterwards, a representative of Refuse Fascism reached out to LADOT directly, a spokesperson confirmed. During a phone conversation, the agency reportedly agreed to supply “barricades” and “signage” for the protest, according to a representative from Refuse Fascism.
When Refuse Fascism circled back with LAPD and explained this, the LAPD Special Events Permit Unit told them that “Without DOT traffic officers providing traffic control, the Police Commission cannot approve a street closure permit for public safety and liability.”
“The LAPD has provided personnel and resources, alongside the National Guard and Marines, when ICE and DHS carry out illegal and unconstitutional raids across Los Angeles, terrorizing and kidnapping immigrants, while suppressing people asserting their First Amendment right to protest (including targeting those who document these illegitimate activities by masked ICE and DHS agents),” Refuse Fascism said in their statement.
“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!”
“This cannot stand,” the group says. “We demand protesters’ First Amendment rights be defended and protected.
Colin Sweeney, a spokesperson for LADOT, told L.A. TACO in a written statement, “LAPD has the authority to close streets without LADOT support, and LADOT has not received a request to support LAPD at a 1st amendment permit on this date.”
In a demand letter sent to Los Angeles Police Chief Jim McDonnell, Jonathan Markovitz, a staff attorney for the ACLU SoCal, said that the reasoning given for denying Refuse Fascism’s permit “appears to be unconstitutional.”
“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,” Markovitz wrote. “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.”
“The permit denial also appears to be unconstitutional because it was made pursuant to an unwritten and unclear policy that provides no guidelines that would prevent arbitrary and discriminatory enforcement,” Markovitz continued.
In their letter, Markovitz cited multiple court decisions.
“For these reasons, and to avoid exposure to potential litigation, the city should reconsider its decision to deny [Refuse Fascism’s] permit,” Markovitz concluded.
When L.A. TACO asked the LAPD to confirm if any permits for protests on July 17 had been issued, the department told us that “for the information you are requesting, you will need to call the Police Commission.”
When pressed further, on Wednesday, an LAPD spokesperson told L.A. TACO, “We are waiting for the subject matter expert.”
As of the time of publication, the LAPD has not confirmed whether any permits have been issued for July 17, and they have not publicly responded to Refuse Fascism’s demands.
Although permits are not needed to exercise your First Amendment rights, some groups like Refuse Fascism prefer to organize permitted protests, which are facilitated by the LAPD and other city departments, and sometimes allow for protesters to block off streets. Since the group started organizing protests in 2016, they’ve obtained dozens of permits for rallies, marches, and assemblies, a Refuse Fascism member told L.A. tACO.
Despite not being able to obtain a permit, Refuse Fascism is still planning on holding their protest today (July 17) from 5 - 7 PM outside of the Downtown Federal Building.
Protesters will dress in all white and enact the stress poses that have been enforced on immigrant detainees at CECOT prison in El Salvador, the group said.
Editor's Note: The reporter of this story is currently being represented by the ACLU SoCal in an unrelated lawsuit against the Department of Homeland Security.
