WorldLink.com (Portland, Oregon)
PORTLAND - A recent Oregon Supreme Court decision that banned police from arresting protesters who refuse to disperse won’t affect the ability of officers to control unruly crowds, Portland Police Chief Derrick Foxworth said on Friday.
Foxworth spoke on the eve of an anti-war march planned for downtown Portland. Opponents of the Iraq war planned several protests throughout the state on Friday and Saturday, marking the first anniversary of the war that ousted Saddam Hussein.
“We understand that emotions are running high,” Foxworth said, adding that Portland police expect a large, but peaceful, demonstration. “But we want to be sure that peace is upheld, that the rights of property and people are protected.”
The state Supreme Court said last week that the “failure to disperse law” - part of Oregon’s disorderly conduct statute - violates state constitutional rights of free speech and peaceful assembly.
Police can still order groups to break up when people engage in violence, commit other crimes or threaten serious injury to police and others. But officers can’t arrest people just for refusing police orders to disperse, the high court said.
Veteran protesters hailed the court’s decision as a victory, saying the change helps bring an end to years of intimidation by police.
Pam Olshanski, the spokeswoman for the Eugene Police Department, said the Eugene police rarely issue an order to disperse unless protesters are engaged in other criminal activity.
Protesters said police officers had sometimes abused their powers to dissolve demonstrations by issuing conflicting orders or making random arrests, and said they hoped the new law would help the situation.
The agency already takes a proactive position toward demonstrations, she said, working with protest coordinators and relying on other, independent groups to help keep the peace.
“That show of force, just the presence (of police), impacts people’s level of comfort in demonstrating,” Olshanski said.
“We are merely assembling,” said Marston, a member of the free-speech group Lane County Bill of Rights Defense Committee. “We’re not breaking windows. We’re not throwing water bottles. We’re not causing trouble.”
Peter Bergel, who heads the Salem-based Oregon PeaceWorks, said dropping the “failure to disperse” law will also help keep demonstrations low-key.
“When people aren’t doing anything wrong and you tell them they can’t be there, very high levels of frustration result,” he said with a chuckle.
Saturday’s rally in Portland comes approximately one year after anti-war demonstrations shut down several bridges, freeways and intersections near the city, resulting in 135 arrests.