Tips for Demonstrations, Leafleting, etc.
 
General remarks

The First Amendment to the United States Constitution enunciates a right to public assembly. And its freedom of speech clause includes hand distribution of printed matter. That said, both legitimate and illegitimate governmental concerns have generated a large body of judicial decisions indicating what government officials can and can't do to regulate such activities "in the public interest."

Therefore, those who wish to demonstrate and/or leaflet should become informed about what can and can't be done generally, and what can and can't be done without a permit.
It's also important to know that law enforcement officers, especially cops on the beat, often themselves aren't knowledgeable. Many have a knee-jerk response to disperse any gathering or stop any display of signs, etc. It is not always an easy task to assert one's right in the face of ignorant assertion of police control.

What follows is a lot of useful information and some useful advice to help you avoid mistakes.

Setting goals

The purpose(s) of the demonstration will in part determine its site, its nature, and/or its duration.

Target. If there is a specific target, that will determine the location and perhaps the nature of the demonstration. If, for example, the target is a corporation's abusive practices, the site selected will have to be in some way associated with it - its headquarters, a retail outlet, the hotel where its shareholders' meeting is held, etc. Or again, if it's a demonstration against police brutality, central police headquarters is an obvious choice. Even if the target isn't that specific, it's always desirable to relate the site to the issue, which takes some cleverness to figure out. But there can be obstacles to accessing the best sites. Case in point: counter-recruitment demonstrations are hampered by the location of almost all the recruiting offices in shopping centers, which are off-limits to First Amendment exercise unless the management gives permission (it rarely will).

Audience. Are you trying to reach people who will be in physical proximity to the event or are you playing for media coverage, or both? Houston doesn't have much pedestrian traffic on city sidewalks, which poses a challenge for passing out leaflets and signature collecting. There are places, such as freeway overpasses, where demonstrators can reach a lot of drivers with their messages. On the other hand, weekend marchers in downtown Houston will find few bystanders. Getting out the media always takes work. Ingenuity helps. The TV stations especially like good visuals.

Advance notification of Houston Police Department

For the activities listed below under "What can be done without a permit," there is no requirement to notify the police in advance. But for any action larger than a few people leafleting or collecting signatures, there are good reasons to do so.

The appropriate department to contact is called the Criminal Intelligence Division (CID). The name smacks of what in the 60s and 70s were called Red Squads, and it's true that CID collects names of groups from across the political spectrum that stage public events. It also collects the names of people associated with the groups. Thus, some activists have principled objections to working with CID.

On the other hand, CID personnel are consistently friendly and helpful, unlike uniformed police. Their job is to maintain good order at all outside public events, such as when the President comes to town. Consequently, they know the law (which many police do not), and if they are on site when a cop misunderstands your First Amendment rights or just gets freaked out and unpredictable by encountering a situation s/he didn't anticipate, they can intervene for you. CID personnel will also head off aggression by counter-demonstrators. Finally, they will arrange for other police to help with traffic safety.

CID is located at HPD's headquarters building at 1200 Travis St. It can be reached at 713-308-8700.

What can be done without a permit

1. Assembling on sidewalks, including freeway "blogging"

Even a large number of people can gather on sidewalks and, if there is one, on the grassy strip separating the sidewalk from the street. A favorite spot is the sidewalks of bridges over major arteries like US 59 or I-10. Demonstrators need not all stay in one area or on the same side of the street. Demonstrators may hold up signs, including large banners. They may make as much noise as unamplified voices can manage.

Cautions: Police have a right-and a legitimate interest-in keeping demonstrators out of the streets. By the same token, if the sidewalk is a trafficked pedestrian route, they can ask demonstrators to maintain reasonable space for passers-by and not block walkways leading into buildings. In both these cases, the police will almost always intervene, so be careful. Also, there can be no mechanically enhanced sound, even use of a bullhorn, without a permit. Signs must not be attached, even temporarily, to public property like fences. Demonstrators must not harass pedestrians or motorists. Candles need to be in a cup or something else that catches the drippings. Obscenity on signs may bring arrest under state or local laws. Obscene language and gestures do no credit to the demonstration and are legally problematic; it's best to avoid them.

2. Leafleting and signature gathering

This can be done on sidewalks, in public parks, even at public meetings on public property such as the George R. Brown Convention Center. It should be Constitutionally permissible to leaflet on almost any public property to which there is general public access (e.g. the grounds of federal post offices and of public universities) as long as the leafleting doesn't disrupt the primary purposes of the facility. Be warned, however, that officials in control of such properties vigorously resist that claim, and it may take protracted court action to assert the right successfully. Talk in advance to the authority controlling the property.

Cautions: Passers-by are entitled not to be hassled. Their passage is not to be blocked. The materials may be offered to them, but not thrust upon them. If leafleting is taking place at a public meeting, those in charge may ask that the leaflets not be distributed in the meeting room itself.

Click here for a copy of the Houston Police Department circular, issued by then - Chief Sam Nuchia in 1993 and still in effect, that affirms as HPD policy what has been stated above. It's a good idea to print out the circular and take it out to the site of the action.
[HPD policy]

3. Marching on the sidewalks

If you confine your group to city sidewalks, no parade permit is needed. The advantage is the avoidance of considerable expense (see next section). The disadvantages are narrow space, less visibility, and problems of keeping the group together at intersections - you will not have an automatic right of way. It's important to have designated parade marshals to keep marchers out of the streets and assure safe crossings. A permit is required for amplified sound on the march.

What requires a permit

1. Sound amplification in any public place.

The permit is inexpensive ($10 as of this posting). Obtain it from the permit office on the 2nd floor of the city administration building at 611 Walker St. The permit form requires the street address and zip code of the location where the sound permit will be used.

2. Rallies-gatherings of more than a few people for more than a few minutes in public spaces other than sidewalks.

Such spaces include parks, such as the space in front of Houston City Hall officially known as Hermann Square. To apply to the right office for a permit, you will have to ascertain what governmental entity controls the space you want to reserve. For example, some parks are city (including cities other than the City of Houston), some are county, and some spaces are under federal control. For City of Houston (COH) spaces, apply to the Mayor's Office of Special Events on the 4th floor of City Hall, 901 Bagby, 713-437-6294. COH permits run somewhat over $100, and also require a refundable deposit. The COH doesn't require that portable toilets be provided, but you'll have to make a judgment call about whether to have them. It will depend on the length of the event and the availability of nearby public rest rooms. Portable toilets must be hired from a private contractor and will add to your costs.

3. Parades

You can get a combined parade and rally permit. Because a parade requires more police presence and work, it runs up the cost. There is a per-intersection fee ($25 as of this posting). So when you plan your route (which must be submitted with the permit application), take that cost into consideration. Another way to control costs is to make clear on the application that there will be no structures, large animals, or vehicles in the march. This way, insurance, private security, and some other requirements can be waived.

Be aware, too, that governmental entities have the authority to keep parades well apart either in time or space if more than one organization applies for a permit on the same day. Parade permits in the City of Houston are obtained from the Mayor's Office of Special Events on the 4th floor of City Hall, 901 Bagby, 713-437-6294. There is an on-line form. Review it to see the various hoops you must jump through. http://www.houstontx.gov/specialevents/paradepermitapplication.pdf

Cautions: Police don't like people attaching their signs and banners to things that can be used as clubs. There is a City of Houston ordinance prohibiting poles, sticks, pipes, etc. The ordinance permits wooden poles no larger than ¼ inch thick and 2 inches wide if rectangular, ¾ inch in diameter if round. In practice, small diameter PVC piping gets a pass as well.

What can't be done

1. Affixing signs, stickers, posters, etc on public property like light poles.

This ordinance is often ignored with impunity. However, if you are in a group, at some point you will attract police attention. One of the things they will look for is that. The risk for temporarily attaching a banner, say, to an overpass fence isn't high. The police will simply tell you to untie it. Still, know that it isn't kosher.

2. Leafleting on private property

The parking lots of shopping centers should be open to First Amendment exercise, given that anyone is invited to enter them. Unfortunately, the U.S. Supreme Court has ruled that they are private property. You may try to get the shopping center management to allow you to leaflet; success is rare but not unheard of. Also, it's possible to leaflet for a little while without permission, but sooner or later a security guard will tell you to leave. Defiance likely will lead to arrest for trespassing.