PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 8.3 Issued Date: 11-20-92 Effective Date: 11-20-92 Updated Date: SUBJECT: DEMONSTRATIONS AND LABOR DISPUTES 1. POLICY A. The Civil Affairs Bureau will be responsible for the policing of all 1. demonstrations 2. protest marches 3. labor-management disputes 4. picketing B. Police personnel of all ranks shall maintain complete neutrality and objectivity at all times. An officer's demeanor and attitude can serve to increase or reduce tensions during any demonstration. Therefore, self-control and patience, especially during irritating or provoking conditions, is mandated at any such event. C. In performing the police function, the police shall preserve the demonstrator's right to communicate their grievance, complaint or protest or to advocate their idea or position and shall preserve the rights of the person, organization or business being demonstrated against, including the right to have its entrances and exits free from blockage. D. Under no circumstances shall the department be made subservient to any group. Neither the persons demonstrating, nor the person, organization or business being demonstrated against is to be furnished with assistance, which exceeds the legal authority of the police, or the directions outlined by the courts. E. The police function is 1. to preserve peace and order 2. to prevent destruction of life and property 3. to protect the constitutional rights of all involved parties. F. All police reports will reflect accuracy and impartiality. Personnel will avoid adopting the biases of the parties involved when preparing required reports. DIRECTIVE 8.3-1
2. DEFINITION Demonstration - any activity by any person or persons who seek to communicate any grievance, complaint or protest, or seek to advocate any idea or position by speaking, picketing or gathering in any manner whatsoever at the premises of another person, organization or business or public place. 3. RESPONSIBILITIES A. First uniform officer on scene will respond in the following manner: 1. Notify Police Radio Location, number of demonstrators, violence, cause of demonstration, if known 2. Request a Patrol Supervisor 3. Prepare 75-48 Indicate location, number of demonstrators, name of business/organization, cause of demonstration 4. Periodically check If requested by Civil Affairs Supervisor location B. Police Radio will have the following responsibilities: 1. Dispatch patrol supervisor Provide pertinent information supervisor 2. Notify Civil Affairs Operations Provide pertinent information Room 3. Notify District of Provide pertinent information Occurrence Operations Room 4. Notify Command Only during non-business hours Inspections Bureau C. The first on-scene patrol supervisor will have the following responsibilities: 1. Ensure notification of Police Radio, Civil Affairs, and District Operations Room. 2. Assign sufficient personnel for initial protection. 3. Ensure District Commanding Officer is notified of the demonstration, its termination and any police detail, if applicable. 4. Consult with Civil Affairs Supervisor for further actions. DIRECTIVE 8.3-2
D. The District Operations Room Supervisor will: 1. Record the incident on the Sending and Receiving sheet. 2. Forward information, via computer, to the Civil Affairs Bureau and Detective Division of Occurrence, if applicable. 3. Prepare Roll Call Complaint describing all circumstances surrounding the demonstration. E. Personnel of the Civil Affairs Bureau will 1. Respond to all demonstrations and similar incidents. 2. Identify and establish lines of communication with protest leaders. Instruct participants of the police function. 3. Focus on the complaint or reason for the demonstration, maintaining peace, order and complete neutrality. 4. Notify and update Civil Affairs Unit Operations Room and Civil Affairs Supervisor 5. Notify the City Solicitor should the demonstration involve a labor dispute as well as when any building or property owner seeks injunctive relief, including labor dispute. 6. Attempt to arrange appropriate meetings with involved parties and/or representatives that may assist in resolving or abating the demonstration. 7. Record necessary information about the incident and prepare Civil Affairs "Informational Report." F. The Civil Affairs Operations Room Supervisor will: 1. Record information on the Sending and Receiving Sheet. 2. Update pertinent Command personnel, where applicable. 3. Make necessary contacts as designated by Civil Affairs supervisor at the scene. G. The Civil Affairs Supervisor has the following responsibilities: 1. Respond to all demonstrations and similar incidents, ensuring appropriate action is taken. DIRECTIVE 8.3-3
2. Coordinate effective patrol and deployment with patrol supervisor. 3. Ensure notification of Civil Affairs Operations Room. 4. Ensure notification of pertinent departmental units and government agencies that may be used to resolve or abate the demonstration. 5. Update pertinent Command personnel, where applicable. 6. Be responsible for the supervision of Civil Affairs personnel. 7. Contact Major Crimes Unit and Audio/Visual Unit should there be mass arrests totaling eight (8) persons or more. 8. Ensure Civil Affairs personnel are on location whenever Sheriff's Department personnel must enforce court-ordered injunctions. 9. Notify Patrol Supervisor of the termination of demonstration and related police detail, if applicable. 4. ADDITIONAL RESPONSIBILITIES A. The Detective Division of Occurrence is responsible for the investigation of all criminal offenses, and all incidents involving personal injury and/or damage to property, which results from a demonstration or similar incidents. B. The Sheriff's Department is responsible for the enforcement of all court-ordered injunctions. Civil Affairs personnel will furnish assistance to complete any required arrests. C. In the event any demonstrator(s) use their body or bodies or any physical means to prevent any person or vehicle from entering or exiting any building or property, the police shall promptly attempt to "talk open" the use of the entrances or exits in question. D. Any demonstrator refusing to obey a police request or order shall be arrested, except wherein the considered opinion of the Police Command personnel at the scene of any blockage, such action by the police would result in violence and/or bodily harm. E. Demonstrators/protestors arrested for violations constituting a summary offense shall be transported and processed at the district of occurrence, except those summary offenses designated in Directive 12.10, Issuance of Non-Traffic Summary Citations. F In cases of mass arrests totaling eight (8) persons or more, the Major Crimes Unit will be responsible for processing offenders at a suitable location. DIRECTIVE 8.3-4
5. LABOR DISPUTES (GENERAL) A. Labor disputes are civil disagreements between management and employees or their collective bargaining representative. During a civil process, the labor laws are enforced or adjudged by the National Labor Relations Board, the courts, the Pennsylvania Labor Relations Board and other similar agencies. B. Police officers must recognize the limited role they play during any labor dispute. The police department is not responsible for enforcing labor laws. C. Should Civil Affairs officers learn of a building or property owners attempt to acquire injunctive relief of any kind during a labor dispute, they shall immediately contact a Civil Affairs Unit Supervisor, who will notify the Office of the City Solicitor to inform them of such action at the earliest convenient time. 6. LABOR DISPUTES (SPECIFIC) A. Because of legal requirements and restrictions, certain language and actions must be used and undertaken should there be demonstrations or labor disputes involving Philadelphia Newspapers Inc. (PNI), or the Philadelphia Eagles Football Club, Inc., the National Football League Players Association and the City of Philadelphia. They include but are not limited to the following: Philadelphia Newspapers Inc. 1. In the event any demonstrator(s) use their bodies or any other physical means to prevent any person or vehicle from entering or exiting any building or property, any such demonstrator(s) refuses to obey a police request or order to open and permit access to the entrances and exits of any such building or property shall be arrested. Where in the considered opinion of the police command personnel at the scene of any such blockage, that any attempt to arrest any such demonstrator(s) would result in large scale violence and bodily harm, then the owner of the building or property affected and the City of Philadelphia shall be immediately notified of the police decision. The building or property owner shall immediately notify the Law Department of the City of Philadelphia if they decide to commence any action or suit in a court of competent jurisdiction requesting injunctive relief ordering any such demonstrator or demonstrators to cease and desist from using their bodies or any physical means to prevent any person or vehicle from entering or exiting the building or property affected. In such case, the Law Department of the City of Philadelphia immediately shall petition the court for leave to intervene in such action or suit to seek the assistance of that court in implementing the police function. DIRECTIVE 8.3-5
Philadelphia Eagles Football Club Inc. 2. Guidelines to govern labor related events at Veteran's Stadium are provided for in a settlement entered into by the Philadelphia Eagles Football Club, Inc. and the City of Philadelphia signed in 1988. Any dispute or demonstration occurring at Veteran's Stadium involving these parties will be handled according to this agreement dated November 30, 1988, and it will be the responsibility of the Civil Affairs Bureau to implement the settlement guidelines as written in accordance with the procedure outlined in this directive. 3. Commanding Officer of the Civil Affairs Unit will ensure that all personnel under their command are made aware of this agreement and adhere to all of its provisions. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE 8.3-6