Resolution 389-A SummaryNYBORDC's Right to Assemble Resolution 389 passed through City Council on June 28, 2004. The Right to Assemble Resolution recognizes that: New York City has a long tradition of championing First Amendment rights Peaceful political expression is entitled to the broadest protection under the Constitution There is no inherent conflict between protecting public safety and protecting lawful political expression The forthcoming Republican National Convention will test New York’s commitment to freedom of speech, association and expression.
The Right to Assemble Resolution calls for: Mayor Michael Bloomberg, Police Commissioner Raymond Kelly, and Parks Commissioner Adrian Benepe to uphold First Amendment rights, particularly upon the occasion of the Republican National Convention City officials to take affirmative steps to ensure prompt action on permit applications, no unreasonable denial of such applications, written explanation regarding denied permits, and reasonable efforts to provide alternatives when permits are denied City officials to refrain from the use of force in policing public demonstrations except to the minimal extent required based on legitimate law enforcement purposes Demonstrations to be permitted within close proximity to and within sight & sound of the object of such demonstrations, consistent with reasonable security concerns No use of four-sides pens except in limited circumstances based upon legitimate and reasonable security concerns, and in such circumstances to ensure that enclosures allow people to exit a pen, move freely around the demonstration site, and return to the pen if there is sufficient space Training of police officers on the First Amendment rights of persons engaged in lawful political activities No investigation of individuals based solely upon First Amendment protected activities City officials to reduce to written memorandums all authorizations for investigation of political or religious activity
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