Board Bill 134 also repeals city’s problematic “unlawful assembly” ordinance
ST. LOUIS – The ACLU of Missouri supports St. Louis Board Bill 134, which establishes First Amendment protections for the city of St. Louis. The proposed law is designed to protect speech and set clear guidelines for police conduct during protests.
Filed by Alderwoman Megan Ellyia Green, Board Bill 134 would repeal the city’s constitutionally vague ordinance regarding “unlawful assembly” and set common-sense protocols to protect the constitutional rights of those observing, recording or participating in protest activity.
“St. Louis needs to establish clear guidelines to protect people as they call for change in the region,” said Sara Baker, legislative and policy director at the ACLU of Missouri. “Without establishing clear guidelines for law enforcement, we risk creating a chilling atmosphere during a critical time where the voices of the people must be heard.”
On multiple occasions, St. Louis Metropolitan Police Department officers have abused the current ordinance by declaring constitutionally protected assemblies unlawful.
Board Bill 134 also limits officers in using chemical agents, such as tear gas and pepper spray, on people as a tactic to get them to leave a demonstration. Police would not be allowed to use these agents on people when they’re restrained.
“If we are to change the relationship between police and the community in St. Louis, we must begin by protecting the First Amendment rights of the people to express their concerns and grief without fear of being injured or retaliated against by officers,” said Green.
The bill mandates law enforcement must have their name tags visible at all times, an issue that has been noted at several protests since the announcement of the Stockley verdict.
Board Bill 134 also requires the St. Louis Metropolitan Police Department to promptly process and release arrestees.
“St. Louis has another chance to lead the nation by committing to protecting the people’s right to express free speech and nonviolently protest,” said Jeffrey Mittman, ACLU of Missouri executive director. “We must improve the relationship between the police and community if we are to honestly address the racial inequities in the city, and in our state.”
On Sept. 22, the ACLU of Missouri filed a lawsuit against the city of St. Louis for unlawful and unconstitutional actions by officers against people during the first week of demonstrations following the Stockley verdict. On Sept. 28, the ACLU filed a motion for a preliminary injunction in that case, asking the court to make the St. Louis Metropolitan Police Department enact several changes that relate to police conduct during protests.
“Board Bill 134 is a first step in addressing the concerns of our lawsuit against the city of St. Louis,” Mittman said.