Re: WTO Legality Questions - have my civil rights been trampled?

From Legba Carrefour <legba@atheist.com>
Date Thu, 02 Dec 1999 18:43:40 -0500


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"Me Uh, K." wrote:
> 
> [: hacktivism :]
> 
> A couple of concerns origonating from the recent
> (continuing) WTO riots.
> Does anyone know if there are there laws concerning,
> or where I might research (from the web, or course,
> library's closed):
> 
> -the Authorities' banning the sale of gasmasks, and
> arresting anyone cought with one? (especially since
> they've been generous with the stuff, and many
> uninvolved people have been gassed - most people in my
> office have bought goggles to protect their eyes)

Okay I KNOW they can't legally do that. There is no way that would hold
up before a court. There was a similar case several years ago involving
bulletproof vests. I imagine that what they are doing is just arresting
people and then release them without charging them. That's how most
protest arrests work. Only in rare cases will they follow through.
> 
> -Implementing a mass-curfew without declaring martial
> law?  (which appears to be what's being enforced, but
> as of yet, it's been undeclared)

I think they declared a state of civil emergency which does legally
allow that. However, the curfew can only be in effect for a certain
period time and there are some other restraints.


> -Allowing avenues of escape when teargas is involved?
> (I was in a protest last night that was boxed in on
> all four sides by the police/national gaurd, who
> didn't allow anyone out even after teargas was
> deployed.  Those of us that escaped had to climb
> fences or rush the line - I have bruises across my
> back you wouldn't believe)

If you were in violation of the law, I think they can legally do it to
keep you from escaping arrest. However, keeping people in a tear gas
cloused is considered police brutality. If someone sued, claiming that
forced exposure to the gas, they would win.

> -No protest zones - (Isn't it illeagle to impede our
> right to assembly, riots be damned?)

That is legal under an adct of congress way back in '95. The law was
passed in regards to abortion protestors blocking doors and keeping
people from even entering clinics where abortions were performed. The
courts upheld a challenge to the law, stating that people have a certain
right of privacy and security when trying to conduct their business.

However, I don't know if they could make an area THAT large. In the
court case I knew of, it was like 500 feet, which is enough to allow
people to go about their business, but still plenty of space to protest.

God, I envy you.

Legba Carrefour


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