DC dance protest ends with arrests, cries of “This is a police state!”

The Thomas Jefferson Memorial in Washington is a popular tourist destination, but on this Memorial Day weekend, it was also the scene of a memorable protest that’s worth paying attention to.

A court recently ruled that expressive dancing was in a category with picketing, speech making, and marching – a banned activity at national memorials.

Several protesters decided to challenge the decision on Saturday afternoon with a protest organized through social media (here’s the Facebook page, the Twitter hashtag and blog.)

Their dance inside the rotunda of the memorial didn’t last long. Park police quickly arrested the protesters. Here’s another camera angle of the event.

This NBC report has some of the best footage of the protest.

Whether you agree with these activists or not, I think there are a few things about this that are noteworthy and that could affect travelers.

First, there’s the deep irony of the event. Jefferson, a man who once said, “What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?” may be a hero to the protesters, and indeed to many of us, but you don’t have to be politically active to be aware of the absurdity of the “no dance” ruling at, of all places, the Jefferson monument. TJ is probably spinning in his grave.

Second, the fact that people taping the event were threatened by the park police — you can see that in the first video — is troubling. There’s no rule I’m aware of against filming in the park. Here are the Park Service guidelines for photography.

Also, the apparent brutality of the arrests should concern anyone, regardless of party affiliation. Wrestling a dancer to the ground? Putting someone in a chokehold? Come on. I thought that kind of thing only happens in a police state. Maybe I’m not fully appreciating the danger these protesters caused.

Finally, what it means to all of us? My family visited the Jefferson Memorial on a blistering hot August day last year, and my middle child likes to move a lot. It could be interpreted as dancing by park police. Are they going to cuff a six-year-old for shuffling around a national monument?

More bothersome to me is the apparently heavy-handedness with which law enforcement dealt with this minor infraction of national park decorum. If this is what they do for dancing, I’d hate to see how they’d treat someone who is littering or jaywalking.

Another protest is planned June 4. Perhaps that one will end differently.

  • http://www.facebook.com/zipdraw Zip Alegria

    Dancing?! where?!! damn kids!! dancing is the devil! Dancing only leads to… well not happiness that’s for damn sure!

  • http://www.facebook.com/zipdraw Zip Alegria

    I didn’t see these guys pelvic thrusting.

  • http://www.facebook.com/zipdraw Zip Alegria

    I didn’t see these guys pelvic thrusting. 

  • Lonnie

    Lisa:

    I just found the video terribly disturbing.  So what if some people want to dance – or speak – or laugh – or whatever.  They were doing no harm.  I’m 71, never in the military (in the 60s because of my age I “fell between the cracks”), and I guess I’m supposed to resent these young people, but neither my wife nor I felt that the security guards did the right thing.  In fact, the kids looked a lot more mature than the McCops.

    Glad you agreed.

    Lonnie

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone
  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone
  • Joe Farrell

    Plus, Jeanne, you forgot the threat from the police to those filming their conduct . . . that qualifies as violations of their oath to the defend the Constitution against all enemies foreign and domestic. 

  • http://www.facebook.com/profile.php?id=1556838763 Nancy Marine Dickinson

    Jeanne – extremely well said.  Brava.

  • http://elliott.org Christopher Elliott
  • http://www.facebook.com/profile.php?id=1556838763 Nancy Marine Dickinson

    Um, I don’t think the police take the same oath as the military…  When I took my oath upon joining the military, I remember saying, “… defend the constitution against all enemies, both foreign and domestic.”

    I don’t believe LEOs take that same oath.

  • http://www.facebook.com/profile.php?id=1556838763 Nancy Marine Dickinson

    However, photography and/or filming at national parks does require a permit if it’s for commercial purposes.  The cost is $150.  I was doing a story once on Carlsbad Caverns in NM.  I went ahead and used their photos, taking a hit financially, because I can’t afford $150 every time I write a story about a national park.

  • http://www.facebook.com/profile.php?id=1556838763 Nancy Marine Dickinson

    This wasn’t truly about “the dance” but about “freedom of expression”.  The person originally arrested in 2008 could have burned incense, played the national anthem on a turntable, posted drawings, sung a song from the film “1776″, whatever…  The form of expression she chose was “expressive dance”.  That’s why this is the current mode of expression.

  • http://twitter.com/zekenix Zeke Kersey

    So if there’s no dancing at national monuments why the hell are the politicians allowed to dance after state dinners? Arrest the President and First Lady IMMEDIATELY, NPS.

  • Sylviaguarino

    I think I understand that but appreciate your clarification as well as the reference to the 2008 incident.  What I am questioning is the whole concept of freedom of expression in a public “monument”.  My concept of freedom of expression has always been based on the analogy of my right to swing my arm ending where your nose begins.  The “rules” of conduct imposed are there to assure that the common good is sacred.  Those who come to a national monument, a church, a library, etc. to experience the place with no distractions should, IMO, have the right to do that, and the restrictions on use are assuring that right.  I do think the police went a little overboard.  But personally speaking, I can see many more circumstances and situations where Civil Disobedience would certainly have more meaning and more impact.

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    But what constitutes a “distraction”?  Personally, I’m appalled at the way most Americans dress.  They are, in my view, profoundly disrespectful.  And sure as hell a distraction.  Should they, therefore, be arrested?

    Of course not.

    People silently moving their bodies — some merely shifting their weight from foot to foot — aren’t disrupting anything.

    As for employing civil disobedience in general, the time, place, circumstances — that’s up to individual people.  We’re never all going to agree on where and when civil disobedience is “appropriate,” the best choice, etc.  I happen to think this instance is appropriate, is a good choice.  Others will disagree.  I will, however, close with a relevant quote by Chris Hedges:

    “No system of total control, including corporate control, exhibits its extreme forms at the beginning. These forms expand as they fail to encounter resistance.”

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    And loaded guns, for god’s sake, can be carried into National Parks!  But dancing and kissing are prohibited.  And this makes sense??

  • Sylviaguarino

    I would have to agree with you on some clothing being quite distracting.  But we are talking about distractions you can’t block out, such as you can with just not looking at a guy with his underwear showing or a woman with midriff or cleavage showing. Standing in a “reverant” space and having someone dancing by, singing by, etc. can’t help but distract me.  As for your further comment about loaded guns in National Parks, that IS a down right travesty, IMO.  On that I agree with you as well.

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    But nobody was singing, nobody was playing music audible to anyone but themselves personally.  This was silent movement.

    Also, the whole “reverence” thing is a bit too close to official endorsement of religion for my taste.  The judge even used the words “temple” and “shrine” in his opinion.

    I agree the Jefferson Memorial is a beautiful space.  That’s why it’s perfectly appropriate that people who love it would choose to dance there.

  • Sylviaguarino

    Silent movement is still movement, still distracting.  Reverence for me is akin to spiritual reckoning.  I have no use for formalized, organized religion, but spiritual appreciation is at the core of my being. You and I are going to continue to disagree, and that is ok.  That’s part of living in a free society…..and, yes, overall, I do think American is a free society, esp. relatively speaking.

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    Well, then, if “movement is still distracting,” I think you’re going to have a problem with everyone at the Memorial who walks, limps, stretches, yawns, bends, stoops, squats, or just plain fidgets.

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    Seconding Chris’s comment about Nancy’s article and commend it to people, especially for this comment by the judge:

    “A prohibition on expressive activities in a nonpublic forum does not violate the First Amendment if it is viewpoint neutral and is ‘reasonable in light of the use to which the forum is dedicated,’” Bates wrote. “Here, the ban on demonstrations at the Jefferson Memorial satisfies these requirements.”

    How is the Jefferson Memorial a non-public forum??

  • john

    Its sad, your blog used to be one of the best travel ombudsman blogs, but it has turned into an annoying anti-government blog.  

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    I guess you don’t follow it, then.  Chris writes every day about travel.  He just posted another travel article today.

    As for “anti-government,” you’re missing the point.

  • http://elliott.org Christopher Elliott

    You’re right, I’m so annoying. Also, it’s obvious no one cares about this issue, based on the number of comments. 

    As a service to readers, maybe you can post the URLs to all of the other travel ombudsman blogs that we should be following. Thanks!

  • Erik

    Now that virtually every cellphone can record video, we’re a nation of citizen journalists, and the one way to keep abuses of power in check is to document it and report it.

    Which just about every witness was doing here.  And which during any encounter with an authority, you should too.

    It’s not like these abuses of police power are new.  It’s just that now more of them get documented now.

    TJ would appreciate that, although I don’t know if it would decrease his spin in the grave at what happened at his memorial.

  • Lamont Cranston

    An “open-letter’ to all the police-apologists,
    on this forum.  I don’t mean to put you guys down,
    but the cops in this video are just brown-shirt “thugs with guns”.
    These brown-shirt “thugs with guns”, might impress you,
    but they don’t impress us Freedom Loving Americans.

    Sure these cops are ”lackeys” doing the bidding of the judge,
    but it’s also obvious they have a warped-mind, a mind of discord,
    a mind of anger, of hatred and power, and control,
    than can only be sublimated by beating and controlling “others”.

    That’s why cops go into this line of work.
    Scientific study has shown that about 25% percent (1 out of 4)
    of adult males in America, are “hard-wired”
    with the “Need to Control others”.
    These cops should instead, be correcting their own warped-minds.

    The cops in this video, are truly the destructive ones.
    I actually feel pity for them.

    Please also read my other World-famous, Award-winning posts,
    on this forum.

  • Sloppyjoe

    awesome job . Too bad they officers did not use more force. I am sure LAPD would have!!
     

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    Hmmm.  Interesting that ”Erik” (whose last name I forget) has, since yesterday, somehow morphed into ”Lamont Cranston” (from the classic radio series ‘The Shadow’) in the comments.  Didn’t realize that one could change one’s name after one has posted a comment.  That “Erik” who disappeared (touché! very Shadow-like) would seem to be a different person from the Erik posting below without a last name.  Chris?

  • Joelw

    It is not germane to this issue, Jeanne, but I believe that the flag is not supposed to fly 24 hours a day, except perhaps for some special buildings like the Capitol.

  • Anonymous

    With lighting, it can be flown at night.

    I volunteered with the Boy Scouts for 15 years.  I do know my flag etiquette.  But I *am* glad that you have enough respect for the flag to have made the comment.  Thank you.

  • http://www.facebook.com/people/Mary-Graham/500208125 Mary Graham

    If we don’t put a stop to our own advancing “police state”, I’m afraid we’re all in for an experience we never thought we’d have, and it won’t be a good one.

  • Dave

    I haven’t bothered watching the videos; I get the idea from reading all 72 (so far) comments.  With that admission, I must say I would agree that the dancers are well within their rights, and the regulation is out of line in the first place.  What too many people forget is that there is NO constitutional right to not be offended, which is the tenor of the justification for the regulation.

  • djp

    Patrick Swayze is turning in his grave….

  • http://www.facebook.com/profile.php?id=1275578005 Noah Rosenthal

    I’m not sure how persuasive the opinion is.  It holds that it was not a violation of Oberwetter’s constitutional rights to arrest her.  Does that necessarily mean that the rule is enforceable, does it?  It seems to me that it’s probably possible to arrest somebody for something you’re not allowed to arrest them for without it creating an actionable constitutional violation.  It’s not clear what would have happened if the Parks Service had actually gone ahead with prosecuting Oberwetter.  My guess is that they don’t go forward with this prosecution either.

  • http://www.facebook.com/profile.php?id=1275578005 Noah Rosenthal

    “From the looks of it to me, the policeman was speaking with the
    protester and my guess was warning him about what would happen next.”

    –I’ve never gotten this point.  If the cops tell you what they are going to do before they do it, can they do whatever they want to you?  “Stop struggling or I’ll chop your hand off” is okay?

  • Edmorrow

    People have the right to visit a national monument without having to witness a ‘dance party.’ Last time I checked you do not visit Washington D.C. monuments to witness dancing. These people were contesting a law recently handed down by the courts. It is not the police officer’s job interpret the law, it IS the police officer’s job to enforce them. A police officer does not have the luxury of picking and choosing which laws he/she finds constitutional. If you want to challenge a law, I would suggest contacting your congressional representative to ask for a change in the law, or its wording. Do not go out and deliberately break the law (whether you believe it is fair or not) just to see if you will be arrested.

  • MarkieA

    I, too, believe that the rampant videotaping of virtually everything can serve as a great deterrent to abuse. But, guess what? Fourteen – I believe it’s fourteen, not four – states have basically made it illegal to videotape a police office “doing his job”. They haven’t come out and stated it that way, they just say that you must receive permission from the officer before VOICE recording (image recording is OK). Two things: 1) you’re NEVER gonna get the officer’s permission, and 2) video without voice is just about useless in these situations. They hang their hat on a law that requires you to get permission from ANYONE before your record them, so they’re not singling out police officers.

  • http://www.facebook.com/sommer.gentry Sommer Gentry

    Yeah, Rosa, just go sit in the back of the bus!  Edmorrow doesn’t like civil disobedience.  It’s inconvenient for him.  Back of the bus, Ms. Parks, and he means now.

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    Ooh, scary!  Witnessing a — gasp! — “dance party”!  Heaven forfend!  Where’s my fainting couch?!

  • Lamont Cranston

    Edmorrow, I hear what your saying!

    People have the right to visit a national monument without having to witness brown-shirt, police-thugs violently rough-up American citizens!

    “the clouded-mind sees nothing”

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    MarkieA, there’s a faint ray of light in all this — in Maryland, a motorcyclist who videotaped a cop took his case to court and won.  So at least in Maryland, one can still videotape police encounters.  I’m not saying it’ll always be easy, or that cops who are abusing their authority won’t try to prevent it, but at least the law is on our side on this one.  And the many good cops out there are happy with this law.  It protects them as much as it protects us.  Two links:

    http://articles.baltimoresun.com/2010-09-27/news/bs-md-recorded-traffic-stop-20100927_1_police-officers-plitt-cell-phoneshttp://www.aclu-md.org/aPress/Press2010/052810_Motorcyclist.html

  • JJWeldon

    At least you acknowledge that few people care about it.  And it’s not that people don’t really care about it, they just don’t care enough about it to actually do anything because they’re busy with things that are more important to them.  Like the baseball game or Facebook. 

    But the outrageous rants of rape in the streets by Lisa et al are entertaining, if not repetitive.

  • Anonymous

    it brings attention to the issue so that more people will protest with their votes and wallets. That’s about all it accomplished but that was their goal. Millions of people just found out about this law overnight.

  • http://pulse.yahoo.com/_IHFSGYZFBG34UZZ3C4SMIG3HDA DanA

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” 
    “All tyranny needs to gain a foothold is for people of good conscience to remain silent. “  — Thomas Jefferson

    The American Revolution Part II is coming…. 

  • Anonymous

    It depends on the situation.  They seem to have a requirement at the National Mall associated parks (including Jefferson Memorial) that media coverage of events doesn’t need a permit, but that arrangements require 7 days advance arrangement.  Apparently filming or photography of any kind isn’t even allowed in the interior chamber of the Jefferson Memorial.

    http://www.nps.gov/nama/planyourvisit/permits-faqs.htm

    As far as many NPS units go, “coverage of breaking news” doesn’t typically require a permit, including at Carlsbad Caverns.  I suppose “breaking news” is subject to interpretation.

    http://www.nps.gov/cave/planyourvisit/filmpermit.htm

    “Coverage of breaking news does not require a permit, but is subject to restrictions and conditions necessary to protect the park resources, public health and safety, and to prevent impairment or derogation of park resources, values, or purposes.”

    The Duke and Dutchess of Cambridge are visiting Yosemite this July.  I suspect that the news crews covering their visits are not going to require permits.

  • Anonymous

    United States Park Police are federal law enforcement officers.  Before becoming officers, they generally train at one of the Federal Law Enforcement Training Center, where graduates are required to take an oath to defend the Constitution upon graduation.

  • Anonymous

    I noted it elsewhere, but apparently filming/photography isn’t allowed within the interior chamber of the Jefferson Memorial.  I don’t know if it’s legally enforceable if there’s some incident that might have a legal reason to be documented.  It probably doesn’t apply to the photography that the NPS has done or where waivers were granted.

    http://www.nps.gov/nama/planyourvisit/permits-faqs.htm

    “Jefferson Memorial: Filming/photography is prohibited within the columns and the interior chamber of the Jefferson Memorial.”

  • Elena21045

    Anyone who likens what is shown here to a ‘Police State’ OBVIOUSLY has never lived in a police state.

    Yes, “no dancing” is a silly law… and people should be respectful of other people viewing the monument and keep there self expressive dancing inside until they leave the monument.

    As for the “brutality”….from what I saw the officers were nicely explaining that they didn’t want to have to arrest anyone, but it was their job to enforce the law. The first couple where straining against the officers and arguing. The fellow with the ‘disobey’ shirt would have done Ghandi proud when he calmly surrender to arrest…it was his buddy NOT the officer who pulled him to the ground. At which point the officers did their job and restrained both struggling men…

    If these dancers wanted to make a difference they could have lobbied to have the law changed….but no, THAT would take time and hard work (and education), and probably wouldn’t get them on YouTube…..so they stage the adult version of a temper tantrum and ruin the day of many TJ Memorial visitors.

    In other countries the protest inequalities, and dictators and mass murder of civilians….here we protest not being allowed to do the ChickenDance in front of a founding father…..great job america

  • http://www.cogitamusblog.com/2010/11/five-words.html Lisa Simeone

    Must disagree.  The whole police state thing isn’t a binary yes/no question.  There are degrees.  There are points along a spectrum.  There are actions that are repressive, police state actions — yes, in this country.  That doesn’t mean that, therefore, all police states are the same.  Such an argument is nonsense, and presents a false dichotomy.

    A police state doesn’t have to spring fully formed like Athena from the head of Zeus.  It can develop, slowly, incrementally, bit by tiny bit.  That’s why responsible citizens ring the alarm long before a situation deteriorates to the point where there’s no recourse, where we are in a complete police state.

    The Patriot Act and its provisions are characteristic of a police state.  Unwarranted wiretapping, surveillance, search & seizure, stop-and-frisks (Terry precedent), raids of peace activists’ homes, designation of innocent citizens as “domestic extremists,” indefinite detention — these are all happening in the U.S. and these are all the actions of a police state.

    Former — and current — residents of Poland, Russia, Hungary, you name it, have been chiming in here and at other websites drawing the parallels themselves.

  • CECILANDJUDY1

    THEY ALL NEEDED TO BE LOCKED UP!!!!!!!!