News Release - Statement by Mayor Thomas S. Richards on Protest Arrests

City of Rochester

News Release

(Saturday, Oct. 29, 2011) — I would like to commend Police Chief James Sheppard and the men and women of the Rochester Police Department for their professional and courteous management of the situation at Washington Square Park last night. Enforcing the law, especially among large crowds, is a difficult task.

As we stated yesterday, the City supports our citizens’ First Amendment rights and we have always provided many opportunities for the safe exercise of those rights. We always try and work with those who want to use City streets and public areas for demonstrations and marches, whether by issuing permits or providing safe passage for such activities. Last night we reached out to the demonstrators to communicate the City’s cooperation with their protest march and to reiterate the City’s Code, policies and laws regarding usage of the park.

We issued a public statement to media. We posted the law and ordinances on oversized signs at each entrance of Washington Square Park. Those signs were torn down and destroyed. We then handed out flyers with the same information to those in the park. Chief Sheppard personally addressed the individuals in the park several times informing them of the City’s intent to enforce the law. Before any enforcement activity took place, the Chief again warned those in the park and gave them ample time to vacate. We wanted to ensure that anyone in the park had clear information of what would occur. Those who chose to stay, chose to be arrested. To their credit, it was an orderly process with Chief Sheppard personally making the arrests.

As Mayor, it is my responsibility to ensure that demonstrators respect the right of all citizens to have access to public facilities and that the health and safety of all citizens is protected. The laws and ordinances of the City of Rochester prohibit camping and establish the hours of operation in our City parks. Those policies and regulations have been developed over time to ensure that public health, safety and very importantly, public access to such areas is maintained. A march on public sidewalks must still allow for other pedestrians, who have every right to use the sidewalks. Traffic devices must be obeyed as those using our streets have a right to pass through our city. Public areas are meant for use by the entire public and not for the few. Washington Square Park was meant for public use and enjoyment and not to be covered in tents or to be lived in.

Selective enforcement in other cities has lead to confusion and confrontation. The City will continue to welcome the First Amendment activities of citizens who want to voice their concerns to their government. However, we ask in turn that those who engage in such activity respect the rights of others and respect the free access to public spaces for all of our citizens.

-30-

News Media: For more information, contact Gary Walker at 202-3552.