Was There A Violation Of The Handschu Decree During A Peaceful NYC School Protest? Part 1

Last Thursday afternoon, January 21, on E. 79 St., across from the mayors mansion, parents, students and teachers peacefully protested against the administrations proposals to force mass closings of public schools and their takeover by charter schools. They were exercising their constitutional right under the First Amendment to publicly demand that these policies that undermine the public school system and deprive their children of an adequate education be stopped.
Meanwhile, a reporter on the scene caught on videotape the actions of police who were taking photographs of the protesters from the roof and inside a private school across the street. In 1985, the federal court ruled that it is illegal and a violation of civil rights for the New York City police to take photos of protesters, unless they have cause to believe that a crime may be committed. The city signed a consent agreement that year, restricting police surveillance according to these rules, called the Handschu Guidelines. In the case of this peaceful protest, there was no such cause. The video is available on YouTube at http://www.youtube.com/watch?v=wbNRt-5OZ68
The protesters are asking for a full explanation as to why the pictures were taken and how the police plan to use the photos. The protestors also want to know whether any videotaping of them was done. Finally, they are considering filing a complaint with Judge Charles S. Haight Jr., the federal judge who has continuing jurisdiction over the enforcement of the Handschu Guidelines.
Quote from a parent who was at the event:
The illegal surveillance of a peaceful group of orderly, organized protesters is yet another example of this administration's autocratic and unreasonable rejection of the voices of parents, students, teachers and taxpaying citizens in this city. Mayoral control has already attenuated our opinions to the point of irrelevance; by treading on our basic First Amendment rights to gather and protest peacefully last week this Mayor has once again shown his true colors: they are NOT red, white and blue.
Quote from a teacher who was at the event:
"This type of intimidation and undemocratic action by the mayor is the very reason why the community believes he is destroying public education. No matter how good the intentions, when one man shuts out the voices of the community, and believes that his beliefs should have special status above all others: whether it concerns first amendment rights, decisions regarding public education, or the legal use of the police force - it is a danger to the very essence of our democratic ideals,
For background on the Handschu Decree
http://www.nyclu.org/node/731
http://www.villagevoice.com/2002-12-17/news/the-nypd-wants-to-watch-you/1

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News & Politics

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• Handschu Decree
• NYC Public School Protest
• Norman Siegel
• Mayor Bloomberg