WEBVTT 1 00:00:00.200 --> 00:00:04.000 That takes us to item number fourteen. Number fourteen is 2 00:00:04.080 --> 00:00:07.599 to discuss and take possible action to approve a resolution 3 00:00:07.799 --> 00:00:11.960 pertaining to public safety, loot acts in public protest, and 4 00:00:12.000 --> 00:00:16.000 the constitutional rights of the public in public spaces. This 5 00:00:16.000 --> 00:00:19.199 will be presented initially. I'm sure there'll be discussion with 6 00:00:19.359 --> 00:00:21.239 my mister black Bailey, our city manager. 7 00:00:22.079 --> 00:00:25.760 Thank you, Eric. So I've got a presentation that actually 8 00:00:25.800 --> 00:00:28.519 goes through this resolution in detail, because I think it's 9 00:00:28.559 --> 00:00:33.280 important that we go through and make sure that more 10 00:00:33.320 --> 00:00:35.880 the public than the council is clear on exactly what 11 00:00:35.920 --> 00:00:38.880 it is that's being proposed. Before I do that, I 12 00:00:38.960 --> 00:00:41.079 kind of wanted to get into the history for the 13 00:00:41.079 --> 00:00:44.640 public's benefit as to how this even came about. So 14 00:00:46.200 --> 00:00:49.320 in twenty twenty two, I believe, was when we had 15 00:00:49.439 --> 00:00:53.759 the last public directions that try was and after that 16 00:00:53.799 --> 00:00:56.479 there was a public outcry and of course this city 17 00:00:56.520 --> 00:01:00.840 Council went through a period of examination to determine what 18 00:01:00.920 --> 00:01:03.759 we could do based on legal precedents, and it was 19 00:01:03.799 --> 00:01:06.840 fairly undeveloped at that point in time. There were states, 20 00:01:06.879 --> 00:01:09.319 and there were cities, and there were other jurisdictions that 21 00:01:09.439 --> 00:01:13.680 were attempting to enter into regulations and we were uncertain 22 00:01:13.719 --> 00:01:16.959 how those were going to go. As it started to develop, 23 00:01:17.000 --> 00:01:19.200 it developed largely the way that we thought it would. 24 00:01:19.239 --> 00:01:24.159 The courts were upholding the constitutional rights of the performers, 25 00:01:24.959 --> 00:01:28.120 and so regardless of public opinion, or regardless of personal 26 00:01:28.120 --> 00:01:31.799 opinion or the council's personal opinion, the reality was that 27 00:01:31.840 --> 00:01:36.159 the courts were protecting the rights of performers. So that 28 00:01:36.319 --> 00:01:39.719 was the legal environment we were operating under. Fast forward 29 00:01:39.719 --> 00:01:44.120 two years, we're here again, this Will and the Barlsville 30 00:01:44.120 --> 00:01:47.120 Equality which used to be Alclahms for Equality. Barlsville has 31 00:01:47.159 --> 00:01:49.359 announced that they're going to hold a public drag show 32 00:01:49.480 --> 00:01:52.359 on September fourteenth this year. I got to day right 33 00:01:53.840 --> 00:02:01.480 on September fourteenth that year, so with that the city Council, 34 00:02:01.560 --> 00:02:05.079 once we were informed of this, the major concerns revolved 35 00:02:05.120 --> 00:02:08.240 around the safety of the public. And what we have 36 00:02:08.360 --> 00:02:12.080 seen in the past as it related to these performances 37 00:02:12.199 --> 00:02:16.120 is that they do draw protest, and while both the 38 00:02:16.159 --> 00:02:19.159 performance and the protest are protected under our Constitution in 39 00:02:19.240 --> 00:02:23.639 the first Amendment, both of those are subject to certain 40 00:02:23.719 --> 00:02:27.639 rules and regulations intended to protect the public. So that 41 00:02:27.879 --> 00:02:31.759 was the environment that we were all operating under. Over 42 00:02:31.800 --> 00:02:34.560 the last few weeks, I've had a number of conversations 43 00:02:34.599 --> 00:02:39.400 with city council members, and so this resolution, while I'm 44 00:02:39.400 --> 00:02:43.400 presenting it, while I helped to draft it, it was 45 00:02:43.479 --> 00:02:46.479 done at the request of the City Council, and so 46 00:02:46.879 --> 00:02:48.960 I say this as much for the public's knowledge as 47 00:02:48.960 --> 00:02:50.680 your own. You're all well aware I've had a lot 48 00:02:50.680 --> 00:02:53.759 of conversations with all of you this I believe this 49 00:02:53.879 --> 00:02:57.080 resolution incorporates all the feedback that I've received in one 50 00:02:57.120 --> 00:03:01.120 on one conversations with you all, and that is where 51 00:03:01.120 --> 00:03:04.960 we find ourselves tonight. Now, a resolution is not an ordinance. 52 00:03:05.039 --> 00:03:07.319 It doesn't carry the weight of law. A resolution is 53 00:03:07.360 --> 00:03:09.400 only expressing the will of the council, and so that's 54 00:03:09.400 --> 00:03:13.400 exactly what this does. Resolution is typically composed two parts, 55 00:03:13.400 --> 00:03:15.280 so there will be a ware ass section and an 56 00:03:15.360 --> 00:03:19.120 ware ass section essentially the story of the resolution is taught, 57 00:03:19.719 --> 00:03:22.439 and then there will be a section that is that follows. 58 00:03:22.599 --> 00:03:24.520 Now therefore be a resolve by the City Council of 59 00:03:24.520 --> 00:03:27.280 the City of Partsville, and that's the section that actually 60 00:03:27.319 --> 00:03:30.719 has some degree of weight or a required action. So 61 00:03:30.960 --> 00:03:33.199 we're going to start tonight by going through the were 62 00:03:33.240 --> 00:03:35.080 ass is just so that we're all on the same 63 00:03:35.120 --> 00:03:38.639 page and the first so this is the entire resolution 64 00:03:38.879 --> 00:03:40.680 is on here. So if you have not had an 65 00:03:40.719 --> 00:03:44.319 opportunity to review this yet, you will have an opportunity 66 00:03:44.319 --> 00:03:46.319 to review it with me. I will read it word 67 00:03:46.360 --> 00:03:49.080 from work. It's available for the public. It's available in 68 00:03:49.120 --> 00:03:51.919 the Council's packet, so anyone who cares to know what 69 00:03:52.000 --> 00:03:56.159 is in the resolution is certainly available for you. That 70 00:03:56.240 --> 00:03:57.800 was interesting. We've got a little bit of feedback there 71 00:03:57.840 --> 00:04:00.800 all of a sudden. So the first thing in any 72 00:04:00.840 --> 00:04:03.240 resolution I said was the whareas, But actually the title 73 00:04:03.319 --> 00:04:05.879 is the first required part of any resolution, and so 74 00:04:06.039 --> 00:04:09.000 this one essentially is titled the Resolution to the City 75 00:04:09.000 --> 00:04:11.639 Council the City of Marlsville pertaining the Public Safety, Loot 76 00:04:11.680 --> 00:04:15.199 Acts in public protest the Constitutional rights of the public 77 00:04:15.280 --> 00:04:17.759 in public spaces. So if that's all you read, then 78 00:04:17.800 --> 00:04:20.600 you probably have a misunderstanding of what it is that 79 00:04:20.639 --> 00:04:24.560 we're here to do tonight. The whereas is then layout 80 00:04:25.079 --> 00:04:26.920 a lot of what I just discussed with you on 81 00:04:27.519 --> 00:04:30.000 It gives a little bit of the history, It describes 82 00:04:30.079 --> 00:04:34.959 the legal environment, It discusses the rights and obligations of 83 00:04:35.040 --> 00:04:38.319 all the parties involved in this, and I believe that 84 00:04:38.639 --> 00:04:41.240 I think as we go through this, everyone will see 85 00:04:41.279 --> 00:04:43.839 that this is very fair and balance and it is 86 00:04:43.959 --> 00:04:46.519 very much within our legal authority as a city, which 87 00:04:46.639 --> 00:04:49.279 is a great concern. So while there is a concern 88 00:04:49.360 --> 00:04:52.879 for the public safety, there is also concern over us 89 00:04:53.000 --> 00:04:56.519 not exceeding our legal authority. I think that everyone in 90 00:04:56.600 --> 00:04:59.279 this room, in fact is a champion of limited government, 91 00:04:59.839 --> 00:05:03.759 that everyone on this diaceis, and so that is we 92 00:05:03.800 --> 00:05:07.439 are trying to accomplish only what is within our forty 93 00:05:07.480 --> 00:05:11.800 to accomp So with that said, we as I said, 94 00:05:11.800 --> 00:05:14.720 this kind of tells the story. This tells the story 95 00:05:14.720 --> 00:05:18.000 of the resolution. So the first point is that this 96 00:05:18.120 --> 00:05:21.800 started because there was a Pride celebration and it did 97 00:05:21.839 --> 00:05:24.399 have a public drag show back in September tenth of 98 00:05:24.480 --> 00:05:28.720 twenty twenty two. After that there was a large concern 99 00:05:28.959 --> 00:05:31.000 or there were a large number of concerns expressed by 100 00:05:31.000 --> 00:05:33.639 the public and the council was requested to look into 101 00:05:33.680 --> 00:05:38.079 this and act on them. So the next one is 102 00:05:38.240 --> 00:05:40.759 essentially to talk about the duty of the city council, 103 00:05:41.079 --> 00:05:44.680 And the city council has two of their highest duties 104 00:05:44.920 --> 00:05:47.639 are number one and in fact, you all took an 105 00:05:47.639 --> 00:05:51.800 oath of this and we just recognized constitution week. Both 106 00:05:51.839 --> 00:05:54.800 of those things are your highest duties, and it is 107 00:05:54.879 --> 00:05:58.519 specifically to uphold the constitutional rights of all people under 108 00:05:58.560 --> 00:06:02.319 your jurisdiction. This doesn't matter whether these are people who 109 00:06:02.399 --> 00:06:04.720 you agree with or not. It is still our obligation 110 00:06:04.800 --> 00:06:07.680 of all the rights. So that's the first framework. The 111 00:06:07.720 --> 00:06:10.800 second framework is that one the other highest duty of 112 00:06:10.839 --> 00:06:13.959 the city Council is protect the public and to protect 113 00:06:13.959 --> 00:06:17.959 the public safety. And so that goes into the third one, 114 00:06:18.000 --> 00:06:21.160 which is essentially the council recognizing that it is enshrined 115 00:06:21.199 --> 00:06:24.560 in our constitution the right to assemble to peaceably a symbol. 116 00:06:25.519 --> 00:06:28.360 That is an important component of this obviously is to 117 00:06:28.439 --> 00:06:32.240 peaceably a symbol. Now that is both for celebration and protest. 118 00:06:32.639 --> 00:06:35.720 So we are recognizing the rights of everyone who might 119 00:06:35.759 --> 00:06:38.839 be involved in this, whether it be an attendee, a performer, 120 00:06:39.000 --> 00:06:42.360 or a protester. It is a given under our constitution 121 00:06:42.480 --> 00:06:46.879 that they all have equal rights. So then we start 122 00:06:46.920 --> 00:06:50.279 to get down into a little bit of the legal environment. 123 00:06:50.360 --> 00:06:53.079 And if you all have specific questions about this on 124 00:06:53.120 --> 00:06:54.639 the fur and the jest, but I can think I 125 00:06:54.680 --> 00:06:58.000 can summarize it adequately. The first, and I think one 126 00:06:58.040 --> 00:07:00.959 of the most important points on this is that during 127 00:07:01.000 --> 00:07:03.680 that period of which there was regulation being proposed for 128 00:07:03.800 --> 00:07:07.240 drag performances, the state of Oklahoma considered two separate bills 129 00:07:07.439 --> 00:07:10.639 that were intended to regulate drag performances. It was Center 130 00:07:10.680 --> 00:07:13.120 Built fivel oh III in House Built twenty one eighty six. 131 00:07:14.639 --> 00:07:17.600 It is my understanding they were advised that the regulations 132 00:07:17.600 --> 00:07:21.399 that they were proposing were unconstitutional and that as a result, 133 00:07:21.519 --> 00:07:24.639 they elected not to proceed with those I think that 134 00:07:24.639 --> 00:07:27.759 that is then supported by all of the jurisprudence that 135 00:07:27.800 --> 00:07:30.680 has occurred since then. So we have listed all of 136 00:07:30.680 --> 00:07:33.120 the really relevant cases. There's five of them up here. 137 00:07:33.160 --> 00:07:34.839 I want to go into detail of them. I'll just 138 00:07:34.879 --> 00:07:38.319 sort of summarize that all of the jurisprudence at this 139 00:07:38.360 --> 00:07:44.600 point in time is indicating that drag is protected expression 140 00:07:44.800 --> 00:07:49.600 under the First Amendment of the Constitution. So again, absolute 141 00:07:49.600 --> 00:07:52.720 personal feelings and how we would wish this to be 142 00:07:53.480 --> 00:07:55.199 the law of the land. The highest law of the 143 00:07:55.240 --> 00:07:58.399 land at this point in time recognizes it as protected speech, 144 00:07:58.519 --> 00:08:03.600 protected expression, So that is what these cases are. Essentially. 145 00:08:03.720 --> 00:08:07.399 All of these cases have not ended favorably for the 146 00:08:07.439 --> 00:08:10.920 regulatory body who is attempting to regulate drag as it 147 00:08:10.959 --> 00:08:14.839 relates to the First Amendment. They are all I think 148 00:08:14.879 --> 00:08:16.879 it's important to note that they are all in various 149 00:08:16.879 --> 00:08:20.160 states of appeal. I think that this ultimately will probably 150 00:08:20.199 --> 00:08:22.079 be heard by the Supreme Court of the United States, 151 00:08:22.279 --> 00:08:24.800 and at that point in time we will have final 152 00:08:24.839 --> 00:08:27.879 guidance on what this landscape looks like. But this is 153 00:08:27.879 --> 00:08:31.000 where we are today. These five cases in particular, have 154 00:08:31.120 --> 00:08:35.080 all been mentioned at various times. The city Attorney has 155 00:08:35.159 --> 00:08:37.399 kept you up to date on anything that has occurred 156 00:08:37.399 --> 00:08:40.080 with these over time, and again, if you have specific 157 00:08:40.159 --> 00:08:42.519 questions about those, I'm sure Jess can answer them, but 158 00:08:43.879 --> 00:08:46.320 I will bore everyone with going into the details of it. 159 00:08:48.320 --> 00:08:51.360 So the next part of the story is that even 160 00:08:51.399 --> 00:08:55.639 though both of these things are protected speech, that they 161 00:08:55.639 --> 00:08:59.279 are protected by our Constitution, they are subject to reasonable limitations. 162 00:09:00.120 --> 00:09:04.519 So specifically we have listed the types of limitations that 163 00:09:04.720 --> 00:09:08.159 could and it doesn't necessarily mean that these things have occurred. 164 00:09:08.200 --> 00:09:12.320 It simply these are things that could limit freedom of expression. 165 00:09:12.840 --> 00:09:16.639 And so in particular, there are several state statutes and 166 00:09:16.799 --> 00:09:22.279 several local ordinances that apply. There are prohibitions against disturbing 167 00:09:22.320 --> 00:09:27.480 the peace. There are prohibitions against indecent exposures of genitals 168 00:09:27.480 --> 00:09:32.559 in a public place. There are prohibitions of not only 169 00:09:32.600 --> 00:09:35.320 disturbing the peace of the municipal Code, but also prohibits 170 00:09:35.320 --> 00:09:39.559 exposing children to loud in Lacivia's acts. Now, when it 171 00:09:39.559 --> 00:09:43.639 comes to loud in the Sivia's acts, these have legal definitions, 172 00:09:44.320 --> 00:09:48.240 and so again, absent feelings and whether or not we 173 00:09:48.440 --> 00:09:51.360 think that what has occurred was loud in Lacivia's, these 174 00:09:51.399 --> 00:09:54.320 all have legal definitions. And again, as we have seen 175 00:09:54.360 --> 00:09:59.240 in these previous cases, regardless of what we thought was 176 00:09:59.320 --> 00:10:03.440 lud or is, the courts have not agreed. And so 177 00:10:04.000 --> 00:10:07.279 that is where we are is understanding that yes, these 178 00:10:07.320 --> 00:10:10.039 limitations exist, but they do. All of these things have 179 00:10:10.639 --> 00:10:13.840 legal have legal definitions, and they might not agree with 180 00:10:13.879 --> 00:10:16.159 what our personal definitions are for these things, but that's 181 00:10:16.159 --> 00:10:19.480 the way the law works. So keeping all of that 182 00:10:19.679 --> 00:10:23.440 in mind, the Council also recognizes that protesters and counter 183 00:10:23.480 --> 00:10:28.919 protesters have a right to assemble peaceably, but again they 184 00:10:28.960 --> 00:10:33.519 are also limited by certain things. In particular, the things 185 00:10:33.559 --> 00:10:37.039 that are more relevant are again deserving the peace, and 186 00:10:37.080 --> 00:10:41.559 then there are also constitutionally supported restrictions on reasonable time, 187 00:10:41.639 --> 00:10:47.759 place and manner. This is those areas are very difficult 188 00:10:48.519 --> 00:10:50.840 and that they're fraught with peril because we get into 189 00:10:50.879 --> 00:10:56.799 constitutional law. However, reasonable time, place and manner telling the 190 00:10:56.840 --> 00:11:00.519 protesters that you need to protest in this space and 191 00:11:00.600 --> 00:11:04.480 keeping them separate from the event, and also keeping the 192 00:11:04.519 --> 00:11:08.639 counter protesters separate from the protesters. Those are all reasonable time, place, 193 00:11:08.639 --> 00:11:11.799 and manner restrictions. Those are not content based. That's specifically 194 00:11:11.879 --> 00:11:14.240 focused on both safety, so we have the right to 195 00:11:14.360 --> 00:11:19.519 restrict based on those things, and then getting into the 196 00:11:19.600 --> 00:11:22.840 events that are occurring. That honestly led us to tonight. 197 00:11:23.480 --> 00:11:26.720 There is a public outdoor drag event plan for the 198 00:11:26.759 --> 00:11:31.159 Pride celebration on September fourth of this year, so that's 199 00:11:31.279 --> 00:11:34.600 later this month. We also expect a protest at that 200 00:11:35.200 --> 00:11:37.039 and in the past when there has been a protest 201 00:11:37.080 --> 00:11:39.039 at a Pride event, there has been a counter protest. 202 00:11:39.360 --> 00:11:42.720 And again, my personal feelings, your personal feelings, they don't 203 00:11:42.720 --> 00:11:45.320 really play into it because all of those parties have 204 00:11:45.360 --> 00:11:48.120 a right to do that. They have a right to protest, 205 00:11:48.240 --> 00:11:50.000 they have a right to counter protest, they have a 206 00:11:50.080 --> 00:11:53.320 right to assemble in celebration. So all of these things 207 00:11:53.320 --> 00:11:56.759 are perfectly lawful events that do suffer from some restrictions. 208 00:11:57.840 --> 00:12:01.960 The concerns as it relates to those are the possibility 209 00:12:02.000 --> 00:12:05.000 of public safety. And I will say, and have told 210 00:12:05.000 --> 00:12:08.480 this council before, I do have great concerns about public 211 00:12:08.480 --> 00:12:12.440 safety implications for everyone involved, whether it be protesters, attendees, performers, 212 00:12:12.480 --> 00:12:17.399 or counter protesters. There have been I think valid threats 213 00:12:17.440 --> 00:12:23.159 against all parties, So I have some concerns about that. 214 00:12:23.159 --> 00:12:27.440 That leads us into the next one, the city Council's 215 00:12:27.440 --> 00:12:30.000 need concerned about the public safety. You all share that 216 00:12:30.399 --> 00:12:33.200 this is not my fear alone, this is one that 217 00:12:33.279 --> 00:12:37.600 you all share. So the final part of this is 218 00:12:37.720 --> 00:12:40.360 essentially what the city council was doing. And so the 219 00:12:40.399 --> 00:12:46.679 city council is providing guidance, actually providing direction to myself, 220 00:12:47.679 --> 00:12:51.080 and I will provide that to the city, to the 221 00:12:51.159 --> 00:12:53.799 chief of police. The chief of police will then assemble 222 00:12:53.840 --> 00:12:56.840 an operations plan, assuming that this is adopted, that will 223 00:12:56.840 --> 00:12:59.399 follow the guidelines that are laid out. So that's kind 224 00:12:59.399 --> 00:13:01.480 of the story that let us down to what I 225 00:13:01.519 --> 00:13:03.559 told you before. Now therefore be it resolved by the 226 00:13:03.600 --> 00:13:05.600 City Council of the City of Barlsville. Back so this 227 00:13:05.679 --> 00:13:08.559 is now the wishes of the Council, and in particular 228 00:13:09.360 --> 00:13:14.039 you are providing direction to me. There's five points. This 229 00:13:14.159 --> 00:13:16.200 is actually the shortest part of the resolution. Believe it 230 00:13:16.279 --> 00:13:19.399 or not, it's relatively succame. But there are five points. 231 00:13:19.679 --> 00:13:22.480 The first of which is a sufficient number of officers 232 00:13:22.519 --> 00:13:25.000 shall be assigned to Unity Square and surrounding areas set 233 00:13:25.000 --> 00:13:27.440 aside for protest to ensure the safety of protesters and 234 00:13:27.480 --> 00:13:33.480 participants a lot. So this is essentially this is a 235 00:13:33.559 --> 00:13:36.000 patrol of the area. So this is the first assignment 236 00:13:36.039 --> 00:13:39.320 that the Council has asked that the police undertake. This 237 00:13:39.480 --> 00:13:41.960 is a general assignment to patrol the area to ensure 238 00:13:41.960 --> 00:13:44.240 the public safety of all involved. I think this helps 239 00:13:44.279 --> 00:13:48.120 to address the concerns in particular that I have. So 240 00:13:48.960 --> 00:13:50.960 then under each of these, by the way, there will 241 00:13:51.000 --> 00:13:53.919 be three assignments that you all have decided upon. One 242 00:13:53.919 --> 00:13:55.440 of this is the first one, and then all of 243 00:13:55.440 --> 00:13:57.159 the others will look a lot like this with their 244 00:13:57.200 --> 00:14:00.440 sub bullet points. Essentially, you all would like for all 245 00:14:00.519 --> 00:14:04.919 officers to receive training so that they understand specifically the 246 00:14:05.000 --> 00:14:07.960 laws and regulations as they relate to the society. And 247 00:14:08.039 --> 00:14:10.639 so we've identified some of those laws and those rules 248 00:14:10.679 --> 00:14:12.799 and the things that are going to be particularly applicable. 249 00:14:13.039 --> 00:14:15.399 We train our officers all the time, and we do 250 00:14:15.440 --> 00:14:18.000 a really good job of training our officers, but this 251 00:14:18.120 --> 00:14:21.279 event could be very high tension, and so in order 252 00:14:21.360 --> 00:14:23.600 to ensure that we do the best job that we can, 253 00:14:24.240 --> 00:14:27.480 you have asked that they receive specific and a high 254 00:14:27.559 --> 00:14:33.039 level of specific training related to desires. Also, you have 255 00:14:33.159 --> 00:14:36.120 then talked about officers assigned such duties shall be responsible 256 00:14:36.159 --> 00:14:38.759 for enforcement of all public service laws, preserving the rights 257 00:14:38.759 --> 00:14:43.240 of protesters, and ensuring the safety of all involved. You 258 00:14:43.360 --> 00:14:46.519 are also asking that we have open communication. This has 259 00:14:46.600 --> 00:14:48.879 actually started. I was in contact with one of the 260 00:14:48.879 --> 00:14:52.600 protesters who had notified every day that he planned to participate. 261 00:14:53.120 --> 00:14:55.240 I directed him to the Chief of police, who will 262 00:14:55.279 --> 00:14:57.639 be responsible for the operations plan. That way they can 263 00:14:57.679 --> 00:15:00.480 communicate and there shouldn't be in surprises today. Up, I 264 00:15:00.519 --> 00:15:03.639 know that the chief has also reached out to Barnesville. 265 00:15:03.759 --> 00:15:06.279 Quality of the organization is putting this one for the 266 00:15:06.279 --> 00:15:09.000 same purpose. Support I say he has or he will. 267 00:15:09.879 --> 00:15:12.919 And so that's the first one. The second one, as 268 00:15:12.919 --> 00:15:15.000 I said, these all look very simple, very similar, and 269 00:15:15.039 --> 00:15:17.960 I'm sorry, I'm misstated on this one. This is specifically 270 00:15:18.279 --> 00:15:21.360 you really ask me to have officers assigned to the 271 00:15:21.480 --> 00:15:25.919 area of protest. In particular, you wanted that so that 272 00:15:26.519 --> 00:15:30.759 we can help to prevent any public safety issues that 273 00:15:30.840 --> 00:15:34.039 might occur as tensions rise between protesters account of contests. 274 00:15:34.399 --> 00:15:37.559 So that first group will be assigned primarily to the 275 00:15:37.639 --> 00:15:40.639 area of the protest. The second group is what I 276 00:15:40.679 --> 00:15:43.039 described earlier. This is actually a group to patrol the 277 00:15:43.159 --> 00:15:48.000 entire premises are there with the purpose of ensuring public safety, 278 00:15:48.879 --> 00:15:51.200 and so and again we're requesting that they receive a 279 00:15:51.240 --> 00:15:53.679 high level of training specific to their duty, which their 280 00:15:53.759 --> 00:15:56.279 duty again is general security and patrol to ensure the 281 00:15:56.279 --> 00:16:00.440 safety of all involved. And then the final one is 282 00:16:00.519 --> 00:16:03.919 the same as before that we are encouraging and requesting 283 00:16:04.240 --> 00:16:06.879 open communication with all parties to try to ensure this 284 00:16:06.919 --> 00:16:10.240 is the smooth as possible it am number three again, 285 00:16:10.360 --> 00:16:13.360 sufficient number of officers. Now this one is unique to 286 00:16:13.600 --> 00:16:17.759 this performance, and it is specifically that you have requested 287 00:16:17.759 --> 00:16:20.600 that police officers shall be assigned to observe the performance. 288 00:16:21.840 --> 00:16:24.240 And by performance, I assume that what we're talking about 289 00:16:24.240 --> 00:16:26.039 here is the drag show, since that is the one 290 00:16:26.039 --> 00:16:31.159 that has generated some public concern. Again, these officers will 291 00:16:31.200 --> 00:16:34.039 be assigned to this duty, they'll get a high level 292 00:16:34.039 --> 00:16:37.039 of training in things that are particular to them. So 293 00:16:37.120 --> 00:16:40.759 we typically partner with the DA's office. We're hoping that 294 00:16:40.840 --> 00:16:43.600 he will provide that training. Expecting, I think Chief that 295 00:16:44.000 --> 00:16:47.080 the DA will provide that training. And so he will 296 00:16:47.080 --> 00:16:51.440 train us specifically on leudiness, on loot acts in accordance 297 00:16:51.480 --> 00:16:53.679 with the law. Again, these all have to be based 298 00:16:53.720 --> 00:16:57.000 on the law and exist depreshmen. So he will provide 299 00:16:57.080 --> 00:17:01.120 training on that. He'll provide training on exposure, disturbing the piece, 300 00:17:01.200 --> 00:17:03.480 all of those things that are relevant to this specific 301 00:17:03.480 --> 00:17:07.480 group officers and a side of this, and so they 302 00:17:07.519 --> 00:17:11.799 will they'll be responsible. They got specific responsibilities that we 303 00:17:11.839 --> 00:17:15.039 talked about, and this is dealing with public decency laws, 304 00:17:15.079 --> 00:17:17.680 preserving the rights of performers and event organizers. Deep in 305 00:17:17.720 --> 00:17:22.480 mind this is that everyone has everyone deserves our protection 306 00:17:22.519 --> 00:17:25.839 that's under our jurisdiction. And then the safety of performers 307 00:17:25.839 --> 00:17:31.039 and spectators. So again open communication is encouraged. Bullet point 308 00:17:31.160 --> 00:17:34.319 number four, you all have requested that all officers that 309 00:17:34.359 --> 00:17:36.599 are on duty at this time have a body warm 310 00:17:36.680 --> 00:17:39.279 camera and then it be on at all times, I 311 00:17:39.359 --> 00:17:47.200 think that this is sound. These events, especially when you're 312 00:17:47.200 --> 00:17:50.000 talking about protesters and counter protesters. It doesn't matter whether 313 00:17:50.039 --> 00:17:52.759 it is a Pride event or if it is a rally. 314 00:17:53.400 --> 00:17:57.440 These generate high tension. No one remembers exactly what occurred, 315 00:17:57.440 --> 00:17:59.599 that they remembered how they felt, and so when someone 316 00:17:59.599 --> 00:18:01.880 makes a plane typically what it is is based on 317 00:18:01.920 --> 00:18:07.920 how they felt. Having these cameras provides protection for our 318 00:18:07.960 --> 00:18:11.119 officers primarily, but it also provides a record of the 319 00:18:11.160 --> 00:18:15.119 event so that all allegations and concerns can be addressed 320 00:18:15.279 --> 00:18:19.720 by police administration. Myself. The final item is the city 321 00:18:19.720 --> 00:18:21.799 managers should make available and the Chief of Police all 322 00:18:21.839 --> 00:18:24.720 resources necessary to ensure the safety of the public, preserve 323 00:18:24.759 --> 00:18:27.720 the rights of all parties, and enforce all applicable rules 324 00:18:27.720 --> 00:18:32.079 and laws during this event. So that is essentially the resolution. 325 00:18:32.359 --> 00:18:35.920 I think that it is very well balanced towards preserving 326 00:18:35.920 --> 00:18:39.799 the rights of all involved, towards protecting the public safety, 327 00:18:39.960 --> 00:18:43.839 the public peace. And again I think that all of 328 00:18:43.880 --> 00:18:46.720 this and these are the conclusions after review, and the 329 00:18:46.759 --> 00:18:49.680 city attorney has also looked this over and given his 330 00:18:49.759 --> 00:18:53.240 opinion on it to me. But essentially, the first thing 331 00:18:53.359 --> 00:18:55.680 is is that all of the information and contained in 332 00:18:55.720 --> 00:18:59.400 the whereas clauses is true, that is all factual, and 333 00:18:59.680 --> 00:19:03.400 I think it lays out the case for not only 334 00:19:03.480 --> 00:19:06.680 our responsibilities and our obligations, but also our limitations, and 335 00:19:06.680 --> 00:19:10.440 I think it explains it very well. So understanding all 336 00:19:10.480 --> 00:19:14.160 of that, I also think that all of the instructions 337 00:19:14.160 --> 00:19:17.160 that are included the resolution are within our municipal authority. 338 00:19:17.200 --> 00:19:19.240 And I want to be careful of that. We are 339 00:19:19.279 --> 00:19:22.400 a municipal government, We have a high degree of responsibility, 340 00:19:22.960 --> 00:19:25.799 We have a tremendous amount of power. That all of 341 00:19:25.839 --> 00:19:29.279 the things that you have requested of myself to request 342 00:19:29.319 --> 00:19:32.960 of the police department are well within our municipal authority. 343 00:19:33.000 --> 00:19:36.680 I don't think we've colored in any gray areas. And 344 00:19:36.680 --> 00:19:38.279 then the final thing, and I think this is one 345 00:19:38.319 --> 00:19:40.039 of the most important as well, is that all of 346 00:19:40.079 --> 00:19:42.279 the things that you've asked of me are within our ability. 347 00:19:42.960 --> 00:19:47.440 There's been discussion about costs, there's been discussion about obligations, 348 00:19:47.480 --> 00:19:52.000 things of that nature. I would say that even absent 349 00:19:52.079 --> 00:19:58.839 this resolution, it would be unacceptable of me to not 350 00:19:59.160 --> 00:20:02.799 have a significan police presence at this event due to 351 00:20:02.920 --> 00:20:08.400 the potential damage to public safety. So we have always 352 00:20:08.440 --> 00:20:12.440 provided police presences, especially when there is a protest and 353 00:20:12.480 --> 00:20:16.680 a counter protest. We provide police presence. That is not 354 00:20:16.839 --> 00:20:19.359 at the request of an event organizer. It is not 355 00:20:21.440 --> 00:20:24.200 as an advantage to an event organizer. It simply is 356 00:20:24.279 --> 00:20:26.680 doing our job, one of which, and again one of 357 00:20:26.680 --> 00:20:29.240 our highest duties, is to preserve the public peace, protect 358 00:20:29.279 --> 00:20:34.279 public safety. So I believe that the resolution is fairly stated. 359 00:20:34.480 --> 00:20:38.279 I believe that the resolution is reasonable, and I believe 360 00:20:38.359 --> 00:20:42.799 that all of this will make our community safer and 361 00:20:42.839 --> 00:20:45.880 will ensure that all have to pull rules of law 362 00:20:45.920 --> 00:20:49.200 and fault that council. I'd be happy to answer any 363 00:20:49.279 --> 00:20:51.640 questions you have, although it came from you, somebode you 364 00:20:51.640 --> 00:20:52.400 should ask each other. 365 00:20:55.319 --> 00:20:58.759 There's a very thorough treatment of the subject. It is 366 00:21:00.039 --> 00:21:06.799 a subject that Elucid brings up great feelings, emotions. Sometimes 367 00:21:06.880 --> 00:21:10.279 my emotions overpower my logic and reason, and that is 368 00:21:10.319 --> 00:21:12.599 something to try to be careful and deal with this 369 00:21:12.680 --> 00:21:16.279 in a reasonable logical manner. I would note that has 370 00:21:16.359 --> 00:21:19.440 been mentioned that each member on this council takes an oath. 371 00:21:19.880 --> 00:21:23.839 I take oaths seriously. That oath is to uphold the Constitution, 372 00:21:24.319 --> 00:21:27.559 even if I don't agree with it. We can change laws, 373 00:21:27.599 --> 00:21:31.480 but we disobey and violate them at our own peril 374 00:21:31.799 --> 00:21:33.759 and in the case of this city Council, at the 375 00:21:33.799 --> 00:21:40.400 peril of the city citizens. It is very difficult to 376 00:21:40.480 --> 00:21:43.880 determine intent. We have talked about this at length in 377 00:21:43.920 --> 00:21:47.839 the last two years and if mister Kane will certainly 378 00:21:48.240 --> 00:21:51.960 correct me if I misstate, but those sorts of questions 379 00:21:51.960 --> 00:21:55.640 can only be settled in a court and not by 380 00:21:55.720 --> 00:22:00.960 this city Council to determine what someone's intent might be. Council, 381 00:22:01.359 --> 00:22:06.279 having heard mister Bailey's presentation of a subject, I know 382 00:22:06.319 --> 00:22:08.799 we would just as well talk about trash trucks are 383 00:22:09.640 --> 00:22:15.119 parks projects, but here we are. What are your thoughts, 384 00:22:15.160 --> 00:22:15.960 your questions? 385 00:22:19.640 --> 00:22:24.519 One thought I I have in addition to the resolution 386 00:22:24.640 --> 00:22:28.519 that you presented any we have several events that happen 387 00:22:28.599 --> 00:22:31.240 throughout the course of any given year, and those events 388 00:22:31.279 --> 00:22:34.400 have special event permits where they can use TI Green 389 00:22:34.599 --> 00:22:41.160 or Unity Squares is also known. Along with those permits 390 00:22:41.200 --> 00:22:46.200 or special event permits, city services are provided. And I 391 00:22:46.240 --> 00:22:48.759 know there's a lot of municipalities across the United States 392 00:22:48.759 --> 00:22:52.960 that have done probably research is to what the cost 393 00:22:53.039 --> 00:22:55.720 that goes into those across the board regardless of what 394 00:22:55.720 --> 00:22:59.160 the event is, and I would just ask that maybe 395 00:22:59.359 --> 00:23:02.400 city staff can do some additional research is to maybe 396 00:23:02.400 --> 00:23:05.559 what other municipalities have done so that the burden of 397 00:23:05.599 --> 00:23:08.640 the city services aren't absorbed completely by the city. 398 00:23:08.839 --> 00:23:11.559 Yes, sir, in fact, we do have a special event 399 00:23:11.960 --> 00:23:16.079 process that we go through. It charges for some things, 400 00:23:16.160 --> 00:23:18.720 but perhaps not for everything that we have an option 401 00:23:18.839 --> 00:23:21.559