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Protesters from Green Bay, Wisconsin say their constitutional rights have been violated by unlawful arrests during this summer’s Black Lives Matter peaceful protests.
According to plaintiffs Gerardo Rodriguez and Manali Oleksy, Green Bay officials unlawfully arrested them and other peaceful protesters despite the fact that they hadn’t broken any law. Allegedly, these arrests were made in response to the plaintiffs and other protesters exercising their constitutional rights.
This summer, peaceful protests were sparked around the country following the death of George Floyd – a Black Minnesotan – at the hands of Minneapolis police officers. After Floyd’s tragic death was recorded and went viral on the internet, Black Lives Matter protests were organized in major cities around the world to call for justice.
“The summer of 2020 will be known for its reawakening of people’s awareness of racial inequality that continues to pervade our public institutions. Unfortunately, it will also be known for fearful over-reactions, arrests and censorship of the voices that tried to bring us that message. The City of Green Bay, despite early efforts to support these voices, decided to criminalize them,” the Green Bay peaceful protest class action lawsuit says.
After Floyd was killed on May 25, Green Bay protesters scheduled peaceful demonstrations every day during that week.
Despite these protests being largely peaceful, third parties allegedly used these protests as an excuse for crimes of vandalism and theft on the night of May 31. Green Bay police chief Andrew Smith reportedly exaggerated the vandalism and theft by using terms such as “mob,” “riot” and “looting.”
Although these actions were committed by individuals who had split off from the larger protest group in downtown Green Bay, plaintiffs in the peaceful protests class action lawsuit say that these actions were “immediately and unfairly” attributed to the Black Lives Matter movement.
In response to the crimes, Green Bay’s mayor followed the example of cities such as Minneapolis and Milwaukee, Wisconsin by declaring a state of emergency and issuing a curfew. Although Minneapolis and Milwaukee benefited from these orders as they helped stop violence and rioting, plaintiffs in the Green Bay protests class action lawsuit claim that there was no real threat in the city to justify these orders.
Instead, the curfew was allegedly justified only by the city’s decision that Black Lives Matter peaceful protesters were a threat while exercising their First Amendment rights.
“This threat alone was both the justification and the purpose of the curfew,” Rodriquez and Oleksy explain in their class action lawsuit.
The curfew order reportedly served to “to prohibit anybody from being out in public streets,” though Green Bay officials later assured city residents that they would only be arrested if they were found engaging in “unlawful conduct.”
However, despite these assurances, Green Bay police officers were allegedly given “unfettered discretion” to decide who was violating the curfew. In practice, police officers exclusively arrested protesters, according to the plaintiffs.
Before curfew hours went into effect on June 1, police allegedly started to prepare for mass arrests with vans and officers in tactical gear. As soon as the curfew took effect, peaceful protests were reportedly given little to no notice before the arrests started.
“The protesters were barely given time to comply before teams of officers with assault rifles at the ready arrested them with a clear show of force and deposited them in the unmarked vans,” the plaintiffs contend.
To make matters worse, the plaintiffs say they were targeted by police due to their races. Rodriguez, who is Hispanic, and Oleksy, who is Indigenous, say that their non-Caucasian status caused Green Bay police officers to target them for unlawful arrests.
According to the plaintiffs, they should not have been arrested since they were not engaging in unlawful conduct. In contrast, the peaceful protesters were allegedly following the law and were exercising their constitutional rights under the First Amendment.
The plaintiffs seek to represent a Class of individuals who were cited or arrested under Green Bay’s curfew order, including those participating in peaceful protests.
Rodriguez and Oleksy ask the federal court in Wisconsin to declare that Green Bay officials and police officers acted unconstitutionally. The plaintiffs ask the court to expunge related damages and order the defendants to pay damages.
Did you participate in peaceful protests earlier this year? Share your story in the comment section below.
The Green Bay peaceful protesters are represented by David R. Hassel of Hassel Law.
The Green Bay Protesters Class Action Lawsuit is Gerardo Rodriguez, et al. v. The City of Green Bay, Case No. 1:20-cv-1819, in the U.S. District Court for the Eastern District of Wisconsin.
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2 thoughts onPeaceful Protesters File Class Action Lawsuit Over Curfew Arrests
It’s out of control. I think all lives matter but screaming it in the streets and ripping down historical markers and statues is destroying American heritage. I think all of these statues of Christopher Columbus, Booker Washington, etc; remind us how far we have come and encourage us to go even further. I personally don’t know anyone who was a slave or slave-owner. You don’t either so get over it. For the most part people are treated fairly, unless you’re breaking some law. If you break the law be prepared for the consequences. All Americans regardless of their skin color need these reminders and statues. Quit hating your brother. Love one another.
Add me please