Protests on First Friday and 14th & Broadway - Situation and Response

1. Protests for 5 Jun 15First Fridayand14th & BroadwayIncident #450 RD #15-029777

2. Situation • A protest has been organized to begin on 05 Jun 15 at 2000 hours at 23rd Ave & Telegraph. This is during the monthly First Friday event and within the venue. • First Friday is a street fair that takes place on Telegraph between W. Grand Ave & 27th St from 1700-2130 hours. • A second protest was also scheduled to occur the same day at 1900 hours at 14th St & Broadway. However, it was postponed on 4 Jun 15.

3. Situation First Friday

4. First Friday Protest • Protest organized on Facebook by “Fuck the Curfew” • The Facebook event was created on 23 May 15 • 450+ have RSVP’d as going as of 3 Jun 15. • Issues noted on the Facebook page include: • The City and Department’s new crowd control strategies, which are perceived as a curfew. • The Black Lives Matter movement.

5. 14th & Broadway Protest • Protest organized by local activist • The Facebook event was created on 1 Jun 15. • 140+ RSVP’d as going as of 3 Jun 15 • Issues noted on the Facebook page include: • The City and Department’s new crowd control strategies, which are perceived as a curfew. • On 4 Jun 15, the event organizer cited concerns about other events on 5 Jun 15 and rescheduled to 10 Jun 15. • It appears this event will no longer take place, but the area of 14th and Broadway continues to be a focal point for protesters.

6. Situation • The Department has attempted to establish a rapport with organizers, but have not received a response. • Organizers have had two weeks to generate support and have a focal point (First Friday), so a significant number of attendees are expected compared to similar protests in recent weeks. • Previous protests using similar monikers (i.e. FTP) have included violence and vandalism.

7. Situation • Since the perceived “curfew” on marches is one of the issues being protested, a protest march after dark is anticipated. • The destination of previous marches have included highways, BART, the PAB, other critical infrastructures, and the City of Berkeley. • Sunset on 5 Jun 15 is 2028 hours. • It will be dark at 2059 hours when civil twilight ends.

8. Timeline

9. Incident Command Structure

10. Operations Command Structure

11. Mobile Field Force

12. Protect life; Maintain officer safety; Protect vital facilities; Protect property; Maintain public peace and order; and Uphold constitutional rights of free speech and assembly while relying on the minimum use of physical force and authority required to address crowd management and crowd control issues. Mission

13. Facilitate planned or spontaneous lawful rallies and marches Prevent violence and property damage Enforce applicable laws and arrest specific individuals who are committing crimes When feasible to safely do so, commanders and supervisors are expected to take the initiative to address acts of violence and property damage Prevent unlawful marches in accordance with the City and Department’s directives regarding time, place, and manner Commander’s Intent

14. Gather information on the intent and plans of the event leaders/organizers/coordinators. Attempt dialogue with event leaders/organizers/coordinators. Establish visual surveillance on demonstrators prior to the rally/march. Monitor and facilitate the rally/march. Prevent/respond to acts of violence and major acts of property damage/vandalism and arrest those responsible for the acts. Key Tasks

15. Enforce applicable laws by identifying and arresting specific individuals engaged in unlawful behavior when safe to do so. If necessary, issue warning and/or dispersal orders and disperse crowds in an orderly manner to predetermined egress routes. Safely cite/arrest individuals who fail to disperse. Process arrestees in accord with OPD policy/procedures. Investigate uses of force, complaints and criminal acts in accord with OPD policy/procedures. Maintain strong team discipline. Key Tasks

16. No officers are injured First Amendment Rights of event participants safeguarded No acts of violence or vandalism occur Only reasonable force is employed in executing the mission End State

17. Concept of Operation • OPD will monitor the stated protest locations for activity. • OPD will evaluate the number of protesters and their activity and determine whether or not continued monitoring or deploying personnel to the protest locations will best accomplish the stated missions. • If it is determined that personnel should be deployed to the protest locations, officers will maintain a visible presence to discourage unlawful activity. • MFF Companies will remain mobile, flexible, and ready to respond to address crowds and crime concerns (violence or vandalism).

18. Concept of Operation • If protesters march, MFF companies will utilize an ‘L’ or ‘U’ shape to maintain close contact with any marches. OPD will channel the march away from predesignated “no march” areas. • The incident commander will determine whether or not to encircle an unlawful march. • OPD elements will use small unit tactics. • OPD will cite and arrest law violators when appropriate and safe to do so. • Outside LE Agencies (mutual aid) may be used for crowd control and/or deployment to predetermined quadrants/facilities if needed.

19. Concept of Operation Static Encirclement For Law Enforcement Only

20. Concept of OperationL-Formation Motor Officers Officers on Foot Sound Vehicle Van CROWD Van

21. Concept of OperationU-Formation Motor Officers Officers on Foot Sound Vehicle Van CROWD Van

22. Concept of OperationForce Protection Lines Police HQ For Law Enforcement Only

23. Concept of OperationSkirmish Lines/Encircle/Arrest For Law Enforcement Only

24. Tasks to Subordinate Units Alpha, Bravo, Charlie & Delta Companies Deploy to monitor protester activity in the downtown area (quadrants 1-4) to include FOP, and the area of 23rd St and Telegraph Ave. On order, facilitate marches, by trailing and/or paralleling the protesters. On order, maintain close, visible presence to monitor protester activity as directed. Identify and cite/arrest individuals committing crimes, when tactically feasible to do so. On order, maneuver to assist in crowd containment and control, and mass arrests, if required. This may include preventing crowd access to critical infrastructures or areas.

25. Tasks to Subordinate Units Motors/Dual Purpose Squads After briefing, patrol the downtown area including the area around First Friday event, maintaining a visible presence, enforcing laws, and citing for infractions. Pay attention to bicycle violations. On order, control traffic for the protest and/or march. Provide ongoing traffic control as needed. On order, provide force protection for vital facilities and/or MFFs.

26. Tasks to Subordinate Units Bicycle Squads After briefing, patrol the downtown area including the area around First Friday event, maintaining a visible presence, enforcing laws, and citing for infractions. Pay attention to bicycle violations. Monitor protester activity and identify criminal elements. Recon march route and target locations. Trail and/or parallel marches.

27. Tasks to Subordinate Units TNT Field Squads After briefing, respond to the downtown area including the area around First Friday event, prepared to respond to crowd activity. Conduct liaison with event leaders throughout the operation. Communicate with crowd during rallies and marches, in order to provide support, guidance, and direction. Be prepared to provide dispersal orders and egress routes. Provide frequent updates as to crowd size, composition, tempo, and posture.

28. Tasks to Subordinate Units Intel/Surveillance Unit After briefing, respond to the downtown area including the area around First Friday event, and look for protester activity. Gather and report information on crowd size, demeanor, activities, and direction of travel throughout the operation. Identify criminal behavior both inside and outside the crowd, and direct the Quick Reaction Force (QRF) or other MFF to effect arrests, when tactically advantageous to do so. A QRF will be attached to the team for security and officer rescue. (Code word: Blue, Blue, Blue / Identifier: Orange Baseball Cap).

29. Force & Arrest Posture OPD may encounter non-violent passive resistors (i.e. individuals that go limp). The following techniques shall be used (TB III-G): Handcuffing Verbal Persuasion Lifting, carrying, use of dollies or stretchers (if available) Use of control holds when approved by a sergeant OPD may encounter individuals who lock arms. Officers shall inform each individual that they are under arrest and provide verbal direction to give the arrestee a chance to comply before force is used to unlock arms. Persons who make it clear (e.g. sitting down, locking arms) that they seek to be arrested shall be arrested and not subject to other dispersal techniques, such as the use of batons or chemical agents.

30. Force & Arrest Posture OPD will target specific and identified criminal offenders for immediate arrest within the crowd. Tango teams will have the capability to deploy direct fire SIM (40 MM and DSFB rounds). These munitions will be used as a force option against individuals that are an immediate threat to life or serious bodily injury or substantial destruction of property which creates an imminent risk to life. OPD will provide unlawful assembly announcement, if necessary. OPD will engage in arrests of remaining protesters who do not disperse pursuant to announcement. The use of chemical agents may be used if authorized by the incident commander. Baton jabs are not authorized to move a non-compliant individual. Tasers and Aerosol Handheld Chemical Agents (OC) may not be used indiscriminately against crowds but only against individuals engaged in serious unlawful conduct or who are actively resisting (TB III-G). No exception to UOF policy or law (Graham v. Connor). All force must be objectively reasonable

31. Force & Arrest Posture148(a)(1)PC Officers may encounter individuals that stand directly IFO of officers assigned to skirmish lines & blow whistles or use other devices (blow horn, etc.) that may cause pain to ears/can lead to injury; & delay/obstruct discharge of duties. Ensure PDRD is on Give clear and direct orders to stop and move back Notify supervisor Tactical arrest Safe & Methodical Clearly document in report (148(a)(1)PC) Commanders/supervisors: Monitor the line, give direction, and ensure relief as needed

32. Downtown QuadrantDeployment (Broadway/14th Street) 1 1 2 4 3

33. Quadrant Rally Points Quadrant 1 650 20th St (Greyhound Lot) Quadrant 2 2300 Webster (YMCA Back Parking Lot) Quadrant 3 Embarcadero West / Fallon St (Estuary Park) Quadrant 4 7th St and Market (Acorn Supermarket Parking Lot)

34. No March Areas North of W. Grand Ave Uptown Auto Row Piedmont Ave Grand Ave/Lakeshore First Friday Chinatown Broadway-Harrison / 7th-11th St. Below I-880 / Jack London Square

35. West Oakland March Loop • W/B 14th St • S/B Mandela Pkwy • E/B 7th St • N/B Market St

36. Response to Marches Lawful march– OPD will work with protest leaders to facilitate marching of a single group westbound past I-980. One company will trail with the crowd. One company will walk alongside the crowd forming an “L” shape with the first company. After sunset, 2028 hours, OPD will work with protest leaders to end the march. Unlawful protest (stationary) – OPD will encircle, make announcements, and allow a metered egress through a single point (i.e. north sidewalk). Unlawful protest (marching) – OPD will attempt to channel the crowd to the sidewalk. If this is unsuccessful, channel the crowd to a predetermined block before encircling. The third and fourth companies will be directed to locations out of sight until moved in to encircle.

37. Response to Marches Any lawful marches will be channeled away from “no march” areas, westbound past I-980. Unlawful marches will be encircled and dispersed. The Department will not allow any unlawful marches. Protesters will be advised by TNT of the prohibition against marching and that entering the street is a violation. If protesters enter the street, at the order of the Operations Commander: Companies will encircle the protesters TNT will advise protesters to immediately exit the roadway TNT will declare an unlawful assembly Offenders observed violating VC sections will be arrested and cited The remaining people will be allowed to leave through a controlled egress point where they will be videotaped and again advised of the unlawful assembly

38. Contingency Plans Individuals obstruct free flow of traffic at major thoroughfares OPD will assess the time, place, and manner in which people are engaged in these acts The IC will determine whether or not to remove people based on the level of disruption, weighing practicality of moving the crowd to a sidewalk, duration of disruption, and impact of mass arrest if demonstrators refuse to comply Individuals march toward or on freeway OPD will work with CHP in an attempt to prevent protesters from accessing freeway. If crowds enter freeway, OPD will work with CHP to quickly remove protesters from freeway. If possible, OPD will attempt to issue citations for violation.

39. Contingency Plans Shots fired from within crowd Identify shooter and react if possible Seek cover positions Decision point to deploy chemical agents Decision point to arrest subject or rescue wounded UCs shall not draw weapon or engage shooter unless exigency exists to immediately protect life Individuals damage property At the direction of a commander and when tactically feasible, arrest team(s) will make surgical arrests of individuals who damage or destroy property. Individuals set fires OPD will use fire extinguishers to put out small trashcan fires. If needed, OPD escort officers will provide force protection to OFD to put out larger fires. At the direction of a commander, arrest team(s) will make surgical arrests of individuals who set fires.

40. Protesters take over a building or private lot refusing to leave Attempt to identify building or lot owner and determine if police services are requested for trespassing (unless obvious crimes are occurring). If police services are needed or requested, MFF will establish containment of building or lot, isolating the area from any crowds. MFF personnel will provide announcements for individuals to vacate the property. If necessary, MFF personnel will develop a plan to safely clear the building or lot using appropriate number of officers. Contingency Plans

41. Outside LE AgencyAssignments (if needed) Mutual Aid resources will have attached pathfinders. Pathfinders report to Staging (High & Tidewater) Pathfinders: Hit back in service once assignment is completed Agency name and size Complete detailed supplemental: Locations dispatched Actions taken to include # of arrests made, if UOF was observed, include types and # of munitions and chemical agents deployed

42. Media The media has a right to cover protests from any location the public is normally allowed. Leave the media alone and focus on protesters and those committing criminal acts. When in doubt, “Let the media film.” If they ask for a statement/questions, direct them to the PIO (one with each Platoon). If a detained individual claims to be media, contact the PIO. Media personnel are not exempt from arrest if they are involved in criminal acts.

43. AdministrationArrests Officers shall cite out misdemeanor violations unless there is reasonable likelihood that the offense would continue or resume or that the safety of persons or property would be immediately endangered by the release of the person (853.6i(7) PC). OPD Mobile booking team and prisoner transport vans will be available if needed. Prisoner vans stay with your assigned company

44. AdministrationReports ALL MFF members shall complete supplemental reports, documenting involvement in operation unless otherwise directed. Officers shall complete Preliminary Use of Force Reports (PUFR) for all UOFs. Officers shall complete Arrest Supplemental Information (ASI) sheets for all arrests. UOF and report writing completed at Squad level. Supervisors will complete unless directing force. Stop Data reporting is suspended during MFF operations. FIs will not be required. Document stops on supplemental report form. Assigned Report Writers & Tracking Tac 4 to log all arrests/cites, UOF, injuries

45. AdministrationPDRDs PDRDs shall be worn, if issued. In addition to usage per DGO I-15.1, members shall also activate their PDRDs in all of the following circumstances: When on skirmish lines, or otherwise in contact with protesters When conducting contacts, detentions, and arrests When processing prisoners Do not turn PDRDs off until the conclusion of these circumstances. Non-functioning PDRDs shall be removed from the uniform and stored on the person (advise supervisor). Note time and reason for non-functioning PDRD in supplemental report.

46. AdministrationComplaints Complaint units are responsible for responding to the field and processing complaints. Supervisors of officers receiving complaints shall advise radio of the complainant’s name (or description if no name available) and location. Dispatch shall notify complaint units. Complaints to be handled based on conditions: Under normal circumstances (static position, not engaged in confrontations with protesters): officers shall advise their supervisor of the complaint, without delay. Supervisors shall then advise the radio, without delay. Officers moving in skirmish line and/or in direct contact with confrontational protesters: officers shall note the time, location, and description of the complainant, and advise their supervisor, as soon as tactically feasible. Supervisors shall then advise radio, as soon as tactically feasible.

47. AdministrationEnd of Operation Report Flow Supervisors complete Unit Log with the names of all personnel in the unit. Document number of arrests / cites, UOF, injuries and property damage for their personnel. Supplemental Reports, ASIs, PUFRs, Unit Logs, Mass OT slips – reviewed at Squad and Platoon Leader levels, then submitted to Company Commander.

48. Command and Staging Primary Mutual Aid Staging: 4450 Tidewater EOC: 1600 block MLK Temporary Field CP: 500 14th St.

49. Communications Primary Operations – TAC/ OPD TAC 3 Secondary Operations – TAC/OPD TAC 4 Command/Logistics – TAC/OPD TAC 5 Staging – TAC/OPD TAC 6 PIO – TAC/OPD TAC 7 Mutual Aid - TAC/OPD TAC 8 Intel/Surveillance – TAC/OPD TAC 1E Service Channel— Patrol/SERV 3 ACSO Communication – EBRCSA: EB InterOp 1

50. Equipment Long sleeve BDUs Riot helmet with SERIAL number attached Long baton Gas mask with holder At least four flex cuffs per officer (marked with serial #) Safety Glasses Communication equipment and extra radio battery (handheld bullhorns for commanders) Personal Digital Recording Devices (PDRDs) Citation Book Prisoner wagons / Booking should have wire cutters on hand Food and water will be provided