In a presidential debate Donald Trump famously said about the Proud Boys, "stand back and stand by," when asked to denounce white supremacist groups such as the Proud Boys.
It looks like the Salem Police Department heard those words and decided it applies to them when it comes to enforcing city ordinances during Proud Boy marches in our city.
KATU News photo of November 14 Proud Boys rally in Salem
Salem police officers have been standing back and standing by when the Proud Boys come to town, openly carrying firearms and marching through streets without a permit.
Here's a letter that Jim Scheppke sent today to the board of the South Central Association of Neighbors, the neighborhood organization that includes the area the Proud Boys marched through on the way to the Governor's mansion.
Scheppke presents arguments and evidence that make a persuasive case against the let 'em do whatever they want attitude of the Salem Police Department toward this far-right extremist group that takes pride in scoffing at laws that the rest of us have to abide by.
After the letter I've shared a video showing the Proud Boys march.
Dear SCAN Board:
I am very concerned that the Proud Boys/Women for Trump march through the streets of SCAN on Friday was a clear violation of City code that saw no enforcement by the Salem Police Department. I wanted the Board to understand exactly how wrong this was. We need to demand that the next time this happens our code is enforced so that our neighbors don’t have to suffer this again and again.
HOW THE PROUD BOYS/WOMEN FOR TRUMP MARCH VIOLATED CITY CODE
Chapter 104 of the Salem Revised Code has the purpose of allowing “expressive activities” in the City while at the same time “establishing reasonable time, place and manner regulations of these activities; and to create mechanisms for cost recovery and use charges” for such activities.
Any activity in which persons “assemble or travel in unison on any public right of way” must obtain a permit from the Public Works Director’s office when “free use of the public right of way will be impeded, obstructed, impaired or interfered with.” This was not done in the case of the Proud Boys/Women for Trump March. We know this because there is video evidence of one officer of the SPD attempting to have the marchers use the sidewalk early in the march which they did not do.
An exception to the permit requirement is a “spontaneous event” that is organized less than 48 hours of it happening. The PB/WFT March was not a spontaneous event. It was promoted on social media for at least a week.
Had this group applied for a permit, it could have been denied on the grounds that it “unreasonably burden[s] City resources necessary to preserve the public’s use of the streets,” that it was not of the “size appropriate to the proposed venue” (i.e., small residential streets like John St.), and that it had the potential to “cause significant adverse impacts on the health or safety of the surrounding residential or commercial uses” (i.e., unmasked marchers, some carrying assault weapons).
Had this group applied for a permit, they would have been required to have liability insurance and provide proof of this in order to obtain their permit. The PB/WFT March had no insurance.
City code requires a permit holder to reimburse the City for “actual costs, when such costs are directly attributable to an activity or event requiring the City to exceed its usual staffing levels," including the cost of personnel “to direct or manage vehicular or pedestrian traffic.” This two hour event involved significant deployment of the Salem Police Department that will not be reimbursed.
In sum, SRC 104.180 states that “it shall be unlawful for any person to engage in an activity or event for which a community event permit is required under this chapter without first obtaining a permit.” SRC 104.220 states that "any person who violates SRC 104.180 shall be guilty of an infraction, punishable by a fine of not less than $100 and not more than $250."
What should have happened yesterday with the PB/WFT March?
1) The March should have been blocked by the SPD shortly after it began. This was done on November 7, 2020, when BLM marchers attempted to march from Pringle Hall to downtown. Why was this not done yesterday? The BLM marchers faced a massive deployment of the SPD in military-style vehicles who threatened the marchers with munitions and tear gas. The BLM marchers were not armed. Why the difference?
2) If the PB/WFT Marchers were not blocked they should have all been issued citations, including fines of $100 to $250 in accordance with SRC 104.220. Why was this not done?
Because of the lack of enforcement of City code by the SPD, the Proud Boys and their allies will be back. This was the third march to the Governor’s mansion through SCAN and it won’t be the last if the Proud Boys continue to suffer no consequences for their illegal behavior.
Jim Scheppke
Here's a video that shows the Proud Boys marching in the street and blocking traffic while Salem police do nothing about it.
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