Civil Disobedience Training"Those who profess to favor freedom, yet deprecate agitation, are men who wantcrops without plowing up the ground. They want rain without thunder andlightening. They want the ocean without the awful roar of its many waters. This
struggle may be a moral one; or it may be a physical one; or it may be both moral
and physical; but it must be a struggle. Power concedes nothing without ademand. It never did and it never will."n -- Frederick Douglass, African-American abolitionist

The history of Civil Disobedience is a long and international one. ACT UP practices a form thatcomes from a variety of progressive movements. Below are several pages describing some ofthe history, theory, and practice of civil disobedience.
Many of these sections were taken (with love) from the Handbook for Nonviolent Action
available from the War Resister's League in New York City.
ACT UP Direct Action Guidelines
History of Mass Nonviolent Action
Nonviolent Response to Personal Violence
Practicing Nonviolence
Nonviolence Training
Affinity Groups and Support
Steps Toward Making a Campaign
Consensus Decision Making
Legal Issues/Risking Arrest
Advantages/Disadvantages to Disclosing Your Status when Arrested
Legal Flow Chart: What Happens in an Arrest and Your Decisions
Legal Terms: What They Mean
Jail Solidarity
appendixes

The Demonstrator's Manual [crucial]
Marshal Training Manual
Getting Arrested: Why do we do it?

www.actupny.org

ACT UP Civil Disobedience Training
Direct Action Guidelines
These direct action guidelines describe limits required for us to set a minimum level of safety
for ACT UP demonstrators:
1. ACT UP cannot guarantee the safety of participants at our demonstrators.
2. Yet, we try to protect each other at demonstrations by setting up a support and advocacy
structure that can react quickly if problems should arise or if arrests occur. We recommend thatall people considering civil disobedience go to a direct action CD training and that they join an
affinity group.
3. At the demonstration, we ask that participants act according to the love and caring that wehave built or each other. Individual or group actions that endanger the physical well-being ofother demonstrators should not be done. Generally actions that might endanger the safety ofothers at the demonstration include:a) physical violence directed against others, including the police, spectatorsand other ACT UP membersb) actions that cause panic such as running and throwing rocksc) bringing weapons or anything that can be construed as a weapon to thedemonstration site; weapons include but are not limited to: guns, knives, nail files,
mace, letter openers, scissors, etc.
d) bringing recreational drugs to the demonstration
4. We ask that anyone or any group considering acts of property alteration (i.e. graffiti) commit
such acts openly, taking responsibility for these acts, and taking care that these acts endanger
no one. If secrecy is necessary, the action should not be part of this demonstration.

ACT UP Civil Disobedience Training
History of Mass Nonviolent Action
The use of nonviolence runs throughout history. There have been numerous instances ofpeople courageously and nonviolently refusing cooperation with injustice. However, the fusionof organized mass struggle and nonviolence is relatively new. It originated largely with
Mohandas Gandhi in 1906 at the onset of the South African campaign for Indian rights. Later,
the Indian struggle for complete independence from the British Empire included a number ofspectacular nonviolent campaigns. Perhaps the most notable was the year-long Salt campaign
in which 100,000 Indians were jailed for deliberately violating the Salt Laws.
The refusal to counter the violence of the repressive social system with more violence is atactic that has also been used by other movements. The militant campaign for women's
suffrage in Britain included a variety of nonviolent tactics such as boycotts, noncooperation,
limited property destruction, civil disobedience, mass marches and demonstrations, filling thejails, and disruption of public ceremonies.
The Salvadoran people have used nonviolence as one powerful and necessary element of
their struggle. Particularly during the 1960s and 70s, Christian based communities, labor
unions, campesino organizations, and student groups held occupations and sit-ins atuniversities, government offices, and places of work such as factories and haciendas.
There is rich tradition of nonviolent protest in this country as well, including Harriet Tubman's
underground railroad during the civil war and Henry David Thoreau's refusal to pay war taxes.
Nonviolent civil disobedience was a critical factor in gaining women the right to vote in the
United States, as well.
The U.S. labor movement has also used nonviolence with striking effectiveness in a number of
instances, such as the Industrial Workers of the World (IWW) free speech confrontations, theCongress of Industrial Organizations (CIO) sitdown strikes from 1935-1937 in auto plants, andthe UFW grape and lettuce boycotts.
Using mass nonviolent action, the civil rights movement changed the face of the South. The
Congress of Racial Equality (CORE) initiated modern nonviolent action for civil rights with sitins and a freedom ride in the 1940s. The successful Montgomery bus boycott electrified thenation. Then, the early 1960s exploded with nonviolent actions: sit-ins at lunch counters andother facilities, organized by the Student Nonviolent Coordinating Committee (SNCC);
Freedom Rides to the South organized by CORE; the nonviolent battles against segregation in
Birmingham, Alabama, by the Southern Christian Leadership Conference (SCLC); and the1963 March on Washington, which drew 250,000 participants.
Opponents of the Vietnam War employed the use of draft card burnings, draft file destruction,
mass demonstrations (such as the 500,000 who turned out in 1969 in Washington, D.C.), sitins, blocking induction centers, draft and tax resistance, and the historic 1971 May Day traffic
blocking in Washington, D.C. in which 13,000 people were arrested.
Since the mid-70s, we have seen increasing nonviolent activity against the nuclear arms raceand nuclear power industry. Nonviolent civil disobedience actions have taken place at dozens
of nuclear weapons research installations, storage areas, missile silos, test sites, militarybases, corporate and government offices and nuclear power plants. In the late 1970s masscivil disobedience actions took place at nuclear power plants from Seabrook, New Hampshireto the Diablo Canyon reactor in California and most states in between in this country and inother countries around the world. In 1982, 1750 people were arrested at the U.N. missions of
the five major nuclear powers. Mass actions took place at the Livermore Laboratories inCalifornia and SAC bases in the Midwest. In the late 80s a series of actions took place at the
Nevada test site. International disarmament actions changed world opinion about nuclear
weapons.
In 1980 women who were concerned with the destruction of the Earth and who were interested
in exploring the connections between feminism and nonviolence were coming together. In
November of 1980 and 1981 the Women's Pentagon Actions, where hundreds of women came
together to challenge patriarchy and militarism, took place. A movement grew that found ways
to use direct action to put pressure on the military establishment and to show positive
examples of life-affirming ways to live together. This movement spawned women's peace
camps at military bases around the world from Greenham Common, England to Puget Sound
Peace Camp in Washington State, with camps in Japan and Italy among others.
The anti-apartheid movement in the 80s has built upon the powerful and empowering use ofcivil disobedience by the civil rights movement in the 60s. In November of 1984, a campaignbegan that involved daily civil disobedience in front of the South African Embassy. People,
including members of Congress, national labor and religious leaders, celebrities, students,
community leaders, teachers, and others, risked arrest every weekday for over a year. In theend over 3,100 people were arrested protesting apartheid and U.S. corporate and government
support. At the same time, support actions for this campaign were held in 26 major Cities,
resulting in an additional 5,000 arrests.
We also saw civil disobedience being incorporated as a key tactic in the movement againstintervention in Central America. Beginning in 1983, national actions at the White House andState Department as well as local actions began to spread. In November 1984, the Pledge ofResistance was formed. Since then, over 5,000 people have been arrested at military
installations, congressional offices, federal buildings, and CIA offices. Many people have also
broken the law by providing sanctuary for Central American refugees and through the Lenten
Witness, major denomination representatives have participated in weekly nonviolent civil
disobedience actions at the Capitol.
Student activists have incorporated civil disobedience in both their anti-apartheid and Central
America work. Divestment became the campus slogan of the 80s. Students built shantytowns
and staged sit-ins at Administrator's offices. Hundreds have been arrested resulting in thedivestment of over 130 campuses and the subsequent withdrawal of over $4 billion from theSouth African economy. Central America student activists have carried out campaigns toprotest CIA recruitment on campuses. Again, hundreds of students across the country havebeen arrested in this effort.
Nonviolent direct action has been an integral part of the renewed activism in the lesbian andgay community since 1987, when ACT UP (AIDS Coalition to Unleash Power) was formed.
ACT UP and other groups have organized hundreds of civil disobedience actions across thecountry, focusing not only on AIDS but on the increasing climate of homophobia and attacks
on lesbians and gay men. On October 13, 1987, the Supreme Court was the site of the firstnational lesbian and gay civil disobedience action, where nearly 600 people were arrested

protesting the decision in Hardwick vs. Bowers, which upheld sodomy laws. This was thelargest mass arrest in D.C. since 1971.
Political Analysis
Power itself is not derived through violence, though in governmental form it is usually violent innature. Governmental power is often maintained through oppression and the tacit complianceof the majority of the governed. Any significant withdrawal of that compliance will restrict ordissolve governmental control. Apathy in the face of injustice is a form of violence. Struggle
and conflict are often necessary to correct injustice.
Our struggle is not easy, and we must not think of nonviolence as a "safe" way to fightoppression. The strength of nonviolence comes from our willingness to take personal risk
without threatening other people.
It is essential that we separate the individual from the role she/he plays. The "enemy" is thesystem that casts people in oppressive roles.

ACT UP Civil Disobedience Training
Nonviolent Response to Personal Violence
Nonviolence focuses on communication:
1. Your objectives must be reasonable. You must believe you are fair and you must be able tocommunicate this to your opponent.
2. Maintain as much eye contact as possible.
3. Make no abrupt gestures. Move slowly. When practical, tell your opponent what you aregoing to do before you do it. Don't say anything threatening, critical, or hostile.
4. Don't be afraid of stating the obvious; say simply, "You're shouting at me," or "You're hurting
my arm."5. Someone in the process of committing an act of violence has strong expectations as to how
his/ her victim will behave. If you manage to behave differently-in a nonthreatening manner you
can interrupt the flow of events that would have culminated in an act of violence. You must
create a scenario new to your opponent.
6. Seek to befriend your opponent's better nature; even the most brutal and brutalized among
us have some spark of decency that the nonviolent defender can reach.

7. Don't shut down in response to physical violence; you have to play it by ear. The best rule isto resist as firmly as you can without escalating the anger or the violence. Try varying
approaches and keep trying to alter your opponent's picture of the situation.
8. Get your opponent talking and listen to what s/he says. Encourage him/her to talk about
what s/he believes, wishes, fears. Don't argue but at the same time don't give the impression
you agree with assertions that are cruel or immoral. The listening is more important than what
you say- keep the talk going and keep it calm.
-- Adapted from an article by Markley Morris

ACT UP Civil Disobedience Training
Practicing Nonviolence"Without a direct action expression of it, nonviolence,
to my mind, is meaningless." -- M.K. Gandhi
Practice is a key word in understanding nonviolence. A nonviolent approach assumes thatpeople take active roles, making choices and commitments and building on their experience. It
also presents a constant challenge: to weave together the diversity of individual experiences
into an ever-changing vision. There is no fixed, static "definition" of nonviolence.
Nonviolence is active. Although to some the word nonviolence implies passivity, nonviolence isactually an active form of resistance. It analyzes the sources of institutional violence andintervenes on a philosophical and political level through direct and persistent actions.
Gandhi's vision of nonviolence is translated as "clinging to truth" or sometimes "truth force",
which includes both determination to speak out even when one's truth is unpopular, andwillingness to hear the truth of other people's experience. He also defined two othercomponents of nonviolence: the refusal to harm others and willingness to suffer for one's
beliefs. Many activists who adopt nonviolent tactics are reluctant to accept these aspects
philosophically, or to prescribe them to others. For example, Third World people in the U.S.
and other countries are often pressed to use violent action to defend their lives. Somefeminists point out that since our society pressures women to be self-sacrificing, the decision
to accept suffering is often reinforcement of women's oppression rather than a free choice.
Jo Vellacott, in her essay "Women, Peace and Power", speaks of violence as"resourcelessness" -seeing few options, feeling like one's self or small group is alone against ahostile or at best indifferent universe. Many societal institutions and conventions, despite their
original intention to benefit at least some people, perpetuate this violence by depriving peopleof their lives, health, self-respect or hope. Nonviolence then becomes resourcefulness -seeing the possibilities for change in oneself and in others, and having the power to act onthose possibilities. Much of the task of becoming effectively nonviolent lies in removing thepreconceptions that keep us from seeing those resources. Undoing the violence within us
involves challenging myths that we are not good enough, not smart enough or not skilled
enough to act. The best way to do this is to try it, working with friends or in small groups at first,
and starting with roleplays or less intimidating activities like leafleting. As confidence in ourown resourcefulness grows, we become more able to support each other in maintaining ournonviolent actions.
Anger and emotional violence
Getting rid of the patterns of violence that societal conditioning has placed in us is not always apolite process; it involves releasing despair, anger, and other emotions that haven't been
allowed to surface before. The myth that emotions are destructive and unreliable prevents us
from trusting our own experience and forces us to rely on rigid formulas and people weperceive as authorities for guidance. Most of us have been taught that expressing anger
especially provokes disapproval, invalidation and physical attack, or else will hurt others andmake us suffer guilt. This conditioning serves to make us both repress our own anger and also
respond repressively to each other's anger.
Anger is a sign of life. It arises with recognition that injustice exists and contains the hope thatthings can be different. it is often hard to see this clearly because, as Barbara Deming says,"... our anger is in great part hidden -from others and even from ourselves -andwhen it is finally allowed to emerge into the open -- this pride -- it is shaking,unsure of itself, and so quick to be violent. For now it believes and yet it doesn't
quite dare to believe that it can claim its rights at last."
To make room for a healthy expression of and response to this anger, it helps to create ageneral attitude of respect and support. Verbal violence -- snide or vicious tones, interrupting,shouting down or misrepresenting what people say -- is the antithesis of respect andcommunication. When people sense this happening, they should pause and consider their
feelings and objectives. Clearing the air is especially important when people are feelingdefensive or threatened; developing a sense of safety and acceptance of our anger with eachother helps us concentrate all our emotional energies towards constructive, effective action.
"Non-violence is the constant awareness of the dignity and humanity of oneself and others; itseeks truth and justice; it renounces violence both in method and in attitude; it is a courageous
acceptance of active love and goodwill as the instrument with which to overcome evil andtransform both oneself and others. It is the willingness to undergo suffering rather than inflict it.
It excludes retaliation and flight."-- Wally Nelson, conscientious objector, civil rights activist, and tax resister

ACT UP Civil Disobedience Training
Nonviolence Training
Historically, nonviolence training was used extensively during the civil rights movement, in
Gandhi's campaigns in India against the British, and in recent years in the struggles against
nuclear technology, against U.S. policy in Central America and Southern Africa and for therights of farm workers, women and people with AIDS, to name a few.
The purpose of training is for participants to form a common understanding of the use ofnonviolence. It gives a forum to share ideas about nonviolence, oppression, fears and feelings.
It allows people to meet and build solidarity with each other and provides an opportunity toform affinity groups. It is often used as preparation for action and gives people a chance tolearn about an action, its tone, and legal ramifications. It helps people to decide whether or notthey will participate in an action. Through role playing, people learn what to expect from police,
officials, other people in the action and themselves.
Nonviolence training can range from several hours to several months. Most typical in the
United States are sessions that run up to eight hours and have 10-25 people with two trainers
leading the discussion and roleplays. Areas covered in a session include:· History and philosophy of nonviolence, including role plays on the use of nonviolence
and nonviolent responses to violence.
· Roleplays and exercises in consensus decision making, conflict resolution, and quick
decision making.
· A presentation of legal ramification of civil disobedience and discussion on
noncooperation and bail solidarity.
· Exercises and discussion of the role of oppression in our society and the progressive
movement.
· What is an affinity group and what are the roles within the group.
· A sharing of fears and feelings related to nonviolence and nonviolent action.
Dr. Martin Luther King, Jr. wrote that the philosophy and practice of nonviolence has six basic
elements.
First, nonviolence is resistance to evil and oppression. It is a human way to fight.
Second, it does not seek to defeat or humiliate the opponent, but to win his/ her friendship andunderstanding.

Third, the nonviolent method is an attack on the forces of evil rather than against persons
doing the evil. It seeks to defeat the evil and not the persons doing the evil and injustice.
Fourth, it is the willingness to accept suffering without retaliation.
Fifth, a nonviolent resister avoids both external physical and internal spiritual violence- not only
refuses to shoot, but also to hate, an opponent. The ethic of real love is at the center ofnonviolence.
Sixth, the believer in nonviolence has a deep faith in the future and the forces in the universe
are seen to be on the side of justice.

ACT UP Civil Disobedience Training
Affinity Groups & Support
Affinity groups are self-sufficient support systems of about 5 to 15 people. A number of affinity
groups may work together toward a common goal in a large action, or one affinity group might
conceive of and carry out an action on its own. Sometimes, affinity groups remain together
over a long period of time, existing as political support and/or study groups, and only
occasionally participating in actions.
If you are planning to do civil disobedience, it is a good idea to either form an affinity group or
join an already existing one. Affinity groups serve as a source of support and solidarity for theirmembers. Feelings of being isolated or alienated from the movement, the crowd, or the worldin general can be alleviated through the familiarity and trust, which develops when an affinity
group works and acts together. By generating this familiarity, the affinity group structure
reduces the possibility of infiltration by outside provocateurs. However, participants in an action
should be prepared to be separated from their affinity group.
Affinity groups form the basic decision-making bodies of mass actions. As long as they remain
within the nonviolence guidelines, affinity groups are generally encouraged to develop any
form of participation they choose.
Every affinity group must decide for itself how it will make decisions and what it wants to do.
This process starts when an affinity group forms. If a new person asks to join an affinity group,
she/he should find out what the group believes in and what they plan to do, and decide if
she/he can share it. Some groups ask that all members share a commitment to feminism, forexample, or to nonviolence as a way of life. Others, which have specifically formed to do aparticular action, might have less sweeping agreements.
A group cannot hope to reach consensus decisions without having some base of agreement.
Once a base is agreed upon, working out the details of specific issues and actions is not asdifficult as one might expect, providing that there is a willingness to go along with a good idea,
even if it is someone else's. If you find that you cannot work effectively with your group, it might
be better to try to find another one.
Affinity groups for mass actions are often formed during nonviolence training sessions. It is agood idea to meet with your affinity group a few times before an action to get to know them if
you are not already friends, and to discuss issues such as noncooperation and relationship tothe legal system, the role your group will play (in a large action), etc. After an action, it is also
helpful to meet with your group to evaluate and share experiences.
Roles Within the Affinity Group
These roles can be rotated:· Facilitator(s), vibes-watchers.
· Spokesperson to convey affinity group (A.G.) decisions to core support and other
A.G.'s in a mass action.
· Support person(s) once you take on this responsibility, you should see it through.
Support
The role of support in a civil disobedience action is crucial. Support people accept the
responsibility of being a visible, involved contact to the outside once a member of the affinity
group is arrested. They are the personal extension of the care and concern an affinity groupshares among its members, an extension of the need all the participants have to see that
individuals who participate in nonviolent direct action are not isolated, neglected, andoverburdened because of their political statement.
It can be hard for you to decide whether to do civil disobedience or support. It is strongly
encouraged that those considering doing support go through nonviolence training. In making
the decision, you could consider how each role would affect your family, job, and othercommitments, as well as your legal status (i.e. being on probation, not being a U.S. citizen,etc.). During and after a mass action, be sure to stay in touch with support people from otheraffinity groups, for information sharing and emotional support.
Before an Action:
Help the affinity group decide upon and initiate their action, provide physical and moral
support, and share in the excitement and sense of determination.
· Know the people in your affinity group by name and description.
· Know where people who are arrested are likely to be taken.

· Make a confidential list with the following information:
Name of arrestee Name used for arrest· Whether or not individual wants to bail out, and when.
· Who arrestee would like contacted and under what circumstances.
· Special medical information or other special needs info.
· Whether the individual plans to cooperate, and in what ways.
· Whether the person is a minor.
· Whether the person wants/needs a lawyer.
For a mass action:· Know who the support coordinators are.
· Know the phone number of the action office.
· Be sure the group fibs out an affinity group check-in sheet.
· Be sure your name, phone number, where you can be reached, and how long you will
be available to do support work are written on your affinity group's list.
During an Action:· Know the boundaries of arrest and non-arrest areas, if applicable.
· In a mass action, give emergency info about yourself to another support person.
· Bring paper and pen, and lots of food for yourself and people doing civil disobedience(CDers).
· Hold ID, money, keys and any other belongings for CDers.
· Keep in touch with CDers for as long as possible, noting any changes in arrest
strategies, etc.
· Once arrests begin, write down each individual's name, and the time and nature of thearrest, the activity of the person arrested, the treatment of the arresting officer (get thebadge number, if possible), and who is noncooperating.

· At least one support person from your affinity group should stay at the place of arrest
until all members of your group are arrested, and at least one should go to where thosearrested are being taken as soon as the first member of your group is arrested.
At the Courthouse: (if that's where CDers are taken)
Be present during arraignments, and try to keep track of the following info for each person inyour group. During a mass action, call this info into the office.
· Name of judge or magistrate.
· Name of CDer (Doe # if applicable).
· Charge· Plea (Not Guilty, Nolo Contendre, Creative Plea, Guilty, etc.).
· If found guilty, sentence imposed.
· If not guilty:· Amount of bail, if applicable.
· Whether the person pays bail or not.
· Date, time and place of trial.
· If there's a lawyer in the courtroom ask her/his name.
· Any other info that seems relevant.
-- Nancy AlachACT UP Civil Disobedience Training
Steps to making a Campaign
Most movement programs revolve around organizing single, unrelated events-demonstrations,forums, whatever. Were these activities strung together in an integrated fashion- building on
one another -- the impact and potential for success would be magnified dramatically. Such isthe advantage of campaign organizing.

The campaign provides an escalating series of actions over a period of time focused on atarget in order to achieve specific goals. Persistence and a systematic approach are key
ingredients of a campaign.
All this is not to say demonstrations should not be organized on individual dates like Hiroshima
Day (August 6), International Women's Day (March 8), Martin Luther King Day, and so forth.
But, when possible, actions that are part of campaigns can make a stronger statement.
Planning a Campaign
While a demonstration takes a good deal of careful planning, a campaign requiresconsiderably more attention.
The first step is to do the basic groundwork of self-education on the issues and problems to becombated. This can be accomplished through research, study groups, workshops, andconferences.
The next step is to decide where to focus our initial efforts. What you need to find are weak
points in the opponent's "armor," which will provide levers or handles to focus criticism andaction.
During one phase of the Indian campaign for independence from Britain, Gandhi selected theBritish monopoly on salt as the focus for a campaign. At first this appeared to be an
insignificant issue to worry about, compared with independence itself. But because salt
affected everyone on this rather hot subcontinent, because its cost was a hardship on themasses, and because it was relatively easy to manufacture (and thereby violated the saltlaws), it became an ideal symbol of why independence was being sought. The British viewed
the Salt Campaign as "nothing less than to cause a complete paralysis of the administrative
machinery." In retrospect, the year-long campaign was the most spectacular effort in the 28year struggle for independence.
The United Farm Workers grape boycott is another example of a well chosen campaign in the
struggle to win union recognition and better conditions for farm workers.
One of the most important steps in a campaign, after determining the target or focus, is tochoose the short range goals. Long range goals are easy, e.g., world peace or an end tosexism. But sometimes if short range goals are not clearly defined, then the campaign could
be stalled. Short range goals should be winnable within the near future (providing a boost andthe encouragement needed to keep your group moving toward the longer range goals),measurable (you ought to be able to tell when you have accomplished them), set on atimetable to allow for periods of evaluation, be a significant step towards the long range
goal(s).
For example, in opposing the establishment of a Junior ROTC unit in a local high school, yourmedium (or short) range goal might be to prevent the unit from setting up. A short range goal
could be getting the local paper (or student body) to come out against the unit. An example ofsomething that is not a short range goal would be the holding of a forum or having a picket.
These represent vehicles toward your goals, rather than goals themselves. Saying that a shortrange goal is "to educate the student body" has little value as a goal unless it is measurable(e.g., a poll or vote).
In setting goals, you might consider establishing a bottom line on what is acceptable, to guard
against being co-opted into ending the campaign without making any fundamental change.
Analysis
After the goals have been set, an analysis should be made to see who the participants in the
campaign are and how they can aid the campaign. Who do you need to participate if thecampaign is likely to succeed? Who is on your side now? How are those people reached?
Write, call, or visit the community groups which are likely to be sympathetic: cooperatives,
clinics, some veterans groups, women's groups, Third World groups, student groups, religiousorganizations, women's groups, and so forth.
Who are the opponents? How can they or their supporters be won over or neutralized. In theexample above, the opponents might be the school board or principal. The supporters of the
opponents might be the community, PTA, local paper, or clergy.
After this analysis, a plan of action set on a timetable is needed. This plan of action should bein a step-by step escalation. Escalation is necessary if the pressure on opponents needs to be
increased. This does not necessarily mean the previous level of activity is abandoned, but
simply that an escalated stage of activity is added to the previous stages. For example,
education should be a constant and complementary component of every campaign- neverbeing abandoned. In the campaign above, the first level of action is to approach the schoolboard and ask them to turn down the JROTC application. Should that fail, set up study
commissions to analyze the value of a JROTC unit; solicit outside opinions; hold, publicforums; write letters to the editor; etc.
Should an escalation be necessary, picketing, leafleting, or boycotts might be next. Beyond
that, demonstrations, marches, and rallies could be organized. Then, perhaps, a student strike,and maybe carefully chosen civil disobedience actions.
Organizers should not lightly go from one level of a campaign to the next. Each stage shouldbe evaluated and considered seriously. Remember, shifting to the next stage does not mean
activities at earlier levels should always be forgotten (e.g., going from picketing to a sit-in does
not necessarily mean picketing should be discontinued).
Step by Step Escalation in a Nonviolent Campaign
Investigation and Research
Checking facts and allegations; building an airtight case against opponents and preparing forcountercharges

Negotiation and arbitration
Meeting with opponents to settle conflict before going public; ultimatum issued before moving
to next level
Public forums, letters to editor, etc.
Basic public education on issues
Picketing, leafleting, etc.
Public contact with opponents
Demonstrations, rallies, marches
Show of strength by maximizing numbers
Limited strike
Involving those immediately affected
Boycott
Against company or product in question, if appropriate
Limited noncooperation
By those most immediately affected
Massive illegal actions
Noncooperation, civil disobedience, direct action
General strike
Establishing a parallel government------------------------------------------------Analyzing a Campaign
This outline is an expansion of an outline used by Joan Bondurant in her analysis of Gandhian
campaigns. It can be used either in evaluation of a campaign or in preparation for a campaign.
1. Dates of the Campaign

2. Goals
Long range
What were the ultimate goals being sought?
Short range
What goals were set?
Were they achievable?
Were they measurable? Can you tell if they've been accomplished? Would reaching them havebrought the campaign measurably closer to the long range goals?
Timetable
Was a timetable set to allow for periodic measurement of progress of the campaign? What wasit?
Bottom line
Were there any minimum acceptable goals set in advance, so as to avoid being compromisedor co-opted?
3. Participants
Who was on "our side" at the beginning?
Who was needed if the campaign was likely to succeed?
How could those people we needed have been reached?
Was there a core of people organized and prepared to stay with a sustained campaign so as toprovide continuity?
4. Opponents
Who were the opponents? Who was calling the shots in opposition to the campaign?
Was it necessary to win over or neutralize supporters of the opponents in order for the
campaign to succeed?
How were supporters of the opposition won over or neutralized?
5. Organization and Constructive Work
What was the organizational structure to carry out the campaign?
How were decisions made?

How was the campaign funded?
Were there parallel institutions to replace those being opposed or any constructive work done
during the campaign?
6. Preparation for Action
What research and investigation was done?
Education? Public forums? Mass media?
Training for the main actions?
Was there adequate preparation for anticipated repression (jail, levies, violence)?
7. Preliminary Action
Were approaches made to opponents? Negotiation and arbitration? Petitions or letters?
Was an ultimatum issued? If so, what was the response?
8. Action
What forms of action were used: picketing, leafleting, marches, etc.? Was it necessary to
escalate to a higher level of struggle?
Why and when? Were there strikes, boycotts, or limited noncooperation?
Did the campaign escalate to civil disobedience, mass noncooperation or some form of mass
direct action? Why?
Why did the action end when and where it did?
9. Reaction of opponents
Were participants jailed? Beaten? Repressed?
Property seized?
Lies spread? Media blackout? Intimidation? Ridicule?
Concessions or co-opting attempted? Was campaign basically ignored?
10. Results
Were the short range goals achieved?

Any progress made towards the long range goals?
What happened to jailed or injured people?
Was property returned? Amnesty? Did any of the opponents lose support?
Any property destruction by participants?
11. Analysis
Were appropriate tactics used at appropriate times?
Was the best target chosen?
Was the timetable realistic?
Did the campaign meet the timetable? If not, why not?
Was consciousness raised among the general public?
Did the actions clearly communicate the myths, secrets, and realities of the issues andsociety?
If short range goals were not achieved, why not?
How could the campaign have been improved?
If there was property destruction, did it help or hinder the campaign? Was the organizational
structure adequate to conduct the campaign? Was the decision making responsive toparticipants?
Were there problems in making decisions or lack of decisiveness? Who had the initiative
during the campaign?
Were there any surprises that hurt or helped the campaign?

ACT UP Civil Disobedience Training
Consensus Decision Making
What is consensus?

Consensus is a process for group decision-making. It is a method by which an entire group ofpeople can come to an agreement. The input and ideas of all participants are gathered andsynthesized to arrive at a final decision acceptable to all. Through consensus, we are not only
working to achieve better solutions, but also to promote the growth of community and trust.
Consensus vs. voting
Voting is a means by which we choose one alternative from several. Consensus, on the other
hand, is a process of synthesizing many diverse elements together.
Voting is a win or lose model, in which people are more often concerned with the numbers it
takes to "win" than with the issue itself. Voting does not take into account individual feelings orneeds. In essence, it is a quantitative, rather than qualitative, method of decision-making.
With consensus people can and should work through differences and reach a mutuallysatisfactory position. It is possible for one person's insights or strongly held beliefs to sway thewhole group. No ideas are lost, each member's input is valued as part of the solution.
A group committed to consensus may utilize other forms of decision making (individual,
compromise, majority rules) when appropriate; however, a group that has adopted aconsensus model will use that process for any item that brings up a lot of emotions, issomething that concerns people's ethics, politics, morals or other areas where there is muchinvestment.
What does consensus mean?
Consensus does not mean that everyone thinks that the decision made is necessarily the best
one possible, or even that they are sure it will work. What it does mean is that in coming to thatdecision, no one felt that her/his position on the matter was misunderstood or that it wasn't
given a proper hearing. Hopefully, everyone will think it is the best decision; this often happens
because, when it works, collective intelligence does come up with better solutions than could
individuals.
Consensus takes more time and member skill, but uses lots of resources before a decision is
made, creates commitment to the decision and often facilitates creative decision. It gives
everyone some experience with new processes of interaction and conflict resolution, which isbasic but important skill-building. For consensus to be a positive experience, it is best if thegroup has 1) common values, 2) some skill in group process and conflict resolution, or acommitment to let these be facilitated, 3) commitment and responsibility to the group by its
members and 4) sufficient time for everyone to participate in the process.
Forming the consensus proposals
During discussion a proposal for resolution is put forward. It is amended and modified throughmore discussion, or withdrawn if it seems to be a dead end. During this discussion period it isimportant to articulate differences clearly. It is the responsibility of those who are having
trouble with a proposal to put forth alternative suggestions.
The fundamental right of consensus is for all people to be able to express themselves in theirown words and of their own will. The fundamental responsibility of consensus is to assureothers of their right to speak and be heard. Coercion and trade-offs are replaced with creative
alternatives, and compromise with synthesis.
When a proposal seems to be well understood by everyone, and there are no new changes
asked for, the facilitator(s) can ask if there are any objections or reservations to it. If there are
no objections, there can be a call for consensus. If there are still no objections, then after a
moment of silence you have your decision. Once consensus does appear to have beenreached, it really helps to have someone repeat the decision to the group so everyone is clear
on what has been decided.
Difficulties in reaching consensus
If a decision has been reached, or is on the verge of being reached that you cannot support,
there are several ways to express your objections:Non-support ("I don't see the need for this, but I'll go along.")
Reservations ('I think this may be a mistake but I can live with it.")Standing aside ("I personally can't do this, but I won't stop others from doing it. ")Blocking ("I cannot support this or allow the group to support this. It is immoral." If a final
decision violates someone's fundamental moral values they are obligated to block consensus.)
Withdrawing from the group. Obviously, if many people express non-support or reservations
or stand aside or leave the group, it may not be a viable decision even if no one directly blocks
it. This is what is known as a "lukewarm" consensus and it is just as desirable as a lukewarm
beer or a lukewarm bath.
If consensus is blocked and no new consensus can be reached, the group stays with whatever
the previous decision was on the subject, or does nothing if that is applicable. Major
philosophical or moral questions that will come up with each affinity group will have to beworked through as soon as the group forms.
Roles in a consensus meeting
There are several roles that, if filled, can help consensus decision making run smoothly. The
facilitator(s) aids the group in defining decisions that need to be made, helps them through thestages of reaching an agreement, keeps the meeting moving, focuses discussion to the pointat hand; makes sure everyone has the opportunity to participate, and formulates and tests tosee if consensus has been reached. Facilitators help to direct the process of the meeting, notits content. They never make decisions for the group. If a facilitator feels too emotionallyinvolved in an issue or discussion and cannot remain neutral in behavior, if not in attitude, thens/he should ask someone to take over the task of facilitation for that agenda item.
A vibes-watcher is someone besides the facilitator who watches and comments on individualand group feelings and patterns of participation. Vibes-watchers need to be especially tuned into the sexism of group dynamics.
A recorder can take notes on the meeting, especially of decisions made and means of
implementation and a time-keeper keeps things going on schedule so that each agenda item
can be covered in the time allotted for it (if discussion runs over the time for an item, the group
may or may not decide to contract for more time to finish up).
Even though individuals take on these roles, all participants in a meeting should be aware ofand involved in the issues, process, and feelings of the group, and should share their individual
expertise in helping the group run smoothly and reach a decision. This is especially true whenit comes to finding compromise agreements to seemingly contradictory positions.

ACT UP Civil Disobedience Training
Legal Issues/Risking Arrest
The decisions that we make are political, not legal. The reaction of the government to what weare doing, to what we stand for, will also be political. We can have quite an impact on what
happens to us in jail, in court and during processing, if we are prepared. It can be as importanta part of our nonviolent opposition as anything that comes before the arrest.
In a large demonstration, the police may separate us from each other, breaking up affinity
groups' and possibly isolating individuals. In order to maintain our spirits and effectiveness, wemust develop an ability to deal with the legal system, while trusting in the solidarity of otherdemonstrators. Solidarity is, in reality, more a state of mind that unites us through a longstruggle than a specific course of action that everyone follows. Solidarity does not demand thateveryone make the same choice in every situation. It is an internal force within each of us andamong us as a group. It is our commitment to one another and to our common cause; it is ourdedication to support one another and to pursue our common goals at all times, in every
situation, to the best of our ability. Courts, jails or other external forces cannot break solidarity.
If we hold fast to it, it is ours.
Our approach to the legal system is up to us. We retain as much power as we refuse torelinquish to the government -- city, state or federal.
The criminal "justice" system functions to alienate and isolate the accused individual, to
destroy one's power and purposefulness and to weave a web of confusion and mystification

around any legal proceedings. If we are well prepared for our contact with this system, we canlimit the effect it has upon us, both personally and politically. It is extremely important that we
be firmly rooted in our own spirit and purposes, our commitment to one another and history
and tradition of social struggle of which we are a part. We should try to maintain our nonviolent
attitude of honesty and directness while dealing with law enforcement officers and the courts.
Nonviolent action draws its strength from open confrontation and noncooperation, not fromevasion or subterfuge. Bail solidarity, noncooperation and other forms of resistance can beused to reaffirm our position that we are not criminals and that we are taking positive steps
towards fleeing the world from oppression.
Discuss the issues raised in this legal section with your affinity' group -- particularly
noncooperation and your attitude toward trials. Think out various hypothetical situations and try
to understand how you will respond to these situations.
Some demonstrators refuse to cooperate partially or wholly with court procedures; they refuse
to enter a plea, to retain or accept a lawyer, to stand up in court, to speak to the judge as asymbol of court authority (but rather speak to him or her as a fellow human being), to take thestand or question witnesses. They may make a speech to those assembled in the courtroom or
simply lie or sit on the floor if they are carried in, or attempt to leave if not forcibly restrained.
The penalties for such noncooperation can be severe, because many judges take such action
to be a personal affront as well as an insult to the court. Some judges, on the other hand,overlook such conduct, or attempt to communicate with the demonstrators.
Physical noncooperation may be sustained through the booking process and through court
appearances; it may continue through the entire time of one's detention. This might involve a
refusal to walk, to eat, to clean oneself and one's surroundings. It may even lead prison
officials to force-feed and diaper the inmate.
Another form of noncooperation is fasting -- taking no food and no liquid except water, or
perhaps fruit juice. While abstaining from food can be uncomfortable and eventually risky,
abstaining from all food and liquid can be extremely dangerous almost immediately. Five or six
days are probably the longest a human can go without liquid before incurring brain damage
and serious dehydration. Usually authorities watch persons who are "water fasting" closely andtake steps to hospitalize them before serious consequences occur, but no demonstrator canever count on such attention and should therefore be prepared to give up the fast or perhaps
be allowed to die, as did several Irish freedom fighters during the H-Block hunger strike in
1981.
There are other forms noncooperation may take and other reasons for it to occur. The refusal
to give one's name undoubtedly springs from a desire to resist and confound a system thatassigns criminal records to people, that categorizes and spies upon them and that punishesorganizers and repeat offenders more strenuously. It relays a message that none of us should
be singled out: we'll be doing this again and again.

Many nonviolent activists, however, acting with the openness and confidence thatcharacterizes and strengthens nonviolent action, do not choose to hide their identifies. They
may still noncooperate, however, by refusing to reveal an address, or by refusing to promise toreturn for trial, increasing the burden on the courts to quickly' deal with the demonstrators andenhancing their solidarity and strength as people working together, filling the jails.

ACT UP Civil Disobedience Training
Legal Flow Chart
The Legal Process
The legal system's terms and mystique create an impression of complexity andinapproachability. But, with a little study and thought, the legal process can become
manageable and less intimidating and isolating.
Throughout the legal process, we have the right of choice. This is very important. When we
understand the steps, the choice, and the effects of those choices, then we are in a position to
make decisions as to what we want to get involved in, and what we want to avoid. there aremany levels of commitment possible; we must individually choose our involvement according
to our own situation.
The material below shows the legal process schematically. As mentioned above, there arecertain steps involved, and choices that can be made at each of these steps. let us now go
through the steps and briefly talk about the choices.
Warning
Usually, but not always, immediately prior to arrest a warning will be given by the police todemonstrators, They will saw which law(s) is (are) being broken and will say that anyone
remaining will be arrested. The charges may include: disorderly conduct, trespass, resistingarrest, and obstruction of government property.
Choices
To stay and be arrested or to leave
Arrest
You will be taken to transportation vehicles (may be handcuffed, frisked, walked with escort,
carried on a stretcher, dragged/carried)Choices
To cooperate and walk or to non-cooperate and go limp so that you have to be carried. Or toflee if left unguarded and unidentified.
Processing and Booking
Placed in a holding area (don't expect meals, phone calls, bathrooms). Sometimes cells havepay phone, so you may want to bring quarters. Photographed. Fingerprinted. Pockets emptied.
Strip searched (unlikely but a possibility). Asked for information. You are only required to give
name, address, and ID. You don't have to give Social Security number, but many people doanyway since it's easy for this to be found out.
You may be given a summons, Desk appearance Ticket (DAT) that gives you the charges andcourt date and then released. Or you may be held till you are arraigned be a judge
Choices
To be willingly fingerprinted, etc. How much personal information you give. ACT UP usuallytries to decide this collectively in advance, particularly so that no one is singled out for being
too queer, HIV positive, etc.
ArraignmentAppear before a judge and answer to charges (guilty, not guilty, nolo contendere, mute). You
can request that charges be dropped. If you plead guilty it might be for a fine of an
Adjournment in Contemplation of Dismissal (ACD) where there's little or no punishment so longas you don't get busted in a certain time period. Or, schedule another court date/trial.
Choices
To answer charges, respect authority, or to get through the process as quickly as possible.
Trialsame as above
Note: You don't need a lawyer for this, but it is always helpful to have a legal aid or
sympathetic lawyer to guide you through the process. For major actions, plan in advance tohave legal aid on site of action and with you through the arrest, etc.

Advantages/Disadvantages
to Disclosing Your Status when Arrested
When a person is arrested, if s/he informs the authorities that s/he has an infectious diseasesuch as tuberculosis or an active HIV-related infection, s/he is separated and will not be placedin a cell with other arrested people. If the defendant is physically handicapped, s/he will not be
placed in a cell with other arrested people
Advantages/Disadvantages to Disclosing Your Status: If you are on HIV meds, the only way
that you are going to be able continue your doses is if you notify officers when you get to the
Police Precinct or Central Booking. As the process can take some time, you should do this assoon as possible. Remember that the arrest to arraignment process can take up to 24 hours,
which is several potentially missed doses of medication, so you should seriously consider
speaking up so as to stay on your medication regimen. The disadvantages of disclosing yourstatus include the possibility of harassment from officers or other inmates if the officers
disclose the information.
At the precinct or Central Booking: If you have your meds in your possession they will be takenfrom you and "vouchered." An officer will fill out a voucher form, and it will include contact
information for your doctor and pharmacy. You should be asked if you need to take your medsat the precinct or Central Booking, but know whether or not they ask you should let them know.
If you ask to take your meds, the police will call EMS. An EMT will do an assessment andtransport you (and the voucher form if you filled it out) to a hospital (usually the closest HHCemergency room) for evaluation by a doctor. You will not be permitted to take the meds thatyou had with you. If you can get in touch with friends or family who can bring medical
information (doctor and pharmacy) to the precinct or Central Booking, they should do so. It is
not a good idea for them to bring meds at this point.
At the hospital: A doctor will assess your condition. He or she might contact your doctor, or
might just go ahead and write a prescription for the meds that you say you are taking. Eitherway, the doctor should write you a prescription for enough meds to last you through to the endof the arraignment process (24 hours). The prescription will be filled at the hospital pharmacy.
If the hospital pharmacy does not have the meds, then the contact information on the voucher
form will be used to contact your pharmacy. At this point, you might have to speak up and push
to have someone make the call, either the doctor, the EMT, a social worker, a family member,or whomever you can get.
Potential Problems: At the precinct or Central Booking, the officers might discourage you fromgoing to the hospital. They might tell you that it will delay the arraignment process and you willbe there "for days". This is not true. Going to the hospital to get your essential medications will
not delay the process or keep you in the system any longer. The arrest to arraignment time of
24 hours is the same, and it is very important that anyone on medications not miss doses.
Advocacy: If you have a problem in New York City, you or a family member can call the Legal
Aid Society, Special Litigation Unit at 212-577-3419. You can also call the AIDS/HIV Hotline forPrisoners at 718-378-7022. The Hotline operates Tuesday, Wednesday and Thursday from 38 PM and accepts collect phone calls
written by: Steven Nesselroth FIRST DRAFT 3/2000

ACT UP Civil Disobedience Training
Pleas in Court: What They Mean
Almost immediately after arrest a defendant will be brought into court for an arraignment. At
the arraignment the defendant is read her rights and is informed of the charges against her. At
that time she will be asked how she pleads to those charges. She can make several
responses:
1. GUILTY: By entering a plea of guilty, a defendant is admitting her guilt, thereby forfeiting her
right to a trial. In such cases the judge will simply sentence a defendant, though she may haveto return to court at a later date for sentencing.
Demonstrators engaged in civil disobedience sometimes feel that this is the proper plea toenter at the arraignment. By pleading guilty they are saying, "Yes I committed the act of which
you accuse me. I don't deny it; in fact, I am proud of it. I feel I did the right thing by violating thisparticular law; I am guilty as charged." Mahatma Gandhi is one example of a civil disobedient
who always pled guilty in court as a matter of principle.
2. NOT GUILTY. If a defendant pleads not guilty, she must be tried and convicted before she
can be sentenced. The burden of showing guilt lies with the state; you are presumed innocent
unless the sate can prove your guilt beyond the shadow of a doubt. A defendant need notactually believe that she is not guilty in order to enter this plea.
Civil disobedients often believe that this is the proper plea to enter at arraignment. By pleading
not guilty they are saying; "Guilt implies wrong-doing. I feel I have done no wrong. I may haveviolated some specific laws, but I am guilty of doing no wrong. I therefore plead not guilty."
Since this places the burden of proof on the state, the government may drop charges before
the case is tried. In rare cases a defendant may be acquitted (found not guilty) during the trial.
3. NOLO CONTENDERE: Nolo contendere is Latin for "no contest." If a person plead "nolocontendere: she forfeits her right to a trial and (as with a guilty plea) simply comes before thejudge for sentencing. Some people feel that a nolo plea is a compromise between pleading
guilty and not guilty. While not contesting the charges one is also not admitting guilt.
4. Standing Mute. Some people will not answer at all when they asked by a judge how theyplead. They are usually civil disobedients who refuse cooperation with other aspects of arrest
and courtroom procedures. In such cases a plea of not guilty will usually be entered for the
defendant by the judge.

Such defendants fell that they should not have been arrested, do not belong in court, and only
dignify the illegitimate proceedings by participating in them. Others may feel that the courts inthis country, by their very nature, are oppressive institutions whose only legitimacy comes fromthe cooperation given them by the defendants; they therefore feel compelled to noncooperatewith the proceedings. Serious consequences can result from noncooperation, including
physical abuse by the police and additional jail time from the judge.
5. Creative pleas. Some defendants in political cases enter "creative pleas." for instance,
when asked by the judge how she pleads, a defendant might respond: "I plead for an end to
the arms race" (for a peace demonstration), or " I plead for an end to the laws making it illegal
to be lesbian and gay" (for a queer civil rights action). In such cases a plea of not guilty willusually be entered for the defendant by the judge.

ACT UP Civil Disobedience Training
Jail Solidarity
Jail solidarity may be defined as complete unity of purpose of those incarcerated or
imprisoned. The ultimate objective of that unity is for everyone committing the same act to betreated equally and fairly in jail and in sentencing. Refusing citations, bail, fines, community
service or probation keeps us together as a community with the potential for collective
bargaining to meet that objective.
For jail solidarity to be most effective, the issues surrounding it must be addressed andresolved to the greatest extent possible before reaching jail. Jail authorities are not going topatiently wait for us to reach consensus on solidarity agreements before they start employing"divide and conquer" tactics to weaken our bargaining power.
One divisive tactic used by the prison/legal system is different treatment for certain individuals
or groups. These people risking harsher treatment usually include noncooperators, repeat
offenders, known organizers, people of color, lesbians and gay men. Discussions of solidarity
should always include the issue of how to give these people the extra protection they need.
Coming to agreements about solidarity goals and tactics is a powerful but difficult process. To
reach true solidarity with the greatest number of participants, people must have enoughinformation and time to make wise decisions. Solidarity tactics that are employed successfully
are empowering. Iii-considered, unfocused uses of solidarity tactics are less successful anddrain our energies.
Some of the issues that cause the most controversy around solidarity include interpretation of
the nonviolence guidelines, and under what circumstances, if any, we will keep solidarity withthose who have previous records, are on probation or have not followed the nonviolence
guidelines for that action.

People's motivations for participating in CD will affect their attitudes toward the police and jailguards. Some people are motivated to CD as a protest against the multiple structures insociety, which work together to create a weapons industry. The prison/judicial system is seen
as one of these structures.
The effect of this political viewpoint on behavior in jail can be very dramatic. Often people
refuse to cooperate with the authorities at all. Some ways they do this are by going limp during
arrest, not abiding by prison regulations, and refusing to participate in arraignment. Some ofthese acts serve personal moral goals; others are initiated as levers to make the legal systemmete out equal and fair sentences to all.
Another group may reflect a different set of motivations and approaches. For some people forexample, their fundamental reason for CD stems from an awareness of the destructive powerof nuclear weaponry. Their fear and outrage over these weapons may be their only motivation
to do civil disobedience. Often these people will stress more of the need to communicate withthe human beings behind the helmets, uniforms and roles. They will talk to the police, perhaps
befriend the prison guards, and try to use persuasion and dialogue to raise questions about
these roles.
The differences between these two approaches will frequently lead to conflict. The stress ofthe jail experience tends to intensify conflict but by discussing differences beforehand theireffect on jail solidarity can be minimized. Conflicts that arise in jail must be acknowledged anddeal with at the time or they may become divisive. Conflict is an expression of opposing
viewpoints and should not be confused with violence.
Often it is not possible for everyone to agree to stay in jail for solidarity purposes. Sometimes
there are people who question the need to struggle inside the jails when the action's primary
goal is something else. Some people, because of out.. side responsibilities, cannot afford thetime jail solidarity may demand. Others find jail conditions physically or emotionally intolerable.
And still others take the political stand that we're more effective back on the streets
encouraging other people to take a stand. Whatever the reason for not participating in jailsolidarity individuals should make this information known beforehand since it may affectdecisions of the group.
Those who must leave jail are not betraying the group -- there are many ways they cancontinue supporting those inside: by speaking to the media, to the movement and the public
about conditions inside by fulfilling responsibilities for those inside, by carrying messages tofamily, friends, and employers.
Jail solidarity must never become coercive. In jail, solidarity is our strength and the strength of
our solidarity comes from the free agreement of all who take part in it.

ACT UP Demonstrator's Manual
The following pages have been taken from the Mass Defense Committee (NYC chapter of the
National Lawyer's Guild).

More information and case record can be found at the NLG website: www.nlg.org
Demonstrations have played an important part of this country's history. Even before there wasa United States there were demonstrations. While the tradition of protest is supported by theconstitution, the law also says that the police have the right to regulate demonstrations tomaintain public order. Due to the conflicting rights of the demonstrator and the police, it
is not always clear what is legal and what is not legal. However, this manual gives you
many general rules and considerations to help you make the best possible decisions indemonstrating.
* Planning the Demonstration* At the Demonstration* You Are Under Arrest* In Court

Please keep in mind that the specific laws and procedures cited are from New YorkState -- if you do not live in New York the laws will vary. For the best possible
information for your particular situation and locale, contact an attorney.

Planning the Demonstration
Most groups do at least some planning prior to their demonstration. In addition to deciding thechoreography of the demonstration, your group should plan whether to obtain a police permit,
whether and how to include a "civil disobedience", and other practical matters. If you are
unsure about your rights it's a good idea to discuss your plans with an attorney. (An attorneyfrom the Mass Defense Committee is usually available to do this.)
Topics Below* Deciding whether to obtain a permit* Bring identification, not contraband* Civil disobedience and who should avoid it* Usual civil disobedience charges and release from precinct* Be aware of "going through the system"* Designate a civil disobedience monitor

Deciding whether to obtain a permit
Permits should be obtained if the demonstration is going to involve a bullhorn or any otherelectronically amplified sound. A permit should be considered for any demonstration that will
be large (more than 100 persons or so) or will move from one place to another. If a permit is
not obtained, the police, who will inevitably appear, may drastically curtail the action or prohibit
it altogether.
Obviously the issuance of a permit alerts the police to the demonstration and guarantees theirpresence and usually their advance placement of wooden barricades at the demonstration site(where the police want them). However, even if a permit is not obtained, the police will appear
anyway and although they may allow the demonstration to continue, they may be more
intolerant than they would otherwise have been.
If a permit is denied, we recommend that the group call an attorney. She or he may be able toobtain the permit either by re-requesting it at the precinct or by going to court.
Bring identification, not contraband
Persons planning on being arrested should have police-acceptable identification. After thearrest the police transport the arrestee to a police precinct for processing. Unless the charge isa felony, the demonstrator will probably be released as long as her or his identification gives
the police reasonable assurance that they know who the person is and where she or he lives.
The best identification is a picture driver's license, but most official-looking identifications
issued by an agency, organization or company will usually do. The purpose of learning theaddress is that, in the event that the demonstrator does not appear in court on the scheduled
court date, the authorities could find him or her if they tried (which they would probably neverdo for a demonstration arrest).
Persons planning on being arrested will be at least superficially searched. If the police discoverillegal drugs or anything else illegal they will probably not release the person and will add on
additional charges.
Civil disobedience and who should avoid it
Originally civil disobedience meant disobeying laws one felt were fundamentally wrong; it hascome to mean disobeying any law in protest of something. In planning a civil disobedience it ismost important that those planning to be arrested be made aware of the legal and practicalconsequences of arrest (see below). They should learn the probable arrest charges the police
will give and the probable outcomes they will receive in court. Potential arrestees should also
be taught how to minimize the risks of extended police custody by avoiding certain charges,
carrying reliable identification and having support at the police precinct.
Persons with outstanding warrants are advised not to get arrested because the warrant may
cause the police not to release them from the police precinct. Also, arrest presents risks to
non-citizens. While the police do not yet specifically screen arrested persons for immigrationissues or automatically communicate with the Immigration and Naturalization Service, noncitizens are required to explain arrests (not just convictions) on many INS applications.
Similarly, persons who later may want to apply for jobs involving the government, security or
child care may be investigated or asked about arrests, not just convictions, and therefore
should weigh participation in a CD very carefully.
Usual civil disobedience charges and release from the precinct
The most common charges against demonstrators are Disorderly Conduct and Trespass.
Basically Disorderly Conduct means about what it sounds like it means -- acting in a manner
the police find disorderly -- and Trespass means being present on property without thepermission of the rightful custodian of the property. These charges are both "violations"meaning they are not crimes and are about as serious as a moving traffic violation. For theseoffenses the arrestee is almost always released from the police precinct after being given aticket informing him or her where and when to go to court.
The next most common charge is Resisting Arrest, which means that the arrestee allegedly
exerted force to prevent the police from effecting arrest. (A demonstrator might be given thischarge if a police officer uses unreasonable force since the officer wants to establish an
excuse for using force.) This offense is a crime, an "A" misdemeanor (and therefore affords thedemonstrator to the right to a jury trial). A person is usually released from the precinct with thischarge but has a greater chance of being held until court than the above charges.
The courts do not agree on whether or not "going limp" and forcing police to pick up a
demonstrator constitutes resisting arrest. Therefore, while persons who go limp risk a
Resisting Arrest conviction, there is also legal authority that it is not sufficient conduct to prove
Resisting Arrest.
The next most common charge is Riot in the second degree, which relates to urging 4 or more
persons to cause property damage or personal injury, or participating in the damage or injury.
If there are more than 10 persons involved and there is an injury (including injury to the apolice person) or damage, the charge will be a felony - Riot in the first degree - and thearrestee will not be released from the precinct.
Be aware of "going through the system"
Those arrested persons not released at the precinct go "through the system", meaning thatthey remain in police custody up to the time 24 to 72 hours later when they see a judge incourt. The journey involves at least one police precinct, a place called Central Booking (a precourt clearing house for all the county's arrestees), a mass pen in the court building, and finallya court "pen" where the arrestee will be allowed to speak to an attorney. (All persons are
assigned an attorney unless they already have one.) The judge decides whether to release ordetain the arrestee until the next court date; most demonstrator defendants are released. The
through-the-system experience is one to be avoided. (For example, see Tom Wolfe's only
slightly exaggerated description in the novel Bonfire of the Vanities.)

For additional information about the post-arrest process, read "You're Under Arrest" by
Ronald Kuby and William Kunstler.
Designate a civil disobedience monitor
Whenever arrests are expected, the demonstration group should appoint a person to monitor
the arrests. This person should make sure the arrestees have good identification, keep of listof the persons arrested and, if possible, go to the police precinct to make sure things go wellthere. The monitor should bring paper and pencil to the demonstration and be prepared tomake notes. If there is police brutality, the monitor should record the incidents, the names of
witnesses and the names of the officers involved. A camera is also helpful for such events.

At the Demonstration
Topics Below* Demonstrator Rights, Police Rights* New York Demonstrations* Civil Disobedience and Arrest
Demonstrator Rights, Police Rights
The First Amendment permits speech, however controversial, in "public forums" (streets,
sidewalks, parks, plazas and, in contemporary times, shopping malls). The protected expression
includes "symbolic speech" such as wearing masks, candlelight vigils, and, of course, flagburning. [masks are increasingly problematic in many places, these days.]
While the government and the police may not restrict the content of the speech (including, forexample, vulgarities directed at the police), they may impose reasonable "time, place andmanner" restrictions on speech. Thus, for example, the police may control the demonstration tokeep it from endangering public safety or order. And in New York City there are ordinances
against demonstrations too close to churches, consulates, hospital and certain other buildings.
Generally a speaker cannot be prevented from provoking or exciting a crowd. However, if aspeaker provokes a crowd to the point of causing property damage or personal injury(Incitement to Riot) or of another violation of the law, she or he can and certainly will be
stopped by the police.
Potential demonstrators often ask "can the police do this...." referring to a particular type of
restriction on demonstrating. The correct legal answer often boils down to whether or not the
restriction is a reasonable time, place or manner restriction under the circumstances -something a judge might have to decide later on if there happens to be a trial on the matter.
However, the practical answer to the potential demonstrator's hypothetical is that if the police
feel like it, they can and will do what they want and worry about the legal consequences later.

If a demonstrator believes her or his speech rights are being violated by a police officer, thematter should be brought to the attention of the legal observer, if there is one, or thedemonstration organizer. If those options are not available, it may help to politely but firmly
request to speak to the officer in charge. Often, however, that is the officer who ordered theaction in the first place. Arguing with the particular police officer will rarely change the officer's
mind. Refusing to obey the officer will usually result in an arrest.
New York Demonstrations
There is no right or wrong way to demonstrate -- the demo should be conducted in a way tobest highlight the political issues involved. However, in New York City the police appear to be
increasingly permitting less variety and spontaneity in demonstrations. If the demonstration is
on a city sidewalk the police will usually construct a pen with barricades within which they will
confine stationary demonstrators. Often these pens are a block or more from the actual site
being protested. Demonstrators that march will be required to stay on the sidewalk and notcompletely block the sidewalk. The courts will uphold most partial restrictions on the right todemonstrate in the name of serving the public's right to such things such as the free flow ofpedestrian and vehicular traffic, and safety.
Most demonstrations are stationary, within the police barricades. Demonstrators may holdsigns, but in New York City the police prohibit signs on wooden sticks, requiring that cardboard
tubes hold up the signs. Sound devices are generally allowed only with a sound permit.
Chanting is permitted but if the demonstration is close to a hospital, consulate or governmentbuilding the police will probably move it away so the occupants are not disturbed.
Civil Disobedience and Arrest
The usual civil disobedience features members of the demonstration blocking building
entrances or traffic and being arrested. Typically, shortly after the CD begins, the police officer
in charge will stand in front of the demonstrators and give a warning to cease the action while
the other officers, brandishing handcuffs, encircle the demonstrators. When the demonstrators
persist, the arrests begin and the arrestees are taken to police vans for transport to a precinct.
A member of the group should monitor the arrests, maintain a list of the persons arrested, takenote of any unreasonable force by the police, and be prepared to go to the police precinct toensure the arrestees' release.
In transport to, and at the precinct, arrestees should refrain from discussing the demonstration
with the police. While persons arrested should be cooperative about giving their name,address, job, and like information for the purpose of securing their release, there is nothing to
be gained from discussing the incident. If you do it, as they say on TV, everything you say can
and will be used against you in court. (See "You're Under Arrest" by Ronald Kuby andWilliam Kunstler.)At the precinct the arrestees are written up and usually released. If a person is charged withresisting arrests, fingerprints may be taken, which slows the process considerably since ittakes approximately three hours for the results of the fingerprint search to be returned to theprecinct. An arrestee may or may not be given a phone call. If there are any felony charges,
the demonstrator will not be released. Persons released receive either a "Summons" (whichlooks like a parking ticket) or a "DAT" (Desk Appearance Ticket) which state the date andplace of the court appearance for the charge. In New York the charges cannot be resolved at
the precinct.

You are Under Arrestby Ronald Kuby and William Kunstler
You are standing on Avenue A shouting "No Housing, No Peace." Suddenly, some huge exfootball player from Suffolk County jumps you from behind and slams your face into theconcrete. He is wearing a blue outfit, a gun, and is putting handcuffs on you. What has
happened? You are under arrest!
You are under arrest when the police, by their words (Halt or I'll shoot!) or their conduct(grabbing your arms and hurling you into a paddy wagon) make it clear that you are not free toleave. If you have any doubt as to whether you are under arrest, ask! (Assuming your mouth is
not full of blood and teeth.)
The police do not have to pronounce any magic words for you to be under arrest. And get this-contrary to the teaching of a generation of TV--the police do not have to "read you yourrights." Most people (and many criminals) still believe that a police failure to recite the Miranda
warnings means the case has to be thrown out. Not true. There is nothing sadder than the lookon the face of an otherwise hardened killer when you break this news to him. (Well, almost
nothing sadder.)A brief digression: (Like many myths, the "he did not read me my rights so I go free" is one that
can trace its origins to something in objective reality. Back in 1966, the Supreme Court heldthat the failure of the police to tell a suspect that he had the right to remain silent, and to a freelawyer before being questioned, meant that nothing the suspect said could be used against
him. So the Court put a crimp in the time-honored police practice of beating a confession out ofa suspect. Many suspects had to be released because the only evidence against them was aconfession extracted through torture. Eventually, many police learned how to get evidence
without hitting people (although they still beat suspects just for fun). This other evidence-eyewitness statements that you pulled the trigger, your blood-stained clothing, the recently
fired gun, etc.--has nothing to do with you making a statement and nothing to do with whether
you were read your rights.)
Ok. So you are in the squad car, going to the police station. As a general rule, the best policy
is for you to keep your mouth shut. Do try to avoid saying dumb things like "I didn't mean to doit; everyone else was doing it" and "I just meant to rob the guy, I didn't know that Joe would

shoot him." Do not try to talk yourself out of the arrest. The only thing that you can influence atthis point is whether you go "through the system".
If you are charged with an E felony or lower (including misdemeanors) the police get to decide
whether they will issue you a Summons / Desk Appearance Ticket (DAT) and release you, orwhether to put you through the system, forcing you to spend at least 24 and perhaps as manyas 72 hours in various dirty holding cells as you wend your way through the intestines of thebooking system, only to be dumped, looking and smelling like a turd, into a courtroom.
Your chances of getting a Summons/DAT are increased if you:
1) Cooperate with arresting officers by providing them with background information and valid
identification. This is the only time when it is useful to talk with the cops. If you cannot proveyour identity and residence, you will be fingerprinted and placed through the system. Homelesspeople are regularly put through the system, even for the most minor offenses. Homelesspeople should give arresting officers some real, verifiable address, even the name of a friend
who will confirm that they stay there.
2) Arrive "clean". After an arrest, you will be searched. Possession of weapons or drugs will
result in your being put through the system.
3) Commit a relatively minor infraction. Sitting down in the street and refusing to move,blocking the entrance to a building, and related conduct generally is treated by a summons.
Resisting arrest by going limp is usually treated by a DAT. Assault and property destruction will
normally result in your being put through the system.
4) Have no outstanding warrants. That court date you missed six months ago (Oh shit! Thatarrest?) has grown into a bench warrant and will result in your being put through the system.
Lying to the police by showing them false identification is stupid and illegal. It is a crimemore serious than the one you are trying to get out of. If they take your fingerprints and you
have been printed before under another name, you're in trouble.
Sometimes, a lawyer or responsible adult calling or showing up at the precinct can influence
the police to release you rather than put you through the system. (That is why your lawyers
usually do not stand there during demonstrations and call the police "fucking pigs.")
If the police use summons procedures, you will be taken to a precinct house. On the Lower
East Side, it will be the Seventh Precinct at 26 Pitt Street or the Ninth Precinct at 321 E. 5thStreet. A police officer will ask you background questions. You will then be issued a pink slip ofpaper with a court date, usually a month from the arrest date, and place, usually at 346
Broadway. Save this paper. You will then be released. If you do not show up within 30 days
after your date, a warrant will be issued for your arrest. Persons arrested at the same time may
be given different court dates--a tactic often used to prevent mass demonstrations at the
courthouse. Because off the 30-day rule, you have some flexibility in scheduling your court
appearance. Like everything else, going to court is more fun with your friends.

DAT procedure is similar, except that you are often fingerprinted at the station and the prints
are faxed off for a warrant check. This usually takes about 3 hours. You are given an 8 1/2 x
11 sheet of paper with a court date and a room number, usually at 100 Centre Street. Unlike
the summons, if you do not show up on the date given, a warrant will be issued for your arrest.
If the police put you through the system, you will first go to the precinct for a few hours. From
there, you will be taken to Central Booking, at 1 Police Plaza, and you will be photographed(mug shot) and fingerprinted. You have no right to refuse these procedures, and you will not bereleased until they are completed. You will also be interviewed by a representative from"pretrial services". The result of this interview will be used by the judge in determining whether
you should be released on your own promise to appear (release on own recognizance, orROR). It is important to give them the name and telephone number of someone who can verify
the information that you provide. Following this process, which may take up to five hours, youwill be taken to one of the precincts in Manhattan and held in a small cell for as long as fortyeight hours. They will take your belt and shoelaces away (really!) while you are in the holding
cell. Finally, you will be brought to court at 100 Centre Street, where you will wait in thebasement in another cell, as long as overnight. You will be brought "upstairs" to yet anothercell, where you will wait a bit longer before getting to see a judge. Just before you see thejudge, you will see an attorney, either Legal Aid or from your defense committee.
A trip through the system is no fun, but you can do it. Bring cigarettes, even if you do notsmoke. They are the jail system equivalent of barter. A toothbrush is also a handy and usefulitem of personal hygiene to bring with you.
Once you are in the system, the only way out is to wait until you get to see a judge. Be
prepared for the wait. No magazines are furnished. Make sure that your personal matters aretaken of. The jail guards do not care about your pets, children, or you. Persons who require
daily doses of medication will have their medication confiscated and will not be able topersuade anyone to return it.
Yes, there is a court decision requiring you to be produced before a judge within 24 hours or
released. No, it does not help you. In fact, it hurts you because the remedy for the delay isrelease. The serious felonies are processed first, to prevent them from being released. Since
you are getting out anyway, unless you shot the President, you often go to the end of the line.
The Catch-22 for you is that a judge will order you released after 24 hours but it can take 72
hours to see the judge.

DISCLAIMER: The advice given here is meant as a general statement of
the law, and should not substitute your spending a pile of money on areal flesh and blood lawyer

In Court
In New York demonstrator arrests end up in one of three courts: 346 Broadway (summonscases), 100 Centre St. (all felony and most DAT cases) or the Midtown Community Court(minor arrests concerning demonstrations in the Times Square area).
Topics Below* 346 Broadway (at Leonard St.), also known as the Summons Part
* 100 Centre St. (at Leonard St.)* Midtown Community Court (314 W. 54th St.)The following are the main in-court events demonstrators need to know about.
* Motions to dismiss* The ACD
* Trials* Guilty Pleas* Sentence* Sealing* Summary of the Judicial Process-----------------------------------------------346 Broadway (at Leonard St.), also known as the Summons Part
This court gives assembly line service to Manhattan's minor offenders. At their first appearance
defendants turn in their summonses at the clerk's office and directed to a courtroom in which towait for the judge. The courtroom is run, rather strictly, by court officers. There is no prosecutor
present (but the judge is often prosecution oriented).
Defendants in the Summons Part are asked whether they wish to plead guilty or go to trial.
(See below concerning court strategy). Those wishing to go to trial are given a new court date.
(The arresting police officers are not notified to appear until after the arrestee appears in courton the next date and repeats his or her desire to go to trial.) Persons pleading guilty are fined aminimum of $45 (the "mandatory" surcharge) and given time to pay if necessary. The arrestee
should try obtain a dismissal or an ACD.

100 Centre St. (at Leonard St.)
This is the main Manhattan criminal courthouse that means, among other things, that all
visitors go through a long metal detector line before entering the building. The DAT part iscurrently on the south end of the 1st floor. Upon checking in the defendant will be informed
whether or not the charges are "ready"; if they are not, the defendant is told to go home andwait for a notice in the mail. If the charges are ready, the arrestee will be instructed to wait in
the courtroom. If she or he has an attorney the attorney will obtain the written charges; if not, a
court-appointed attorney will eventually introduce him or herself as the attorney. At the first
appearance one should request a dismissal or an ACD, and then decide whether to plead
guilty or to proceed towards a trial (pleading not-guilty). Proceeding towards trial does notnecessarily mean there will be a trial -- for example, a dismissal, an ACD or a better plea offer
may become available on a later court date. See below for details regarding court strategy.
Midtown Community Court (314 W. 54th St.)
This new courtroom was partially funded by the Times Square businesses in the hope that it
could accelerate the judicial process against those who are perceived as a blight on the area
(i.e. unlicensed vendors, urinators, etc.) Recently someone decided that demonstrators fit thecategory. However, despite the intentions, cases which are not resolved at the first
appearance are simply transferred to 100 Centre St. and end up taking at least as long as anyother case. As advised above, when the case is called, the defendant should try for a dismissal
or an ACD, failing which he or she will decide between a plea offer or the path towards trial("not-guilty").
Motions to dismiss
A dismissal is the termination of the defendant's charges without any finding a guilt.
One primary basis for requesting the dismissal of the charges is that the charging document is
defective. In the Summons Part, this most often involves the police officer's failure to sign thesummons or, on a disorderly conduct summons, to allege the defendant's intention to block
pedestrians or vehicular traffic. (see People v. Tarka) In non-Summons Part cases, motions to
dismiss based on a defective complaint usually involve facial insufficiency, or the prosecutor's
failure to allege sufficient facts to satisfy the elements of the offense charged. In the summonspart the judge should inspect the summons for sufficiency, in the DAT parts the attorney
should do so.
The second primary basis for a dismissal is justification--which the purpose of the arrestee's
act was to prevent a greater harm. This defense is part of the New York State Law Penal Law(Section 35.05).
A third, related, ground is "the interests of justice"--that the issue related to the demonstration
or some other fact related to the case (sometimes the police officer's brutality in the arrest)
demands that the case be dismissed. See sample of written motion to dismiss in the interestsof justice.

While motions to dismiss may not often be granted, they should be made if there is a grounds.
The ACD
ACD stands for Adjournment in Contemplation of Dismissal. An agreement to an ACD is
almost as good as an outright dismissal. The case is adjourned for six months, after which it isdismissed and sealed. There is no admission of guilt or finding of any guilt, and the defendantdoes not have to appear in court on the 6-months date.
Technically a judge can vacate an ACD during the 6-month period if the ACD "no longer
serves the interests of justice". However this rarely happens. What happens if thedemonstrator is arrested again during the six-month period? Almost always, nothing. The main
reason for this is that the judge in the subsequent arrest case will not be aware of the ACD(unless the demonstrator was fingerprinted for both arrests, in which case the judge will have acurrent record which will the prior case; this would be unusual for demonstration arrests).
Secondly, even if the judge does know about the ACD case, he or she would be unlikely toreopen it because of another arrest (why make more work for the court system?). Instead thejudge probably just will not agree to another ACD. And even in the extremely unlikely eventthat a judge did revoke an ACD, the demonstrator would only be in the same position she or
he was in when the ACD was granted, which is that there has been no guilty plea and there
can then be a plea negotiation or the case can proceed to trial. In short, very little is risked withan ACD.
Increasingly prosecutors will agree to an ACD only if it is conditioned on the defendant serving"community service" (i.e. cleaning up litter for the Parks Department), usually for 1 or 2 days.
Agreeing to this condition is not an admission of guilt but it is obviously inconvenient.
There is one situation in which an ACD should not be agreed to and that is when the defendant
intends to bring a civil rights lawsuit based on "malicious prosecution" or "false arrest".
Appellate courts have held that the defendant's agreement to an ACD gives sufficientlegitimacy to the prosecution to bar a subsequent suit charging malicious prosecution, andhave implied the same may be true with respect to false arrest. If you are considering a lawsuiton these grounds you should consult with an attorney before agreeing to an ACD. An ACD
does not preclude other civil suit claims such as assault.
TrialsIf a motion to dismiss has been denied, and a request for an ACD has also been denied, thecase will proceed towards a guilty plea or a trial. All persons have the right to a trial. In the
Summons Part that trial will usually take place, if the officer chooses to appear, on the secondor third appearance; in other courts it will take even longer.
The right to a trial includes the rights to a speedy trial, to make motions for necessary
discovery material, to raise all appropriate defenses, to call witnesses and other rights. Since it
is not possible to discuss these rights in this writing, an arrestee who wishes to fully exercise
all rights should consult with an attorney or request one from the court.

The basic structure of a trial is that the police witness(es) testifies first, and the defendant, if heor she chooses to testify, and his or her witnesses, if any, testify second. The length of a trial
varies depending on which court it is in, the number of witnesses there are, and the complexityof the case. Most trials in the Summons Part take only the time it takes a police officer and thedemonstrator to tell the judge what happened -- usually a matter of minutes. The average nonSummons Part case takes one or two days but a complicated case can take much longer.
The demonstrator defendant, as any other defendant, has a right to a trial by jury for any felonycharge or a Class A misdemeanor, such as Resisting Arrest. Since most demonstrators arecharged with minor charges, their cases are tried before a judge, not a jury. The judge willusually not be very interested in the reason for the demonstration (but see the Refuse & Resist
Homepage concerning producing a political trial) and will be under pressure from her superiors
to rush through all cases as quickly as possible.
Often the demonstrator defendant will not be permitted to raise the political issues involved in
the demonstration at the trial. While the issues might be relevant if there is a "necessity" or"interests of justice" defense, if not, the judge will limit the issues to whether or not thedefendant was disorderly or trespassed, etc.
In all trials, the relevant legal standard for guilt or non-guilt is whether the charges against thedefendant have been proven beyond a reasonable doubt. If the trier of fact (as stated above,
usually a judge) finds the charges have not been proved, the charges will be dismissed andsealed. If the judge finds the charges proven, he or she must sentence the defendant.
Since most demonstration cases do not go to trial there is no typical demonstration trial. Whatcan be anticipated about trials however is that a police officer will testify that the demonstrators
trespassed or were disorderly and failed to desist when the police asked them to. At that pointin the trial, unless a demonstrator has strong evidence that the officer is lying or an evenstronger justification or other defense, a judge is likely to find the demonstrator guilty. For one
thing, nearly anything can be considered disorderly conduct; for another thing, judges are
reluctant to decide that a police officer has lied, especially when the officer is standing in frontof the judge in court. Thus, success at trial may depend on the ability of the defendant, or the
defendant's attorney to overcome or avoid these two judicial tendencies.
Guilt after trial subjects the arrestee to the potential penalties mentioned below (Sentence).
Demonstrators who decide to go to trial and are found guilty generally receive lenient
sentences (i.e. a conditional discharge) but at minimum are assessed the "Mandatory
Surcharge" ($45).
Guilty pleas
If the judge has denied a motion to dismiss and is not inclined to grant an ACD in the case, thedemonstrator defendant will have to decide whether to plead guilty or proceed towards trial. If
the defendant is leaning towards pleading guilty, the defendant or the defendant's lawyer
should always try to find out from the judge what consideration the court will give the defendantfor pleading guilty. Since the defendant will be giving up the constitutional right of forcing theprosecution or police to prove guilt beyond a reasonable doubt (which takes up the judge'stime), the defendant will be in a position to get a break for giving the court a break. If the
defendant is charged with a misdemeanor, usually the judge (and the prosecutor if one ispresent) will permit the charges to be reduced to a violation (normally disorderly conduct) andoffer a favorable sentence to encourage a plea of guilty. As is stated above, a finding of guilt toa violation is a non-criminal adjudication, and is about as serious as a moving traffic violation. If
the charge is already only a violation, there is no lower charge, so the court should offer a low
fine or no fine (other than the mandatory surcharge).
If the defendant understands the court's offer and wants to accept it, he or she can plead
guilty. This is usually accomplished by simply communicating that fact to the judge.
Sometimes, the judge may ask the defendant to explain what she or he did for which she or heis pleading guilty.
Sentence
After a finding of guilt, whether after trial or plea, the court must set a sentence. The judge's
options include incarceration, probation, conditional discharge, unconditional discharge, a fine,or a combination of these options. There is a mandatory court fee of $45 against all persons
found guilty of anything, unless the defendant is determined to be indigent.
In demonstration cases the sentence most often imposed is a conditional discharge with a fineof $55 ($45 of which is for the mandatory surcharge) or so. A conditional discharge is a oneyear period during which the case is not sealed and, during which, theoretically, a future
violation of the law could constitute the grounds for a resentencing (but almost never does).
Conditional discharges are sometimes called an unsupervised probation.
Defendants can agree (but cannot be forced) to perform community service as an alternative
to other sentences, and increasingly judges and prosecutors are asking for that agreement.
Usually the service involves 1 or 2 days of picking up litter for the Parks Department or theTransit Authority, but the judge and the prosecutor will occasionally agree to service withcharitable organizations such as the Gay Men's Health Crisis.
Sealing
After all dispositions of a case, which are “favorable to the defendant”, the case will be sealed.
"Favorable to the defendant" includes dismissal and, importantly, non-criminal findings of guilt(i.e. violations such as disorderly conduct and simple trespass). Sealing involves the physicaland electronic elimination of the case. The court papers are physically stapled shut and stored
in a designated area. The New York State computer entry for the case, if there is one (there is
one if the defendant was fingerprinted upon arrest), is eliminated, and the defendant's original
fingerprint card, if there is one, is returned to the defendant (the copies of the card aredestroyed).

When the court orders a conditional discharge as the sentence, the sealing takes place after
the one-year period. When a fine is ordered, and on other occasions, the judge may postpone
sealing for short period of time.
Sealing, like any other bureaucratic process, is subject to the mistakes of those who participate
in the process. If the sealing is sufficiently important, defendants (or their attorneys) should
investigate whether the sealing took effect. Several months after the sealing was supposed tohave occurred, the defendant can go to police headquarter (in Manhattan, at One Police Plaza,
on Chambers St., east of Centre St.), and have a fingerprint run done. If the sealing wasproperly done, the fingerprint search will not "discover" the arrest in question.
Sealing does not hide the particular arrest from everyone. Government employers and certain
private employers, such as foster care agencies, have access to sealed records.
Summary of the Judicial Process
For non-felony charges the defendant should attempt to have the case dismissed, then attempt
to get an ACD and, failing these, determine whether or not to go to trial. If a plea is given the
defendant should drive a hard bargain. If a trial is had, even if is lost, most demonstrators will
not be harshly sentenced.
If there are felony charges (such as Assault on a Police Officer or Riot), the court will always
assign an attorney and the charges must be taken seriously.
------------------------------------------------------------------------

www.actupny.org

ACT UP Marshall Training
MARSHAL TRAINING TIPS
This information is provided as a reference and cannot replace a Marshal Training.
1. THE ROLE OF MARSHALS AT AN ACTION
To facilitate the action as planned;
To act as an information source between planners and demonstrators;
To help demonstrators be safe while and feel good about demonstrating;To act as a buffer between police, hecklers and bystanders.

2. WHAT MARSHALS DO ON A PICKET
Set up the moving picket; determine picket perimeters;
Keep the picket moving and intact;
Watch the perimeters; be aware of police and others' movements;
Lead chants; intervene on behalf of picketers (If the picket is barricaded there MUST bea way for people to enter and exit. This is your legal right.);
Show legal area limits, should civil disobedience occur;
Stay calm; Keep people around aware of what's happening;
Wear an armband distinguishing yourself as a Marshall.
Avoid carrying signs.
Be responsible for negotiating with the police for First Amendment rights.

3. WHAT MARSHALS DO ON A MARCH
Front Marshals: lead at a slow pace, keep march moving steadily, watch for obstructions, help
facilitate civil disobedience, if any occurs;

Side Marshals: block traffic at intersections (facing cars), watch perimeters, help facilitate civil
disobedience, if any occurs;
Back Marshals: bring up the rear, set the pace, make sure no one gets left behind.
What to do at street intersections:
Marshalls block traffic by forming a line across intersecting street;(Many times the police will block traffic for us, but even if the police do this, then line up
between the cops and the marchers).
Groups of marshalls need to get to the intersection first (leap frog other Marshall lines to get tointersection).
Groups of 4 or 5 wait for the red light (when cars have stopped) and quickly slide out, holding
hands, and FACE THE CARS.
When the march has gone by, don't dissolve until there is another red light to protect
marshalls.
When you're rushing to get to the next intersection, try to make it seem as if you're notpanicking or creating a riot.

4. WHAT MARSHALS DON'T DO
Don't panic, ever.
Don't do the police's job, ever.

5. THE ROLE OF THE POLICE AT AN ACTION
To protect property from damage;
To contain demonstrators, keep us from making a commotion.

6. WHAT YOU NEED TO KNOW:
DEALING WITH THE POLICE AND OTHER PROBLEMS

What's Legal at An Action:
A moving picket on a public sidewalk with signs and chanting;A sidewalk march with signs and chanting;Handing out leaflets to passersby without blocking way.
What A Permit Is Needed For:Sound amplification devices: The worst charge for using a sound device is a summons -equivalent to a parking ticket -- police can also confiscate device)
Marching in the streets/street closure. (Usually ACT UP does not get a permit because thepolice ask too many questions about what we are doing, know too much about the action, andhave too much control over us.)
Police: Bluff and Stall*; Stop, stand and wait; Stop and sit.
*Bluff and Stall:
Tell the cop it's legal (whatever it is you're up to); Ask what law you're breaking, ask how you're
breaking it (Remember that the police will not necessarily be truthful);
Demand to see their superior officer; send them to see their superior officer;
Keep insisting on your right to do what you're doing.
Remember that the cops are bluffing and stalling as well. The police don't necessarily want toarrest people unless you push them or threaten their dignity. If there is an injunction, ask forcopies of it. The injunctions must show if there were any specific time and place restrictions.
If the march is large and well organized, it is difficult for the police to start arresting people.
Hecklers: Face trouble; Isolate; Converse if possible, while march goes past.
In case of violence: isolate, separate.
Bring vocal attention to violent, harassing cops (i.e. get crowd to shout "shame, shame" while
pointing at cop).
In case of a medical emergency: one marshal remains with injured person, another gets police.
NEVER touch a police officer.
Try to be calm during a confrontation with a cop.

If the entire crowd is in danger or panicking, tell everyone to SIT DOWN.
This keeps people safer and more non-threatening; it takes control of the street space andallows you to regroup and regain composure.
While it's counter-intuitive, horses will not step on a person sitting down.
The animals are more careful than the riders to look for firm ground.
Also - Wear sturdy shoes and clothes!

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Why We Get Arrested
I have an arrest record for civil disobedience that spans 23 years and covers seven states, theDistrict of Columbia, and one foreign country. However, I never go to a demonstration to getarrested; I go to demonstrations to bring about change, and am willing to risk arrest to producethat desired change.
Any group that wishes to use civil disobedience or direct action to achieve change must:
1) make absolutely clear what change is desired, usually by listing specific demands;
2) target a group or individual with the power to bring about the desired change;
3) design actions so that the cost of resisting change is perceived by the person/group in
power to be greater than the cost of giving in.
The classic type of civil disobedience advocated by Gandhi and Martin Luther King, Jr., is one
in which an unjust law is deliberately and openly violated. Most of the demands of AIDS
activists do not lend themselves to the classic Gandhi/King style of civil disobedience.
Nevertheless, the same basic principles apply: Make it more costly for those in power to resist
than to give in.
This is done in one of two ways:
1) create problems for those in power that will not go away until they give in (for example,
occupy their offices or zap their phone lines), and/or
2) educate the public in ways that both cause embarrassment to those in power and cause
them to be fearful that the popular movement for change may grow strong enough to threaten
their power (for example, interrupt news broadcasts or hang banners).
We should be thinking and talking about what we do much more carefully. For example, when
we sat down and blockaded the entrance to the New York State Senate last year in Albany, wewere very clear about what we were doing. We did not say we were there to get arrested. We
said we had a set of demands and that if Ralph Marino (the Senate Majority Leader) and
Governor Cuomo would agree to our demands, we would go home because we were there to
pursue a specific set of demands, those demands were picked up and publicized by the media
covering the arrests. That helped to educate people, embarrassed Cuomo and Marino, andcontributed to the building of our movement and the achievement of change. Other ACT UP
members who were in Albany that same day apparently told a local newspaper reporter thatthey were "going to get arrested. "That reporter then wrote a column that described people
who were intent on getting arrested, as if getting arrested were an end in itself. There was no
mention in this column of the specific issues that drove people to commit civil disobedience.

If these individuals had 'instead told the reporter that they were willing to risk arrest in order tobring about X, Y and Z, the action might have been more powerful. My point is simply this:When we engage in civil disobedience, we do so to achieve change, not to get arrested.
Getting arrested is of little significance in and of itself. We're not out to accumulate arrests likemerit badges. Arrests result from our commitment to achieve change; they are the means to anend, not the end in themselves.
– Aldyn Mckean (d. 1994)-----------------------------------------------------------------------Grand Central seemed to me a good point to reflect on this. It seems to me that the policeknow our tactics well, and if they wait long enough, we'll just leave the scene. Which we did.
And only to go block off a useless intersection in the cold. I was told we avoided Times Square(a much more logical intersection to mess up, in my mind) because some cops stopped thecrowd. Don't people have freedom of passage in this city anymore? Can they identify andselectively prevent certain people from moving where they want to? Why is the situation withthe police so symbiotic these days? I feel we're a little too predictable. The arrests were auseless anticlimax to a powerful demo at Grand Central. We need to be more persevering if
we want to accomplish a goal with arrests, and not, as it seemed to me, provide an opportunity
for newer, younger activists who seem to need to be arrested as initiation rite. We waste
everyone's time in that case.
– Howie Pope-----------------------------------------------------------------------During my first C.D. (civil disobedience) training with ACT UP, one of the questions each
person was asked to answer was "Why do you want to get arrested?" My reply was 'I don't
want to get arrested. I want to make my point and I'm willing to get arrested if that is necessary
in order to accomplish my goals. Frankly, I'd rather make my point and not get arrested. "I still
have the same positions for a lot of reasons.
First, there are people in jail who never wanted to be there and I feel, myself, that voluntarily
going to jail often seems cavalier.
Second, I think different actions can accomplish their goals without arrest being the final end
point. In Albany, we managed to get onto the floor of the Senate chamber, deliver our
message, and walk out without arrest. I didn't participate in the Day of Desperation but I was
someone who watched coverage on T.V. as it happened. The point was gotten without thearrests and, in fact, since I didn't watch the 11o'clock news, I didn't even know people got
arrested on the street. A much smaller number of people did the actions the evening before
and during the day and, although some did get arrested, their numbers were small and werenot, in my view. the most important part of those actions.
Third, I think the goal of getting arrested puts the cops in control in many situations. The F.D.A.
action was a case in point where the cops set the terms of arrest (sitting down in front of thebuilding) and people spent the entire day trying to do something to "get arrested. "Many didn't

and sometimes people were pushed into doing things they might not have done otherwise (i.e.
breaking windows). I'm not against property? damage but I want to be in control of what ldecide to do and not to do it out of frustration.
Fourth, often if arrests don't happen, people think the action didn't "succeed."
Finally, some people can't get arrested because of previous records, health, residence status,and so on and when getting arrested becomes the goal we can end up creating two "classes"of people, one that has more status than another. So, I'm neither for nor against "getting
arrested" in those terms but think of it as the possible outcome of something I do that 1 should
be prepared for and I think we could be more creative and sparing about its use as a goal andas a tactic.
– Maxine Wolfe-----------------------------------------------------------------------I remember, in particular, the "negotiated" arrests of about twelve Oberlin students at NIH. They
had no real act of CD planned, no particular scientist to target, and no clear cut message toimpart. They did, however, very much want to be arrested. One of the ACT UP lawyers cut a deal
with the NIH security chief. These students were to walk through an opening in the fence and, inturn, they would be gently arrested. At the last minute, and at the suggestion of the lawyer, theydecided to chant, "We'll never be silent again" as they were led away. The fence had been broken
at that spot by the Hershey's kisses, who were after Dr. Hershey at NIH, and the kisses were
beaten with billy clubs when they made their break, an event that was widely shown on TV.
I also remember the relative pointlessness of my first arrest at the end of the Day of Desperation. I
stayed with the group seated in the intersection of 42nd Street and Lexington Avenue, which wasnever given the option to discuss whether we were a march that had simply been stopped by thepolice or a group engaging in civil disobedience, out of pure solidarity, one of the stated goals of
the Affinity 500.
I have to say that the whole experience was at turns thrilling, beautiful, informative (my arresting
officer was a narcotics officer on overtime and was in favor of needle exchange because it madehis job safer) and revealing. Before my arrest, I had read, in "AIDS Demo Graphics", about thePower Tools, who got past security at Burroughs Wellcome, literally sealed themselves in an
office using steel plates and bolts, and proceeded to call the media to demand lowering of theprice for AZT and I thought, "I could never do that." Now, I think could.
The $64,000. Question for me "How many activists, first arrested at "meaningless" mass CDs,
then feel empowered to go on to do the next thing, to take on a real AIDS criminal and risk arrestin the process?
– Steven Keith------------------------------------------------------------------------

From movements before ours, we know that numbers of arrests get attention. They are a way
to point an arrow at an issue, in the media and in the political arena. To my way of thinking,there are different types of arrests. The two I am most familiar with are the mass demo arrests,
like the "1987 March for Lesbian and Gay Rights" in Washington, and like "Day of
Desperation", where a large number of people take arrests to communicate the idea that they
are dissatisfied with the way things are- what's happening/not happening. Primarily a symbolic
act. The other kind of arrest l have experienced is more concrete. For example, taking over anoffice. By storming in, applying pressure to a pinpointed person to make our demands known,
and force him/her to do his/her job, change something, or whatever is needed. This is usuallymore focused, smaller-scale action by an affinity group or ad hoc group who discuss and plan
the scenario. That's part of the "why/when. "The "who" is an individual decision. For me, itbegan as a symbolic act a few years ago and has turned into a necessity both as my "part" tocontribute to the quest for social and political change, and as a channel for personal frustration
and anger (of course, trying to keep my wits about me). I do encourage C.D.
– Karen Ramspacher-----------------------------------------------------------------------The Grand Central action was the greatest demonstration I've ever participated in the past 11
years. Getting arrested was not only an extremely important part of the action, but without therisk of getting arrested we never could have done what we did. To shut down Grand Central
required a very strong chance of getting arrested because every action we did was illegal-covering the schedule board, blanketing the information & ticketing booths; releasing theballoons, taping the gateways closed and lying down on the main floor. We could not havedone anything if this was a simple orderly mass march.
Secondly, did we make our point at Grand Central before we got arrested? Yes, we certainly did.
And did we need to stop the tremendous energy and momentum we all felt because the NYC
Police Department decided that the best thing to do to us was to leave us alone and let us shrink
and go away? No, we certainly did not. We needed to continue the amazing energy and action we
had all created, and after a vote on the floor of Grand Central we did the right thing by continuing
to disrupt business as usual. We stopped traffic for hours in all directions, screwed up the entire
police apparatus for a whole evening, and let the entire nation know that 263 people committed
civil disobedience & broke a law in the name of truth and justice. Breaking a law ups the ante,
clogs the courts & tells the world that ACT UP is serious, committed & will not be silenced. I wasproud to be arrested during the week of Martin Luther Kings birthday & will continue to break thelaws of this fuckin' system until it radically changes.
One final point is that for at least the past 2 years NYC cops have tried to avoid arresting peopleat actions around all political issues. They are doing this because civil disobedience has gotten
more publicity, has screwed up the already screwed up court & arrest system & is making a
difference. If the establishment doesn't want to arrest us, we should be arrested. There have beenover 2,000 people arrested in San Francisco since the US. started bombing civilians in Iraq andthis is fantastic and effective. If getting arrested wasn't effective, the establishment would not belooking to avoid arrests. So let's just do it!
– Bruce K

-----------------------------------------------------------------------"Civil disobedience in its classic mode... is about breaking a law in such a way that any
onlooker would be faced to question the morality of the law." So writes Don Shewey in a recent
TITA. I must say, first, that I agree-- arrest qua arrest is just a bother. 1 must also state that
Day of Desperation was my first arrest'. Bear in mind that my following points are informed anddirected by this fact.
1) We took Grand Central Station rather easily. I think part of the backlash to the 42nd St.
arrests on DoD is a reaction to this. Can we really just occupy NYC's commuter center without
incident? Are we really that powerful (visa vis the public, the media, the authorities)? More
important, does our occupation of GCS represent anything other than our reaction to mostpeople's inaction in the face of AIDS? If so, haven't we a right-- or a moral obligation -- to be
angry? That is, to take our anger to Pitt Street, or One Police Plaza, or wherever we chose.
2) Jamie Meyer stressed the personal statement CD makes and represents. I must say I agreewith Jamie as well. I know why I was arrested. For my friends and acquaintances who are at
risk for HIV and do nothing because something has not yet "clicked" inside. For the group of us
known as ACT UP, willing to put our bodies on the line, on any line, to make ourselves heard,
to stay together (to stay alive together). For the group known as ACT UP, willing to put ourbodies on the line, on any line, to make ourselves heard, to stay together (to stay alive
together). For the scary truth that it is easier for me to go into a holding cell with my friends fora few hours than to go get another HIV antibody test. For publicity.
3)Let's not fret too much over this particular CD but, rather, now that we know more than ever
our abilities, use our CD and experience to more effective ends, Anyway, what would an ,ACTUP action and multiple arrest CD--our largest ever--be without contradictions in intent andoutcome? We go as many; we go as one.
– Scott Wilson----------------------------------------------------------------------I think that the question of the effectiveness of getting arrested is but part of a bigger question:
How do we deliver our Message? Another part of this question is seen in the discussion of thevalidity the: practice of newspaper (and radio) advertisements. Both practices seem part of the derigueur of any ACT UP action, and I think that this needs to be questioned. While I think thatgetting arrested is admirable, I am not convinced that it necessary for an action to be successful. I
think that for the "Day of Desperation" part of the strategy was to have a unified show of force anda willingness for a large number of people to risk arrest, and actually get arrested, to convey themessage that the AIDS crisis is not over, and that the arrests did add to the action. However, I
think that the essential component to this was that the arrests were integrated into the action andhad a specific purpose. This is essential, and any action that fails to present a clear rationale forarrests should not have any.
The Dan Rather Raid and several other events have show the effectiveness of actions that riskarrest to convey a message, a message that is not delivered by blocking a street (or placing anewspaper advertisements). I think that ACT UP should marshal its creativity and redouble ourefforts to deliver our message without utilizing arrests (or newspaper advertisements, somethingthat ACT UP should also address) as the method to deliver our message. However, I do notbelieve in rejecting any avenue to deliver our message. so I do not think that we should reject thenotion of arrests entirely.
ACT UP! FIGHT BACK! FIGHT AIDS!
– Patrick Brown-----------------------------------------------------------------------Arrests can be very effective at the margins of an action. Unfortunately, far too many
newspapers like the Post will only report the arrests and nothing else. As someone who goesto lots of actions and who for personal reasons scrupulously avoids arrest, I find that situationoccasionally disconcerting. Saint Patrick's was the classic example: one person dropping awafer managed to shift attention away from the biggest demo ever held in front of theCathedral.
Also, there is the question of "bang for the buck." If you factor in all the costs including fines,
bail, and legal fees (even when donated), arrests become a very expensive form of First
Amendment exercise. Shouldn't the floor have some say about the level of support it is willingto lend an affinity group before it is cornered into a messy, last-minute negotiation over lawyers
fees? As happened with the Souter demonstration in DC.? Also I bristled at the thought of allthat O/T going to a lot of jaded cops who live in Nyack and will never put that money back into
the city that puts bread on their table.
One thing that needs to be made clear is the status that civil disobedience has for us as anarena of resistance: a large part of our motives in getting arrested is surely knowing the impact
it makes. Because, although bitter, people are not so hardened or impenetrable , as surfaces
may seem. We are arrested knowing at least some witness, for a moment their routine
business disrupted, has been moved enormously by our seizure. And it's how common groundis paved. We experience the very actions that provoke police interventions as liberating
because our understanding as political AIDS activists is of Law and Order, and social policy
generally, as patently, murderously oppressive. So, while the vans and the riot gear affirm ourthreat, our sharing in this freedom fastens us even closer, closer in becoming a community ofresistance. When you look and see so much around that is wrong, and that tears your life
away, what are you supposed to do? We've got to get over before we go under because it's
taking more than time.
– Ionnis Mookas

www.actupny.org