The Oakland City Council has (at least) twice proposed banning "tools of violence" (such as hammers, knives, etc.) from protests. in the wake of the Trayvon Martin protests, the City Council passed a tools of violence ban during the July 30th, 2013 City Council meeting [source].

2012

In 2012, City Attorney Barbara Parker and City Council member Pat Kernighan proposed banning weapons and "other tools of violence" at demonstrations, particularly in the midst of Occupy Oakland.  They cited the November 2, 2011 usage of a pressurized paint sprayer, heavy sticks, hammer, aerosol paint and fire. They also cited the January 28th, 2012 "move in day" protests and the handmade shields, paint and a wrench that was used to open a fire hydrant. On May 1st, at the May Day protest, their resolution (see below) cited a fire accelerant, paint projectiles, a large pole and fireworks.

Barbara Parker argued that the ordinance was constitutionally legal as these "weapons" had no bearing on the freedom of speech.

The proposed banning the following, by amending the municipal code section 9.36.500. Punishment could include a fine up to $1000 and jail time up to six months (a misdemeanor). 

  • “Club” means any length of lumber, wood, wood lath, plastic, or metal, unless that object is one-fourth inch or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed three-quarter inch in its thickest dimension. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for mobility so that the person may participate in a demonstration.
  • “Painting Device” means any aerosol paint can or pressurized paint sprayer, including but not limited to, any improvised device.
  • “Paint Projectile” means any container, including a plastic bag or balloon, and containing paint and designed to be thrown or projected.
  • “Shield” means any impact-resistant material held by straps or a handle attached on the holder’s side of the impact-resistant material and designed to provide impact protection for the holder. “Handle” does not include a stick or dowel used as a sign post. Paper, cloth, cardboard, or foam core less than one-quarter inch thick are not impact-resistant material for the purposes of this ordinance.
  • “Wrench” means a wrench with a span greater than or expandable to one and a quarter inches standard or 30 millimeters metric and of a length of 12 inches or more. B. Weapons and Vandalism Tools Prohibited.
  • No person shall carry or possess a Club, fire accelerant, fireworks, Painting Device, Paint Projectile, Shield, sling shot, hammer, or Wrench while participating in any demonstration.

Watch a video of the public safety meeting where it was proposed here.

You can watch some videos of the lively meeting here, here, here, and here.

Although the item got moved out of public safety, it never went any further. "Kernighan said she didn't reintroduce the ban because the idea appeared to inflame, rather than calm, an already tense situation."1

Tools of Violence Resolution by oakloc

2013

In the wake of the vandalism during Trayvon Martin protests, city council again brought up this ordinance. This time, the ordinance will skip the public safety committee and go straight to the full council at the last meeting of the year, on July 30th, 2013.  The re-introduction is partially because a waiter at Flora, Drew Cribley, was struck in the head with a hammer in addition to lots of vandalism. Interestingly, Pat Kernighan told the Chronicle that she was "leaning toward" voting for the ordinance but that the real issue is that "police are stretched too thin."2

This time the ordinance was proposed by Noel Gallo. It is prefaced with this: "Based on comments received at the May 22, 2012 public safety committee hearing, the attached ordinance contains a few modifications to address issues raised by public speakers at the time the original ordinance was presented."

Weapons are now defined as:

  • "Club" means a length greater than 12 inches of lumber, wood, or metal, unless that object is one-fourth inch or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed three-quarter inch in its thickest dimension. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for mobility so that the person may participate in a demonstration. Club shall not include an umbrella or camera tripod or monopod.
  • "Painting Device" means any aerosol paint can or pressurized paint sprayer, including but not limited to, any improvised device.
  • "Paint Projectile" means any container, including a plastic bag or balloon, and containing paint and designed to be thrown or projected.
  • "Shield" means any metal sheet more than 24 inches wide and held by straps or a handle attached on the holder's side of the metal sheet and designed to provide impact protection for the holder.
  • "Wrench" means a wrench with a span greater than or expandable to one and a quarter inches standard or 30 millimeters metric and of a length of 12 inches or more.

The ordinance goes on:

  • B. Weapons and Vandalism Tools Prohibited.
  • No person shall carry or possess a Club, fire accelerant, fireworks. Painting Device, Paint Projectile, Shield, sling shot, hammer, or Wrench while participating in any demonstration

This seems to add hammers to the list of weapons. See full text attached.

.View Report (32).pdf

Supporters

Noel Gallo's June 31, 2013 newsletter encouraged subscribers to email Council in support of the ordinance. He writes: 

After the recent incidents with the demonstrations that occurred on the week of July 13th – July 16th in response to the George Zimmerman verdict, I have re-introduced an Ordinance Prohibiting the Possession of the Tools of Violence And Vandalism During A Demonstration. The goal of this ordinance is to give our Police Department an extra tool to help protect life and property in our city. This behavior is unacceptable and needs to stop. Although there have been demonstrations all over the country, no other city has experienced the same level of violence and destruction that we have experienced in Oakland. The violence and destruction experienced in the downtown area during these demonstrations is a reflection of violence and destruction that takes place in our neighborhoods on a daily basis and both need to stop. The City Council will vote on this ordinance at TONIGHT'S Council meeting, I hope that with the help of my colleagues we can begin making changes and start holding individuals accountable for their poor decisions. 

The July 30th, 2013 newsletter from the Chamber of Commerce also encouraged subscribers to support the ordinance. They linked to a letter Joseph J. Haraburda, President and CEO of the CoC wrote to Mayor Quan in support of the ordinance. From the Newsletter:

The Oakland City Council will debate in a special meeting whether or not to support an ordinance prohibiting the possession of the tools of violence and vandalism during a demonstration.Click here to read the Chamber's letter in support of the ordinance. To show your support, call your Councilmember to voice your position.

 

 

In the News

 

References

  1. Jones, Carolyn. "Oakland may ban 'tools of violence' from protests." SFGate.com: July 25, 2013.
  2. Jones, Carolyn.
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