By Lev D. Zilbermints
NEWARK – Depending on who is telling the story, police either violated the First Amendment rights or dispersed a noisy demonstration that disturbed the peace.
On October 14, between 5:30 p.m. and 8:00 p.m., a demonstration of protest took place opposite Hotel Riviera, at 169 Clinton Avenue in Newark. Several protesters, joined by about five tenants and community activists, held a demonstration to focus on smooth relocation for the residents to clean, decent, safe and secure housing.
Protesters say that police illegally removed them from the protest in front of the Riviera Hotel. On the other hand, police at the protest repeatedly quoted Title 2C of the New Jersey of Criminal Justice. Section 2C:3-6 regulates use of force in defense of premises or personal property.
“Local Talk” attended the 5:30 p.m. rally, arriving around 15 minutes in.
The October 14 5:30 p.m. Protest
On the ground lay yellow police tape with the word “Caution” in black letters. Two orange cones stood on the sidewalk. It looked like someone wanted to fence off two city blocks to prevent the protest from taking place.
Victor Gavilanes described how the yellow “caution” tape was erected, taping off the equivalent of two city blocks.
According to Gavilanes, between 5 and 5:30 p.m. the Riviera Hotels staff came outside and placed cones across the sidewalk blocking their entrance and most of the corner with caution tape, claiming the entire corner as private property. One of the organizers tore it down and pushed back the cones addressing that the sidewalk was public property and there was no construction going on for them to put the tape up.”
In order to find out whether there was a City Ordinance barring protests on the sidewalk, “Local Talk” repeatedly tried to reach the Acting City Clerk, Municipal Council members, Kenyatta Stewart, the corporation counsel, Hotel Riviera representatives, and 5th Precinct representatives via email and phone. As of press time, none had responded.
A 11-minute video shot by “Local Talk” showed protesters interacting and giving hugs, talking with police officers. Dee Dee Lee is seen arguing with police, telling them protesters have a right to be on the sidewalk.
In the doorway of Hotel Riviera, a woman, later identified as Deborah Mapsen, is standing, staring hostilely at the protesters. Hotel Rivera personnel and security twice refused to answer questions from the press.
According to Sharonda Allen, “Deborah Mapsen is part of the management at the hotel and is in charge of providing resources and information to the residents. Mapsen is the person who refused to answer questions. She is either ignorant, a liar or both, stating that the sidewalk was private property. Not sure who, but someone used “caution” tape, not police tape to block the public sidewalk, so Mapsen was trying to act like she was a victim while covering up corruption.”
Caution tape can be used for paint avoidance, to stop pedestrians from walking through wet cement, and to help others avoid a hazard. There was no police tape posted, which could be used to protect a crime scene, to block off a dangerous area, and to quarantine off areas for official use.”
One activist, Victor “Inuk” Gavilani of Lost Tribes, is speaking. Munirah Bomani in the background is heard shouting into the megaphone. “We want developments without displacement! People over profit. Stop developers and corrupt greed. We want responsible developments. Responsible tax abatements. Housing for all levels of income. Fair housing now! We want our voices and needs heard! Stop terrorizing residents and community advocates! Stop the police and governmental terrorism!”
“Housing as a right” is seen in multi-colored letters on a sign held by a protester. Other signs show slogans such as “Stop all the Gentrification in Newark”, “Solutions 4 Housing”, “Banks Redlined Communities.”
A total of three protesters and five tenants or community activists participated in the evening protest.
By comparison, a 36-minute video of the 12 p.m. protest at the same location shows minimal police presence, with one or two officers. While a single protester is shouting demands into the megaphone, life goes on as usual. Hotel Riviera staff is seen taking chairs out of the rear entrance of the hotel. Pedestrians pass by the protester, with nary a look.
Police Begin Trying to Remove Protesters
Another cell phone video, of the 5:30 p.m. protest, slightly over 4 minutes long, shows protesters arguing with police. At this point video shows eight or more police officers on the sidewalk in front of Hotel Riviera.
Police surround each protester, seeking to isolate them. At this point, protesters begin to argue with police. Two more police cars arrive. A total of 6 cars and 10 police officers were at the 5:30 p.m. protest.
By this time there are more police than protesters. The police are on the sidewalk, standing in twos and threes. At this point, the protesters argue with police over whether they have a right to protest on the sidewalk in the first place.
One officer, Sergeant L. Blount appeared to be in charge. The sergeant kept telling protesters that they have no right to be on the sidewalk. “Local Talk” later saw Sgt. Blount unlocking the handcuffs at his belt and swinging them around in the air.
Neither the police nor protesters engaged in any violence. Both sides limited themselves to verbal arguments. However, the numerical advantage of police allowed them to gradually push the protesters off the sidewalk. By 8 p.m. police were hinting that protesters would be arrested if they did not “take a walk.”
Legal Responses from Protesters
One protester, Sharonda Allen, wrote in her email, “There is no ordinance that prohibits protests on the street. In fact, the removal of the protestors was unconstitutional and equates to malicious prosecution based on the lies reported to the police against the protestors.”
Munirah Bomani, in her email to “Local Talk”, stated, “We had a right to a peaceful protest on the sidewalk. We were not obstructing public passage.”
Victor Gavilanes, a community activist, told “Local Talk” in an email, “Under the City Ordinance, Chapter 5:10 Special Events, it appears the city conveniently has that rallies pertaining to social and public issues on public property must require a permit that is purchased by those organizing the rally. Which to me sounds more like a great way to suppress my First Amendment right to assemble and express my views by protesting.”
According to the American Civil Liberties Union, “you do not a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass for safety reasons.”
According to ACLU, your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks and parks. … When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police.”
Munirah Bomani sent legal research stating that police deprived persons under color of law. Under 18 USC 242, “whoever under color of any law, statue ordinance or regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States… shall be fined under this title or imprisoned not more than one year or both…”
Also, 18 USC 241 provides that two or more persons conspire to injure, oppress, threaten or intimidate any person in any State, Territory, Commonwealth Possession or District… they shall be fined under this titled or imprisoned not more than ten years or both…”
The statue provides that if death results from the acts committed in violation of this section, or kidnapping, or a kidnap attempt, aggravated sexual abuse or even more serious crimes, the penalty shall be imprisonment of years or for life, or may be sentenced to death.
Finally, 42 USC 1983 provides that whoever causes under color of any statute to be caused deprivation of any rights, privileges or immunities secured by the Constitution and the laws shall be liable to the party injured in an action at law, suit in equity or other proper proceeding for redress…”
Grievances of the Hotel Riviera Tenants. Intimidation and Threats.
Sharonda, Victor and Munirah all wrote in their emails that residents of Hotel Riviera have been threatened by both management and security not to speak up or else they will be kicked out.
Both Victor and Sharonda wrote that the main complaints against the Riviera Hotel are the malicious prosecution of the protesters, the maltreatment of the people who sleep there as they suffer from housing insecurity, the unprofessional and malicious behavior of Deborah Mapsen, the illegal eviction of the residents of the hotel, misuse of Federal (TRA) funds, and the systematic removal of low income individuals from housing. This leads to gentrification.”
Gavilani wrote in his email, “I wanted to add that the residents were being threatened to not engage with protesters and were told that if they came outside to be part of a rally that they would be removed and not allowed back in.
Management at the Riviera are using fear tactics to keep those folks from speaking up for themselves. It’s already disgusting that it took public opposition for them to even offer minimal recourse to help these folks. The first options given to residents were the streets then local shelters. The same shelters that are in worse conditions with no real assistance to ensure that these residents have the opportunity to be placed into a safe and secure home.”
