Jayland Walker's death sparked protests in Akron. What are your rights as a protester?
Ongoing protests in Akron following the police shooting of Jayland Walker have led to the city renewing its curfew on Thursday night.
The curfew went into effect at 10 p.m. until 6 a.m., spanning downtown Akron. It willl remain in effect until the city issues another order that lifts it.
Several protesters have already been arrested, including Breonna Taylor’s aunt and Jacob Blake’s father. Violating the curfew entails a fourth-degree misdemeanor and either a fine up to $350 or up to 30 days in jail.
Here’s what you need to know about the curfew and your protest rights in Ohio:
Q: Are there exceptions to the curfew?
Yes, but they’re limited. Law enforcement, medical and fire personnel are exempt, in addition to the news media. Ohioans fleeing dangerous circumstances, seeking medical care or traveling between their home or work are also in the clear.
Q: Is it legal to protest in Ohio?
Yes — the First Amendment guarantees the right to assemble and protest. However, there are some limitations. According to the Ohio American Civil Liberties Union, protesters may not block traffic. Certain locations, including but not limited to private properties and certain parks or plazas, may also require permits to protest on.
Impromptu protests are allowed within two days of an unfolding event, but organizers are still required to notify the Cleveland Division of Police at least eight hours in advance.
Q: Are there protest rules in Ohio?
Violent, obscene or threatening speech is illegal under the First Amendment, and endangering others could result in arrest. Don’t antagonize or touch law enforcement, and be mindful of drugs or weapons — these could result in additional charges, if arrested.
Q: Can I record the police?
You can, and police cannot search cell phones without a warrant. Keep in mind that whatever is said to the police can be used against an individual, and law enforcement can authorize an arrest if you fail to identify yourself, upon being asked. Additionally, you do not have to agree to an officer searching you or your car — the Cleveland Legal Aid Society urges protesters to be vocal about their consent.
Law enforcement is still allowed to conduct pat downs (not searches) if they suspect an individual may be armed.
Q: What do I do if arrested?
Being arrested and released on bail, from start to finish, can last up to 36 hours. The police will ask for basic information, followed by a court agency interview to determine bail — you do not need to answer the agency’s questions (you can request for an attorney), but doing so accurately will move the process faster.
The Ohio ACLU said that the main types of crimes a protester is charged with are minor misdemeanor, misdemeanor offense and a felony offense.
Officers may also detain, not arrest, protesters for suspected involvement in criminal activity.
This article originally appeared on USA TODAY NETWORK: What are your rights as a protester in Akron and Ohio?
