D.C. Mun. Regs. tit. 24, r. 24-705

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-705 - FIRST AMENDMENT ASSEMBLIES: GENERAL PROVISIONS

705.1

It is the declared public policy of the District of Columbia that persons and groups have a right to organize and participate in peaceful First Amendment assemblies on the streets, sidewalks, and other public ways, and in the parks of the District of Columbia, and to engage in First Amendment assembly near the object of their protest so they may be seen and heard, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in the assemblies to use the streets, sidewalks, and other public ways to travel to their intended destinations, and use the parks for recreational purposes.

705.2

A "First Amendment assembly" means a demonstration, rally, parade, march, vigil, picket line, or other similar gathering conducted for the purpose of persons expressing their political, social, religious, or other views.

705.3

The Metropolitan Police Department may impose reasonable time, place and manner restrictions on First Amendment assemblies held on District streets, sidewalks, or other public ways, or in District parks. The imposition of restrictions may occur:

(a) Through the approval of a plan, where organizers give advance notice of the intent to engage in a First Amendment assembly;

(b) During the occurrence of a First Amendment assembly for which a plan has been approved where restrictions in addition to those set forth in the approved plan are:

(1) Necessary to implement the substance and intent in the approval of the plan;

(2) Required due to the occurrence of actions or events unrelated to the First Amendment assembly that were not anticipated at the time of the approval of the plan and that were not caused by the plan-holder, counter-demonstrators, or the police; or

(3) Necessary due to a determination by the Metropolitan Police Department during the assembly that there exists an imminent likelihood of violence endangering persons or threatening to cause significant property damage; or

(c) During a First Amendment assembly where a plan was not approved for the assembly.

705.4

No time, place, or manner restriction regarding a First Amendment assembly shall be based on the content of the beliefs expressed or anticipated to be expressed during the assembly, or on factors such as the attire or appearance of persons participating or expected to participate in an assembly, nor may such restrictions favor non-First Amendment activities over First Amendment activities.

705.5

For purposes of this chapter, the following definitions may apply either to a First-Amendment assembly, or a non-First Amendment activity (depending upon whether the event meets the elements of a First Amendment assembly as set forth in Subsection 705.2):

(a) Parade. A "parade" is any formation, march, procession consisting of persons, animals, vehicles, or a combination of persons, animals, and vehicles, traveling in unison with a common purpose, upon any public street, highway, alley, sidewalk or other public way, within the territorial jurisdiction of the Metropolitan Police Department, in a manner that ordinarily would be in violation of any provision of DCMR Title 18 "Vehicles and Traffic," or any other applicable law or regulation.

(b) Race. A "race" is defined as any formation or procession of persons traveling along the same established route, with the common purpose of competing in an athletic contest. A race has a starting line and a finish line, and is often organized for charitable purposes.

(c) Walk-a-thon. A "walk-a-thon" is defined as any formation or procession of persons, walking along the same established route, with a common purpose, but without the purpose of competing against one another. A walk-a-thon has a starting line and a finish line, and is generally organized for charitable purposes.

705.6

It is not an offense under these regulations for persons to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, without having provided notice or obtained an approved assembly plan.

705.7

Providing notice and seeking plan approval under these regulations is designed to avoid situations where more than one group seeks to use the same space at the same time and to provide the Metropolitan Police Department and other District agencies the ability to provide appropriate police protection, traffic control, and other support for participants and other individuals.

705.8

Except as provided in Subsection 705.9, a person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, shall give notice and apply for approval of an assembly plan before conducting the assembly, or in the case of a non-First Amendment assembly, shall apply for a permit under applicable provisions of these regulations for non-First Amendment assembly events.

705.9

A person or group who wishes to conduct a First Amendment assembly on a District street, sidewalk, or other public way, or in a District park, is not required to give notice or apply for approval of an assembly plan before conducting the assembly where:

(a) The assembly will take place on public sidewalks and crosswalks and will not prevent other pedestrians from using the sidewalks and crosswalks;

(b) The person or group reasonably anticipates that fewer than 50 persons will participate in the assembly, and the assembly will not occur on a District street; or

(c) The assembly is for the purpose of an immediate and spontaneous expression of views in response to a public event.

705.10

The Mayor shall not enforce any user fees on persons or groups that organize or conduct First Amendment assemblies.

705.11

705.12

The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from the Chief of Police, the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for using a stand or structure in connection with such an assembly; provided, that a First Amendment assembly plan may contain limits on the nature, size, or number of stands or structures to be used as required to maintain public safety. Individuals conducting a First Amendment assembly under Subsection 705.9 may use a stand or structure so long as it does not prevent others from using the sidewalk, roadway, or ingress/egress to existing buildings/businesses.

705.13

The Mayor shall not require, separate from or in addition to the requirements for giving notice of or applying for approval of an assembly plan for a First Amendment assembly, that persons give notice to, or obtain a permit or plan from, the Chief of Police, the Director of the Department of Consumer and Regulatory Affairs, or any other District official or agency as a prerequisite for selling demonstration-related merchandise within an area covered by an approved plan or within an assembly covered by Subsection 705.9; provided, that nothing in this subsection shall be construed to authorize any person to sell merchandise in a plan-approved area contrary to the wishes of the plan-holder.

D.C. Mun. Regs. tit. 24, r. 24-705

Final Rulemaking published at 21 DCR 2476 (March 31, 1975); as amended by 35 DCRR 102.1 - 102.3, Special Edition (November 1980); as amended by the First Amendment Rights and Police Standards Act of 2004, effective April 13, 2005 (D.C. Law 15-352; 52 DCR 2296 (March 11, 2005)); as amended by Final Rulemaking published at 55 DCR 1079 (February 1, 2008)

Authority: Section 106(e)(1) of the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-352; D.C. Official Code § 5-331.06(e)(1) ); and Mayor's Order 2006-37, dated March 17, 2006.