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SANTA ANA, CA – A protest has been scheduled for tomorrow, May 30th, in Santa Ana, following reports of recent Immigration and Customs Enforcement (ICE) arrests in the area. Organizers state that at least five arrests occurred yesterday, prompting the call for public demonstration.
The protest aims to voice specific demands regarding ICE operations within the city. According to the event’s promotional material, participants will be advocating for:
- “ICE out of Santa Ana!”
- “No deportations!”
- “No detainments!”
The demonstration is set to take place at 4:30 PM on Thursday, May 30th, at the corner of Dyer and Hotel Terrace.
The event is being organized by a group identified as “CSO Orange County,” who use a logo featuring a raised fist. The image disseminated by organizers shows an individual being escorted into a vehicle by personnel in what appear to be law enforcement or detention uniforms, underscoring the nature of the arrests that have spurred this public response.
It is likely this will be an unpermitted event. Whether the City of Santa Ana will allow this remains to be determined.
While the First Amendment protects the right to protest, there are regulations regarding the “time, place, and manner” of demonstrations, and unpermitted protests can lead to various penalties under California and local Santa Ana laws.
Here’s a general overview of potential penalties and related legal considerations for unpermitted protests in California, which would apply to Santa Ana:
California Penal Code Offenses (Misdemeanors, generally punishable by up to 6 months to 1 year in county jail and/or fines up to $1,000, unless otherwise specified):
- Unlawful Assembly (Penal Code 407 PC & 408 PC): This occurs when two or more people gather to do something illegal or act in a violent, boisterous, or tumultuous manner. Courts narrowly construe this to apply only to assemblies that are violent or pose a clear and present danger of imminent violence.
- Refusal to Disperse (Penal Code 409 PC & 416 PC): If authorities order a crowd at a riot, unlawful assembly, or a crowd gathered to disturb the peace to leave, those who remain can be arrested and charged. Similar to unlawful assembly, courts apply this when there’s a need to quell violence or the danger of immediate violence.
- Disturbing the Peace (Penal Code 415 PC): This can involve unlawfully fighting, challenging someone to fight, or disturbing others with loud and unreasonable noise.
- Participating in a Riot (Penal Code 404 PC): This is a misdemeanor. To be convicted, a prosecutor must prove that an individual willfully acted together with at least one other person to disturb the peace, use violence, or threaten violence, where the threat could be carried out immediately. Penalties can include up to one year in county jail and/or a $1,000 fine. Judges often grant probation instead of jail time.
- Inciting a Riot (Penal Code 404.6 PC): This involves urging people to engage in rioting, commit acts of force or violence, or burn/destroy property, in a situation where there’s an immediate danger that rioting could break out.
- Resisting Arrest (Penal Code 148 PC): This applies if a person resists, delays, or obstructs a police officer. It’s a misdemeanor punishable by a fine of up to $1,000 and jail for up to one year.
- Picketing Near a Court to Obstruct Justice (Penal Code 169 PC): This is a misdemeanor punishable by up to 180 days in jail and fines if the picketing is done with the intent to interfere with, obstruct, or impede the administration of justice, or to influence any judge, juror, witness, or officer of the court. Peaceful protests outside a courthouse that do not obstruct justice are generally protected.
Santa Ana City Ordinances and Permits:
- Special Event Permits: The City of Santa Ana requires special event permits for events that take place outdoors on private property or indoors/outdoors on public property, including city streets, city property, parks, the zoo, or the stadium. The requirement for a permit often depends on the size and nature of the event (e.g., if it requires street closures, is a very large rally, or obstructs vehicle or pedestrian traffic).
- Applications for special event permits must generally be submitted 90 days prior and up to 1 year in advance. However, governments must allow permits on short notice for events organized in response to unforeseeable and recent occurrences.
- Unpermitted Activity Penalties: While specific penalties for an “unpermitted protest” aren’t explicitly detailed as a standalone offense in the search results, engaging in activities without a required permit could lead to violations of city ordinances. The City of Santa Ana’s “Methods of Enforcement” for municipal code violations can include:
- Warning Notice: An initial step to allow correction of a violation without penalty.
- Administrative Fine/Citation: If a warning notice doesn’t lead to compliance, fines can be issued. For “All Other Administrative Fines” (which could apply to general ordinance violations not related to specific property types), fines can progress from $100 to $200, and then $500 for subsequent violations within one year.
- Notice to Appear (NTA): This is a misdemeanor citation requiring a court appearance. Failure to appear can result in a bench warrant.
- Criminal Complaint: Violations can ultimately lead to criminal prosecution by the City Attorney’s Office.
Important Considerations:
- First Amendment Rights: The rights to free speech and assembly are constitutionally protected. Law enforcement actions must respect these rights, and restrictions must be reasonable regarding time, place, and manner, and cannot be based on the content of the speech.
- Blocking Traffic: Recent legislative discussions in California have focused on increasing penalties for protesters who intentionally interfere with or disrupt traffic on freeways or roadways, especially if it affects emergency vehicles. Proposed fines for obstructing highways could range from $200-$1,000 for a first offense, with higher fines for repeat offenses. Such actions could also lead to misdemeanor or even felony charges depending on the severity and intent.
- Targeted Residential Protests: There have been discussions and proposed ordinances in Santa Ana (and other Orange County cities) regarding buffer zones for protests outside residential homes, often prompted by concerns about noise and privacy. While the legality of such ordinances is sometimes challenged, the U.S. Supreme Court has upheld some forms of these restrictions.
It’s crucial for anyone participating in a protest to be aware of their rights and the potential legal consequences, and to understand local ordinances and state laws.
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