Description

The year 2020 will be remembered not only for the COVID-19 worldwide pandemic and tremendous impact on all facets of society, but it will also be remembered for the George Floyd death and the subsequent demonstrations and protests. Protesters, journalists and law enforcement officials were injured, and business owners suffered substantial financial losses. Public entities, facing demands for police reform and cries for defunding law enforcement, have been caught in the middle of public debate. Politicians rushed to pass laws curtailing the ability of law enforcement to defend themselves and members of the public. Law enforcement policy decision makers must recognize the importance of minimizing civil liability in the aftermath of these critical incidents, while at the same time upholding the First Amendment. Imagine what could happen if a judge granted a TRO preventing your agency from using less than lethal munitions at a protest. What is your backup plan? What if a judge orders your public entity to pay for the protective equipment for the protestors? These issues are being dealt with today and not as a hypothetical exercise. The course will present chief executives with an overview of potential legislation arising out of the protests. The legal issues associated with the protests will also be discussed, as will the tactics of the protestors, both in the street and in the courts.