WASHINGTON — A judge has dismissed complaints filed by protesters who were arrested on Swann Street in June 2020 for violation of curfew. The complaints, filed by seven protesters, alleged officers used a 'kettling' maneuver to trap protesters onto a small street for mass arrests without cause violating their First, Fourth and 14th Amendment rights.
Nearly 200 protesters were arrested on June 1 in Northwest D.C. after four days of protesting the killing of George Floyd in Minneapolis. WUSA9 reporters were on Swann Street at the time arrests happened, and our cameras were among dozens that captured the events, from start to finish.
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According to the Metropolitan Police Department (MPD), the mass arrests were for curfew violations. The District's curfew was implemented after protests in the city escalated into confrontations with police, including some vandalism, looting and property destruction.
"In the downtown area of the District of Columbia, numerous businesses and government buildings were vandalized, burned, or looted," Mayor Muriel Bowser wrote in a May 31 Executive Order establishing the curfew. "Over the past nights, there has been a glorification of violence, particularly during later hours of the night. This violence is not representative of peaceful protest or individuals exercising their lawful First Amendment rights."
In the lawsuit, each of the plaintiffs issued eight complaints, including that the curfew was "vague and overly broad," that they were "arrested without legal justification" and that their rights to freedom of speech and freedom of assembly were violated upon their arrest.
More than a year and a half after the mass arrests, MPD announced complaints filed by the protesters were dismissed by a U.S. District Court judge.
"There was considerable coverage of MPD’s curfew violation arrests that occurred on or near Swann Street NW in the summer of 2020," said an MPD spokesperson. "So we are optimistic that the same passion will be afforded to today’s US District Court decision."
The judge found “the connection between the hours the curfew was in force and the interest it was meant to further – reducing violence and the risk to people and property – clear.”
MPD said the false arrest claims were also dismissed since the protesters were in violation of the implemented curfew and the officers had probable cause to arrest them.
In March 2021, the office of D.C.'s attorney general declined to charge any of the 194 protesters arrested on Swann Street.
“We declined to prosecute all of the 6/1 Swann Street arrests," said DC OAG Press Secretary Marrisa Geller. "When making charging decisions, OAG evaluates the evidence and circumstances surrounding each individual arrest as well as the public safety risks to the residents of the District of Columbia."