A federal judge ruled on Monday that the police in Ferguson, Missouri violated protesters’ constitutional rights by forcing them to keep moving or risk arrest.
U.S. District Judge Catherine Perry issued a preliminary injunction (pdf) against officers to prevent them from enforcing the tactic dubbed by the ACLU of Missouri as the “five-second rule,” which plaintiffs said was used to target people standing still, “walking too slowly,” or walking back and forth in the same area. ACLU-MO had sued (pdf) to stop the practice.
“The rule of law is essential to our constitutional system of government, and it applies equally to law enforcement officers and to other citizens,” Judge Perry wrote in her ruling.
St. Louis County Police Chief John Belmar testified that the rule was only intended to be used when crowds failed to disperse or grew large and unruly, which he said mostly happened at night—but plaintiffs and witnesses said that on many occasions, officers approached small groups of people standing on sidewalks during the day and threatened to arrest them if they did not keep moving.
“Vague rules that are applied in a haphazard fashion tend to increase community tension,” said Tony Rothert, ACLU-MO legal director. “Judge Perry’s injunction is a huge win for peaceful protesters and those who believe in the rule of law.”
SCROLL TO CONTINUE WITH CONTENT