07/04/2020
So I was watching the Blackfoot protest tonight at Mt. Rushmore, and it made me think a bit how this would play out in New York State if everyone played by the rules and followed the law. Essentially, playing the NYS version of the devils advocate.
Here, unlawful assembly requires an element of inciting violent or tumultuous behavior. Inciting to riot, same. Despite what the police say, if you were to say, obstruct traffic by lying face down in a road, the best you would be looking at is a traffic ticket or disorderly conduct- non-criminal violations. Sure, they could arrest you... but if they give you the traffic ticket version, it's a perfunctory arrest which is not valid unless it's what the police do on a regular basis. If they arrest you for disorderly conduct, then there's got to be a little bit more of explaining by the police because (let's be real) most disorderly conduct tickets in our state, where only discon is alleged, involve being intoxicated. Again, possibly a perfunctory arrest. Never the less, a desk ticket by law.
So, if the Blackfoot tribe was to block traffic on a road in and out of a State park in NY, and they laid face down on the road, and there were 1000 of them, yes, they would all get arrested and get an appearance ticket. But, then 1000 of them would show up for Court, in a system that is not designed for 1000 people to actually show up, plead not-guilty, and request trials. So the system gets overloaded... because it has become so used to 99% of people taking a plea bargain, paying a fine, and going home. In NY, out of 1000 people arrested for disorderly conduct, I've only seen one go to jail, and that was because he habitually threw oranges at cars. With life and experience behind me, I now realize he got the 15 day sentence because mental health wasn't appreciated by the law, and the judge knew he would get the only help afforded to him if he put him in jail.
So, I guess my devil's advocate opinion is that if you think the system has cracks, and you hate getting screwed by the system, then use the system to your advantage... While everyone bi***es and moans about rich folk getting their way in law, it's only because they exploit the law. I bitch all the time about folks not taking advantage of the 14th, maybe now is the time. (Also, I'm not advocating the blocking of traffic, people can die in a traffic jam. I just want the public to know that the police don't actually learn the law in 6 months as I've seen in memes, they learn it in 28 1-hour credits in that 6 months. The majority of the rest of it is how to control a confrontation).