Students Serve as Legal Observers at DNC

As protestors organized for their marches during the Democratic National Convention, a few Colorado Law students donned bright neon-green hats and headed to Denver. They were volunteering their time as legal observers.

Legal observers are mostly law students, legal workers, and lawyers organized by the National Lawyers Guild (NLG). According to the NLG, legal observers are the “eyes and ears of the legal team” whose purpose is the safeguard and advance the Constitutional rights of demonstrators. Scott Humphreys ’09 summed it up by saying, “In essence, we are neutral observers of interactions between protesters and police.” The presence of legal observers helps to deter illegal and repressive actions by law enforcement.

Every year the Law School’s NLG student organization offers law students a chance to train to become legal observers. Students are taught safety in protest zones, observation techniques, and best practices, such as what to wear and do during a protest. Students are also taught how to make incident reports for each event they attend. These reports, along with any recorded evidence, are kept within a strict chain of custody by the NLG in the event that they are needed as evidence in legal actions.

Working through the NLG, the People’s Law Project coordinated legal observers for the Democratic National Convention. Scott Humphries and Britta Stunkard ’09 were among at least 10 Colorado Law students who spent the week in Denver observing protests. Anarchists, anti and pro-gay groups, anti-war veterans, and immigration advocates were just some of the groups who gathered in Denver to voice their concerns. The student observers said the atmosphere varied from day-to-day, but the police presence was felt the entire week. They noted that the tone of the police changed depending on the group that was protesting. The anti-war veterans had police escorts who blocked traffic and helped them get their message across peacefully. “On some days they showed a lot of restraint and were friendly, but there was a dark side when it came to anarchist groups,” said Stunkard.

“I was terrified,” she said, “it was the worst day.” On Monday, about 200-300 ran into the street in front of the Denver City and County Building and were immediately stopped by a line of police. The protesters then ran through Civic Center Park and were again stopped by police who proceeded to surround the protesters on all sides and refused to let anyone out. Stunkard was trapped inside the barricade along with members of the media and the protesters, the majority of who she said were under 18. The police, who normally cooperate with the legal observers by stating their badge numbers and communicating their plans, were not responsive.

Dressed in riot gear, gas masked and shields, they began chanting “Move, Move, Move,” while pushing the crowd into a tight group against a wall. Stunkard approached them and asked that minors and people in need of medical attention be released but was not acknowledged. She felt that the police were responding to a Hollywood image of what anarchists are and not the actions of the anarchists that were there that day. At one point, they shot pepper spray balls into the crowd without warning at close range.

“I think that the police far exceeded their powers on this night. The response to the threat of blocked streets was not proportional,” says Humphries. More importantly, they observed more than 100 people get arrested that day without individualized suspicion. Instead, police charged everyone they arrested with obstruction of a passageway, interference, and failing to obey police orders, regardless of whether they actually committed the offenses. People who were not protesting were also arrested. “That day will be with me for the rest of my life,” says Stunkard.