There are two major protests planned in Seattle this weekend: one that starts in Cal Anderson Park and plans to march to Seattle Center, and another at the University of Washington's Red Square. Meanwhile, Immigrations and Customs Enforcement has said that it's preparing to deploy its Special Response Teams to five cities run by Democratic leaders, including Seattle.

This is a lot! So we talked to local attorneys and advocates to help protesters figure out how to show up, mitigate their risk of arrest, and stay safe. 

How can protesters choose to mitigate their risk of arrest?

The highest risk of arrest comes when police issue dispersal orders—which typically happens if they believe there’s a risk of riot, disruption, or a threat to public safety (which leaves a lot of room for police discretion).

“In Seattle, police officers are obligated to announce their instruction to protesters to disperse,” one local attorney told The Stranger. “If you hear them do that, you should disperse if you want to avoid being arrested. But, officers don't always make that announcement audibly (or at all), and sometimes don't allow crowds time and room to disperse. In that event, you should maintain self-awareness for your personal safety and comfort level. If you feel the tension around you start to rise, or you see officers begin to change their body language toward interacting with the crowd, you may want to find an exit route quickly.”

If you’re at a protest, there’s a good chance that you’ll interact with police at some point. “Plan ahead,” says Katie Walker, the communications director from CAIR-WA. “Police interaction is stressful and all planning helps keep all participants safe. Use de-escalation techniques. Identify group liaisons for law enforcement and make sure all group members know who is chosen. Identify and support group individuals who may have specific exposure concerns.”   

“When interacting with law enforcement: Stay calm,” Walker says. “Make sure to keep your hands visible. Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights. If you can safely do so, point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.” 

If arrested or detained, when should a protester speak to law enforcement?

Attorneys and advocates gave us a very short list of words she suggests people say to law enforcement: "Am I free to go?" If the answer is “yes,” go. If it’s “no,” tell them, "I would like a lawyer."  Then say nothing.

“If you start talking to the cops, even chit chat, you are potentially waiving your right to remain silent,” Danni Askini from Gender Justice League (GJL) says. “Unless your life is in imminent danger and they are in a position to save your life, remain silent at all times.”

“There's no reason to speak to law enforcement at a protest, and it's absolutely okay not to,” the local attorney told The Stranger. “There is nothing you can say to a law enforcement officer that will improve your situation or the situation of anyone around you.”

Can law enforcement require you to share identifying information?

“If you are just at a protest, under Article 1 Section 7 of our state constitution—no, police cannot demand to see identity information or demand your name,” says Askini from GJL.

However, you must identify yourself “if you are under arrest and an officer can articulate probable cause that you have committed a crime,” Askini says. Then “you are required by law to give your legal name or you can be charged with obstruction of justice.”

What can a protester do to protect their privacy, especially in regards to technology?

“Be as analog as possible,” the local attorney told us. “If you can make a plan with your people to meet up at a certain location if you get separated instead of relying on texts, do that. Make an arrangement with someone at home that if you're not home by a certain time, they should check the King County Inmate Lookup to see if you've been arrested. If you need your phone, make sure it's locked with a passcode, not facial recognition or a fingerprint, and keep it on airplane mode as much as possible.”

Walker from CAIR-WA recommends that if you keep your phone, turn off all location services, don’t use digital payments like Apple Pay or credit cards, cover cameras when you’re not using them, disable Bluetooth, and don’t scan QR codes or connect to public wifi.

“Cell phones are spies in your pocket,” says Askini from GJL. “They place you at the scene of a potential crime, can be collected and shared with federal officials who may later decide to prosecute people in the vicinity.”

As we head into a summer that could be full of protest action, Askini suggests that people “consider purchasing a MeshTastic device, setting it up with friends, and creating a mesh network to communicate with each other. We are moving into a totalitarian era, we should all be more mindful”

Facial recognition is a thing. How can protesters protect against that? Are protest mask bans enforceable? 

“People have a right to cover their faces in Washington State and there are no specific laws prohibiting masks in public,” Askini says. “There are no state laws that explicitly ban face coverings at protests. However, if you engage in vandalism/assault and are caught, concealing your identity could be argued by prosecutors to be an aggravating factor.”

Who should a protester call if they are arrested or detained? 

Most people we spoke to recommended the National Lawyers Guild at 206-OK-TRY-ME (check their instagram for hotline hours before you go).

“They should also have a very trusted friend, family member, or ally who is prepared to take action if they are arrested,” says Askini from GJL. “Since you may only get one call, you should prepare the person on the outside to make several calls on your behalf.”

What steps should a protester take if they feel their rights have been violated? 

“Start documenting as soon as you can,” the local attorney told us. “Write down what happened step by step. Remember the 5 Ws [who, what, where, when, why], but also record details, like which side of the street you were on, what time it was, what you remember about the appearance or statements of the officers, etc. Your thoughts will be jumbled, but that's okay. Ask a friend to take notes and help you get organized so you can just flow.”

In terms of other documentation, they say, “take photos of any injuries you have and write down how you feel over a few days. Often injuries don't appear immediately. Get a medical exam as soon as possible so that you have a medical record of your injuries as well. Don't worry so much about whether the law was broken or not—just record all the information about your experience as soon as you can, and worry about the legal part after a few days.” 

“Make sure to put this in an envelope and mail it to yourself or have it printed and notorized - Having a time stamped "contemporary account" of your experience can be helpful in the future. This is also important for any time you may be interviewed, appear in court, or be put before a deposition,” says Askini from GJL.

“I'm not going to lie, getting justice after a mass arrest can be demoralizing, frustrating, and slow,” says Askini. “After a protest at the 2004 Republican convention in NYC, I was arrested, put against a wall in an alley, and repeatedly peppersprayed while being handcuffed. It was 10 years before the City of New York settled the lawsuit related to the mistreatment of arrestees. What it took was patience, persistence, and an unwavering commitment to secure justice.”

Should protesters avoid posting to social media? 

“Reasonable minds can differ on this,” the local attorney says. “I tend to think protest social media is best left to the many journalists and livestreamers who are set up to document protests. But, if you do want to document your view of the protest, for example, if you want to livestream or document police violence happening in front of you, I recommend turning off location data and blurring the faces of any other protesters you capture if you can. We know for sure that law enforcement uses social media to locate people they want to target, sometimes days or weeks after the event. With all kinds of image searching software available and frequent cooperation between social media companies and law enforcement, your private profile may not actually be very private, and you don't have control over how your social media post might be used once it's up.”

Is it safe for immigrants to protest in Seattle this weekend?

“All non-citizens can be negatively impacted by interactions with law enforcement,” says Walker from CAIR-WA. She suggests carrying identity documents on your person, and for temporary visa holders, review the restrictions on your visa.

“Safety is relative. Immigrants are only as safe as law enforcement and ICE will allow them to be,” says the local attorney. “Washington's Keep Washington Working Act prohibits local and state law enforcement from cooperating with ICE, but that doesn't mean it's not happening, unfortunately.  And, we can expect ICE to be in the streets as well as local law enforcement. Undocumented immigrants are at the most risk if they are arrested, but anyone who is documented but on a conditional status like waiting for a citizenship interview or an asylum hearing may also be at risk of an arrest damaging their application. We know the Trump administration has cancelled the visas of protesters as well.  It's a very personal decision, but I think anyone without citizenship should think through their decision really carefully.”

How can other protesters support immigrant protesters?

“I think people can start by considering how their actions may or may not put other protesters at risk of arrest,” says Askini. “I've been to probably more than 100 protests since 1998. I've seen a lot. When white protesters escalate violence with police in the presence of non-violent protesters who are immigrants, BIPOC, or trans, they are assuming that other people will have the same experience in the criminal legal system as they will if there are mass arrests, and they won't.”

“Before you go, look up strategies for de-arresting people, and practice with your protest group,” says the local attorney. “If you're white and a citizen, put yourself between law enforcement and BIPOC folks as much as possible (if an arrest is in process, be careful to either not interfere or prepare to also be arrested). Even if you're just marching or rallying and the police are just standing around monitoring, put yourself on the outer edge. If you do see someone being arrested by ICE, ask them their name before the officers take them, try to get the badge name or number of the arresting officers, then contact WAISN or NWIRP with as much information as possible about where the arrest took place and the name of the person so they can provide support.”

What steps have you personally taken to protect yourself and others when attending protests? 

“I believe in having a designated police negotiator, a clear press spokesperson, and a clear message!” says Askini. “The worst case scenario is when mass arrests begin and people who are not intending to get arrested for an action get swept up in mass arrests. While people can see negotiating with the cops as somehow ‘collaborating,’ I see it as a diplomatic endeavor that can stall arrests, extend the protest, ensure solidarity and allow people to make decisions for themselves about if they want to be arrested or not.  I believe in doing our best to be strategic in our approach—while the crowd can react, situations can escalate, having a plan with things like legal observers, medics that are clearly mapped, press that are nearby to document and report, and clarity about who is in command of the protest is vital.”

“When I go, I make sure to mask, and I wear comfortable shoes and I usually have my bike helmet with me (I like riding there so I can exit quickly if I need to), some gloves, and a couple of bottles of water and snacks,” says the local attorney. “But the biggest thing I bring is my mindset. I think the most damaging thing I can bring to a protest is the idea that a protest has to be ‘peaceful.’ Protests are, by definition, disruptive. When protesters start policing each other and coming in with a mindset that a protest has to be ‘peaceful, it shifts the accountability for police violence away from police and toward other protesters. We don't have to all want to use the same tactics in order to be in solidarity with each other.”

If you are an organizer, what protest tactics do you hope to see this weekend? What do you hope people will avoid?

“I understand the desire of protesters to fuck shit up, but I truly hope to see less escalatory ‘taking the bait’ this weekend,” says Askini. “The Trump Administration wants an escalation so that they can pull a Reichstag Fire and call in the national guard and military.  Why take the bait Seattle?  We are smarter than that shit.  Out smart the police and feds. Lots of smaller protests all over the city grinding things to a halt is WAY more disruptive, smart, and difficult to manage.  Avoid direct confrontations. Keep it bussin! Stay on the move and don't get bogged down in one location. The most annoying protests are ones the police and authorities can't predict.”