A brief recap.
Charlottesville had tried to move the Neo-Nazi rally from Emancipation Park to McIntire Park on the grounds that it would allow the police to better accommodate a large crowd and control the violence.
The rally in Emancipation Park promised multiple planned protests and possibly thousands of protesters vehemently opposed to each other all crammed into a four-block area of downtown. That had city officials worried about public safety.
“Having the demonstration at McIntire Park is safer because the park is large enough to accommodate the size of the anticipated crowd,” said Charlottesville Police Chief Al Thomas. “It also avoids a situation whereby overflow crowds spill into the streets, as would likely occur at Emancipation Park.”
And that is indeed what happened. With fatal results.
“Law enforcement also will have the room needed to maneuver and direct crowds toward safety in case of a disturbance,” he said. “Additionally, we can more effectively stage other public safety resources that would allow for immediate response, if needed.”
So were the police right? That's where it gets complicated.
Charlottesville only revoked the permit of the Nazis, but not of Communist counterprotesters. Moving one rally, but not the other made it a slam dunk for the judge in the case filed by the ACLU. Had the city moved both rallies, this might have been avoided. But whether out of bias or sloppiness, Charlottesville chose not to do that. And moving the Nazis and keeping the Commies stank of bias.
Activists on both sides were not fans of the McIntire Park location because it lacked enough exits and shade. And, since the whole point of the rally was protesting the renaming of Lee Park to Emancipation Park and the targeting of the Robert E. Lee statue, McIntire Park would not have suited. Also it appears that previous protests there turned violent anyway.
The ACLU sued Charlottesville over the push to relocate the rally. And the ACLU won. Its position is legally correct. But its statement appeared to be coming from a strange parallel universe.
"We are grateful that the court recognized that the First Amendment applies equally to everyone regardless of their views. We hope that the city will focus tomorrow on managing the expected crowds using de-escalation tactics and flexibility, and avoid the kind of over-militarized response that was mounted on July 8.
We encourage everyone participating to commit to non-violence and peaceful protest. We will be there to observe and document police practices as we were on July 8 and at other rallies and protests across Virginia since January and before."
There was zero chance of there being a non-violent and peaceful protest. And the ACLU threatening the police could only endanger everyone. What was needed was more police intervention. Not less.
Now the ACLU is blaming the police for not taking more action. That's in response to Governor Terry McAuliffe blaming the ACLU's lawsuit for keeping the rally in Emancipation/Lee Park.
“It is the responsibility of law enforcement to ensure safety of both protesters and counter-protesters. The policing on Saturday was not effective in preventing violence. I was there and brought concerns directly to the secretary of public safety and the head of the Virginia State Police about the way that the barricades in the park limiting access by the arriving demonstrators and the lack of any physical separation of the protesters and counter-protesters on the street were contributing to the potential of violence. They did not respond. In fact, law enforcement was standing passively by, seeming to be waiting for violence to take place, so that they would have grounds to declare an emergency, declare an ‘unlawful assembly’ and clear the area."
The ACLU is likely right here. It would fit the pattern at previous rallies. And in this case, that is what happened. The police waited a while, declared it an unlawful assembly and moved it. But while that broke up the protest in Emancipation/Lee, the protesters drifted around the area, a march went on, as did violence, eventually climaxing in a vehicle slamming into the leftist marchers.
But the ACLU is also incredibly hypocritical in tying the hands of the police. And then on insisting that the police didn't do their job. This is also what happens when you tie the hands of the police. They do the job, their way.
Charlottesville warned that this would happen. And when its solution wasn't accepted, it allowed the mess to happen. The ACLU was legally in the right, but the blowback was a disastrous street battle. As is so often the case, everyone contributed to the disaster in their own way. The solution was obvious and yet not implemented.