The National Park Service today released a statement upholding the arrest of five people last week for dancing in the Thomas Jefferson Memorial. While the statement said the agency "supports dancing and other forms of expression in its parks," it added that in some areas of the National Park System dancing is inappropriate and banned.
The arrests were made last Saturday when an organized group entered the memorial obviously intent on challenging Park Service regulations that ban dancing as both inappropriate for the setting and a form of protest that needs a permit. Those interpretations were formally reached when a woman who was arrested in 2008 for dancing in the memorial on Thomas Jefferson's birthday later sued the agency -- unsuccessfully -- for infringement of her First Amendment rights.
In upholding a lower court's ruling that went against Mary Oberwetter, the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere" and that silently dancing was an inappropriate form of expression there.
Furthermore, the appellate judges agreed with the lower court that the interior of the open-air memorial is "not a public forum," and that any demonstration needed a permit.
This morning the Park Service released the following statement:
In light of recent headlines we would like to dispel some myths and misconceptions on what is legal and what is not across the federal park system.
First, the National Park Service has a long and proud tradition of supporting and encouraging First Amendment rights and dancing in our parks is a great way to do this, whether it is on the National Mall on the 4th of July with tens of thousands of people or by yourself in front of a waterfall out west. In fact we may be the only federal agency that is required by statute to provide for “enjoyment.”
But just as you may not appreciate someone using a cell phone in a movie theater or someone dancing in front of your view of a great work of art, we believe it is not appropriate to be dancing in an area that memorializes some of the most famous Americans.
Visitors come from all over the globe to pay respect to, and read the words of Thomas Jefferson. These words, placed on the inner walls of the Thomas Jefferson Memorial chamber, are a moving testament of the good in humankind. We believe our visitors should be able to enjoy this experience without distractions.
The U.S. Court of Appeals agrees. In a May 17, 2011 decision, the court upheld National Park Service regulations that preserve the solemnity of the Thomas Jefferson National Memorial by prohibiting demonstrations of any kind within the chamber. The court ruled specifically on the act of dancing and found no infringement of First Amendment rights to free speech or free expression.
To protest the court’s decision, a group of dancers convened at the Thomas Jefferson Memorial on May 30. They were warned multiple times that dancing was not allowed and chose to continue. Five people were arrested. Organizers of last week’s protest are now planning a larger demonstration this Saturday, June 4, advertising a “Dance Party @TJ.”
Nearly every day, the national parks of Washington, DC, are venues for the unfettered exercise of the freedoms guaranteed to all Americans. Marches, protests, rallies and other events on the National Mall engage hundreds of thousands of citizens every year in civic and civil debate over serious issues facing our nation. We are proud that federal park land is used for these events.
There are over 2.4 acres of space available to dance or express yourself on the Thomas Jefferson Memorial grounds. We hope anyone who likes to dance in this area takes advantage of that space and allows our other visitors to enjoy a peaceful and inspiring experience in the Thomas Jefferson Memorial chamber.
U.S. Park Police Chief Theresa Chambers has not responded to requests concerning the conduct of Park Police in making the arrests -- videos of last Saturday's incident showed officers body-slamming someone to the ground and using apparent choke-holds and knees to pin a head on individuals who didn't seem to be threatening any of the officers -- and today's statement also didn't address that aspect of the matter.
But in a follow up request this morning Park Service spokesman David Barna said the matter was being reviewed.
Comments
I am liberal, but I believe that "Freedom" <> "Do whatever the heck I want, when I want."
Folks, it's a memorial. You are not honoring the legacy of Thomas Jefferson by dancing in the space dedicated to his memory. And if someone in authority tells you, for the common good and for common decency, that you should not do something, YOU SHOULD NOT DO IT.
Rare concept these days, eh? Respect for law and authority as an expression of the will of the people?
Whoever wrote that statement from the National Park Service should be commended.
My biggest problem with all this is that, "dancing in a restricted area", "demonstrating without a permit", whatever you want to call it... are arrest-able offenses! Unless they were naked, it is in NO WAY reasonable to arrest someone for swaying back and forth with their arms around each other, jumping around like a fool, or even doing the Waltz in public through Jefferson Memorial...in the United States!
Police made it very clear that these people would be arrested if they dance. While police MAY have been within their boundries of conduct once "dancers" resisted being placed in hand-cuffs, it is the Police's attempt to arrest them in the first place, which I consider the "excessive force". They could have VERY easliy gave them citations, and this would not have been as big of a deal as it is becoming.
At least free speech is alive and well at Traveler.
Free speech is alive and well at Traveler. Good.
My biggest problem with all this is that, "dancing in a restricted area", "demonstrating without a permit", whatever you want to call it... are arrest-able offenses! Unless they were naked, it is in NO WAY reasonable to arrest someone for swaying back and forth with their arms around each other, jumping around like a fool, or even doing the Waltz in public through Jefferson Memorial...in the United States!
Yes... Police made it very clear that these people would be arrested if they dance. But while police MAY have been within their boundries of conduct once "dancers" resisted being placed in hand-cuffs, it is the Police's attempt to arrest them in the first place, that I consider the "excessive force". They could have VERY easliy gave them citations, and this would not have been as big of a deal as it is becoming.
Thank you, Park Police!
Those "activists" made a mockery of our national memorial, demonstrated
without a permit and disturbed tourists like myself who appreciate the
elevated spiritual experience that comes with visiting the Memorial.
There are places where dancing is clearly inappropriate -- places like libraries, museums, graveyards, and the Jefferson Memorial is unquestionably one of those places.
All the best from Michigan,
Katherine
Had they been ignored, after a brief period of time they would most likely have left and there would have been no incident to be discecting. It was dancing..... not foul language, offensive signs, or blatent disrespect for America or Mr. Jefferson or something that most visitors would even recognize as a protest. The reaction, in my opnion made a major incident out of what most other visitors would most likely not been offended by. As an urban ranger of 30 years I often let non offensive protests like this play out. Sure, there were enough laws on the books to come up with a whole list of infractions, but by letting it play out and keeping an eye on the protest to be sure it did not evolve into something serious, visitors had a pleasant day, protesters were able to vent, lawsuits were avoided, and I had a lot less paperwork to deal with. Just my 2 cents.
I find it rather ironic and strange that the NPS would ban dancing (a very basic and ancient form of human expression) in a monument dedicated to a man who not only helped to define the idea of free expression but also was a lover of music and dance in its own right. How strange it is to "honor" Jefferson by banning music, dance and free expression. It is as ludicrous as it would be to "honor" Beverly Sills by banning song! Ridiculous and bizarre.