What to expect if you participate in peaceful civil disobedience:
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***Disclaimer: We are not lawyers and cannot provide legal advice. The police department and judge will decide charges, bail amounts, and fine amounts. The information below is just an idea of what to expect based on our experience with peaceful civil disobedience while fighting to stop the Dakota Access pipeline in Iowa.***
What is peaceful civil disobedience? Peaceful civil disobedience is a symbolic, non-violent violation of the law, done deliberately in protest against some form of perceived injustice. By peacefully and openly violating the law and submitting to punishment, those engaging in civil disobedience hope to draw attention to the law they want changed, the injustice they hope to stop, or the policy or practice they hope to end.Examples of civil disobedience include, but are not limited to, blockading construction, blocking an access road, a sit-in, locking down to equipment, etc.
Will I be arrested? You should be prepared to be arrested if you participate in civil disobedience. Different forms of civil disobedience come with different risks. Each county and each law enforcement department may respond differently to civil disobedience so the answer to this question can vary.
What will I be charged with if I participate in peaceful civil disobedience? So far in Iowa’s fight to stop the Dakota Access pipeline, folks who have participated in civil disobedience have received a simple misdemeanor trespassing charge. The minimum fine for a simple misdemeanor trespass charge is $65 plus court costs. These actions have included blocking construction sites and locking down to construction equipment. Folks that used their vehicles to blockade construction sites in Boone County were charged with a $200 traffic ticket (stopping on a traveled way).Police have responded differently in each county. For example, in Boone County, water protectors were taken to jail and had to pay a $300 bail to get out of jail. The bail money was refunded a couple weeks after the water protector appeared in court. However, in Lee County, folks were cited and released at the site of the protest without going to jail.Keep in mind that it is up to the police department and judge to determine the charge, the bail amount, and the fine amount.
Will it go on my record? This depends on the civil disobedience that you engage in. A trespassing charge will go on your record, but other actions, like blockading a construction site with your vehicle, may only be traffic violation. If you ever intend to engage in civil disobedience, you should plan to have it go on your record.
What should I do to prepare to participate in peaceful civil disobedience? Attend a peaceful civil disobedience training before your action begins. This is where you’ll get the most information about the specific risks you will be taking. You will also learn about the plan and meet fellow water protectors.If you plan on participating in civil disobedience you should ask a friend or family member to be your support person. Your support person should have cash on them to bail you out if you go to jail (so far it’s been about $300 but this can vary). Your support person should know about any prescription medications, dietary needs, emergency contact information, etc. Your support person should also be prepared to stick around for as long as it takes to get you out of jail (so far it’s been anywhere from 1 hour to 8 hours after the arrest) and in other circumstances you may receive a ticket without going to jail.Before the action begins, give all your personal belongings to your support person – the only thing you should have on your body is your government issued photo id.Another good idea is to let your employer know what you are doing to make sure your actions do not jeopardize your job.
What if I want to participate in peaceful civil disobedience but don’t have bail money or money to pay my fine? If you cannot afford bail money or fine money ask friends and family to support your actions by donating to your legal costs. You’d be surprised how many people will support you if they know why you’re doing what you’re doing. If you are arrested and you have not lined up bail money, be prepared to stay in jail until a judge can hear your case.
Anything else I should know? Follow the plan, remain peaceful, and have fun. Participating in civil disobedience for the first time can be scary, but remind yourself that the risks of this pipeline being built are far greater than any risk we take through civil disobedience. We stand with Standing Rock to protect our water, land, and future generations.
***Disclaimer: We are not lawyers and cannot provide legal advice. The police department and judge will decide charges, bail amounts, and fine amounts. The information above is just an idea of what to expect based on our experience with peaceful civil disobedience while fighting to stop the Dakota Access pipeline in Iowa.***