Kansas City should let peaceful protesters off the hook and prohibit prosecution

A Kansas City Council committee will consider an ordinance Tuesday prohibiting city prosecution of some protesters cited between May 29 and June 2.

The committee should endorse the proposal to shield many demonstrators from charges, and the full council should pass it.

The measure would not apply to anyone suspected of causing property damage during the protests or of committing violent acts. Anyone suspected of causing injury during the demonstrations should face a judge in a courtroom.

But most of the citations issued that weekend were for “failure to comply with police,” a vague accusation that includes stepping off of a sidewalk or walking in a street. Yes, demonstrators were loud and profane, but most posed no threat to anyone’s physical security.

Ending court proceedings would be an important step in reconciling them with the police department and the city.

The police believe some demonstrators misbehaved. Just as clearly, protesters believe they were provoked by police. Why should just one side be held to account? Punishing protesters without a public mechanism for examining police behavior would be wrong.

Why the use of tear gas and pepper spray? Why “bean bag” rounds of ammunition? Kansas City deserves a full understanding of decisions made on all sides of the demonstrations.

That isn’t the way the Kansas City Police Department and its supporters see things, of course. By midday Monday, several dozen Kansas Citians had filed testimony with the committee, urging members to reject the blanket de facto amnesty and pursue prosecutions.

The statements use similar language. “These supposed peaceful protests and riots over the last weeks have gotten out of control and it is the city’s job to keep that from happening,” one witness wrote. “You can’t tie their hands behind their back and still keep the peace,” said another.

Some pointed to harassment of police and injuries. “In one instance I witnessed an officer get struck in the groin with a frozen water bottle,” said one.

Yes. And the leg of a protester was shattered, apparently by a tear gas canister.

“Filing charges against protesters for exercising their rights by stepping into the street or marching down the street only functions to suppress their voice,” said a statement from a group supporting the amnesty.

Tuesday’s hearing could get bumpy. There are suggestions that police officers and their supporters might try to crowd the hearing room on the 26th floor of City Hall, while protesters may also try to tell their stories to the committee.

All sides should approach the hearing peacefully. Everyone has a First Amendment right to be heard. Neither side should use the hearing for disruption or to rekindle anger and frustration.

Protesters who damaged property or caused injury must face the consequences for those actions. Police officers who used excessive, unneeded force must also be held to account.

Those who stepped off a sidewalk or held a sign in the street were not a threat. Their citations should be dropped.