Protesting 101

by Kitty Felde

Protests outside the Capitol are nothing new.

(photo courtesy of Library of Congress)

In 1894, ten thousand people made their way to Capitol Hill, to demand that Congress pass a jobs bill. They were labeled “Coxey’s Army,” named for Ohio businessman Jacob Coxey. Coxey had a plan to rescue America’s unemployed: hire them to fix America’s infrastructure. The idea was very similar to Franklin Roosevelt’s New Deal plan. Unfortunately, those programs wouldn’t come to pass for another forty years.  

According to Jon Grinspan from the National Museum of American History, Coxey climbed the steps of the Capitol to read aloud his “Good Roads” bill. Police stopped him, then used their billy clubs to disperse the crowd. Coxey was sentenced to 20 days in a workhouse.

He was invited back to Washington in 1944, to finally read his petition from the Capitol steps.

Today, groups with various agendas can demonstrate outside the U.S. Capitol – if they get a permit.

The U.S. Capitol Police define “demonstration activity” as any “protest, rally, march, vigil, gathering, assembly or similar conduct engaged in for the purpose of expressing political, social, religious or other similar ideas, views or concerns protected by the First Amendment of the United States Constitution.”

You’re still not allowed to demonstrate on the Capitol steps or in the streets or inside any of the congressional buildings. That’s why some of Abuelita’s friends were arrested: they took their protest inside the Cannon House office building.

If there are fewer than 20 of you who’d like to demonstrate, you don’t need a permit. If it’s a larger crowd, you have to apply for the permit at least 10 days ahead of time.

Weapons are verboten. So are candles. There are even rules about signs and banners. Sticks must be thinner than ¾ of an inch and you can’t have nails or screws sticking out. You’re not allowed to sell anything or ask for contributions, either. And you can’t turn up the sound: you’re not allowed to disrupt the business of Congress.

Which brings us to January 6th.

Thousands of angry voters marched from a rally outside the White House to the U.S. Capitol with the specific intent of disrupting Congress. Specifically, the crowd wanted to stop the vote certification, the last step before Joe Biden was officially named winner of the 2020 election. 

Thousand of people were arrested and prosecuted for a number of crimes, including obstructing that vote count.

However, in June of this year, the U.S. Supreme Court narrowed the scope of that rule, saying prosecutors must show that "the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding.” 

Many of those behind bars will have their sentence reviewed or their case retried. They may also be released.

(photo by Tom Olin)

One of the most creative protests happened in 1990. Congress had stalled on a bill that would make sidewalks and staircases more accessible. Dozens of protestors converged on the Capitol in wheelchairs and walkers and other mobility aids. Then they climbed out and began to crawl up the stairs of the west Capitol front. It was dubbed the Capitol Crawl.

The protest was effective. Congress passed what would be known as the Americans with Disabilities Act in July of that year.

Here’s the fiction inspired by the facts:

In Episode 12 of The Fina Mendoza Mysteries podcast, Abuelita joins a group of demonstrators outside the U.S. Capitol, calling for immigration reform.