Ryan Garabedian- Police Control of the City of Boston

Amid the rising tensions that the George Floyd Protests have caused between police and the civilians they are sworn to protect and serve, it is necessary for us to reflect on how we got into this situation. It’s important to note that police are an essential service that is provided by governments, but specific tactics by police that undermine the liberties and rights of the people must be abhorred, rejected, and understood. In the City of Boston, these deplorable actions can be traced back to the 2004 Democratic National Convention.

First, it is important to consider the situation at the time of the Convention. The United States has been slowly passing laws since the last election designed at security, mostly in response to the 9/11 attacks. The most pertinent laws here are the Presidential Threat Protection Act of 2000 (18 U.S.C. § 3056) and the Homeland Security Act (Pub.L. 107–296, 116 Stat. 2135), which gives the Secret Service, Department of Homeland Security, state, and local authorities to take swift measures to protect against threats to national security. The Boston DNC and the New York City Republican National Convention of 2004 were the first conventions where these added security measures were in place. Amid these added security measures, the Boston Police Department has been working without a contract for two years.

In accordance with these situations, heightened security was designed around the then called Fleet Center, now the TD Garden. In practice, the City looked like a city under occupation: police patrolling with fully automatic weapons, surveillance aircraft circling ahead, armed Coast Guard boats patrolling the harbor, shutdown of the Central Artery or I-93, and banning of all private aircraft.[1] Despite these drastic measures, The United States Constitution still governs the land, and as such, the citizens have rights. As with anything political, those that have an opposing view will want to voice them within the scope of their First Amendment Rights. What was seen as a compromise was developed, a designated protest area near the convention.[2] These “protest pens,” as they became known, were highly criticized by the American Civil Liberties Union(ACLU) and others, but were deemed to be a constitutionally sound restriction on free speech under the “time, place, and manner” doctrine.[3]

After the convention, the City did not use the exact tactic of “protest pens” but the geography of the City has resulted in situations that reflect that of the convention, where protesters are backed into a confined area. During the recent May 31, 2020 Black Lives Matter protest that turned violent, protesters were corralled into the Boston Common at sunset. By accounts of protesters, the police surrounded the Common and told the crowd to disperse, despite officials shutting down MBTA stops nearby.[4] [5] Protesters were left with little option of where to go and, “some…described feeling penned.”[6] Despite not having a physical barrier for the protest pen, the geography of the Common being surrounded by roads on all sides filled with police acted like an barrier.

One important aspect for the convention was securing the roads and subways. The Convention itself took place at the Fleet Center, which is placed above North Station, which houses a stop for the Green Line, Orange Line, Amtrak’s Downeaster, and five Commuter Rail lines. In a report by the United States Department of Transportation reflecting on the security protocols, they highlighted how all service was either rerouted or skipped the stop entirely, in addition to bag searches for trains passing directly underneath.[7] This practice has been followed in the recent George Floyd protests, with officials shutting down nearby stations in the name of security.[8]

Most impactful for the City is the Police Union. Historically, the Boston Police have used their union to gain power at the bargaining table, starting with the Police Strike of 1919. However, during the convention, the police were working without a contract for two years and were frustrated with stalling negotiations.[9] The modern-day Democratic Party is referred to as the party of organized labor, supporting their cause for better treatment. The threat of a picket put the party in a tough situation, where they would be breaking a picket line to attend to their own business. After the presumed nominee, Senator John Kerry, a Massachusetts Native, refused to speak and cross the picket line, a contract was quickly settled upon.[10] Since then, the most of the several unions that represent Boston Police have easily gotten contracts.[11] In support of this relative labor peace is the overtime budget, which was at roughly $25 million in 2006, and was up to $60 million in the proposed 2020 budget.[12][13] This relative labor peace indicated that there is little accountability in the Boston Police force, just like how there was on the State Police force. If there was accountability, the overtime budget would have increased near the levels of inflation, which has been 128% between 2006 and 2020, meaning that the $25 million should be about $30 million. Instead, it increased by 240%. Much of the increasing overtime budget can be assumed to be related to falsifying timecards, like with the 22 State Troopers that did so in 2020.[14] With little accountability comes abuse of power, as was summarized in a WBZ I-Team investigation report of 2014. In it, the researchers found that there had been over $6 million in misconduct settlements in a four-year window.[15]

In a sign of things to come, the George Floyd protests are bringing into question the quasi-police state that the United States and Boston find themselves in. During the most recent Police contract negotiations and budget negotiations, Mayor Marty Walsh and the City Councilors have taken funds from the police to reinvest into the City and fix the lack of oversight and abuse.[16] Perhaps soon, we will see the tactics and actions developed in and as a result of the 2004 DNC cease to exist as we strive for a better City.

[1] Associated Press, Security details: dogs, guns, choppers, 2004

[2] Nanes, The Constitutional Infringement Zone…,2005

[3] Ibid.

[4] Jarmanning, How a Day of Peaceful Protest Turned to Hours of Unrest, 2020

[5] Buell, As Things Got Ugly, Protesters Trying to Flee Downtown Boston found MBTA Stops Closed, 2020

[6] Jarmanning, How a Day of Peaceful Protest Turned to Hours of Unrest, 2020

[7] Volpe, Transportation Management and Security During the 2004 Democratic National Convention, 2005

[8] Buell, As Things Got Ugly, Protesters Trying to Flee Downtown Boston found MBTA Stops Closed, 2020

[9] Greenhouse, Democrats Fear Boston Police Union May Picket During the Convention,

[10] Ibid.

[11] City of Boston, Labor Relations, 2020

[12] Public Safety Cabinet, 2006

[13] Cotter, Boston police union contracts expire Tuesday amid funding battle, 2020

[14] WBUR Newsroom, State Police: 22 Troopers Implicated In Overtime Scandal Will Be Disciplined, 2020

[15] Shortsleeve, I-Team: Boston Tops List of Police Misconduct Settlements, 2014

[16] Cotter, Boston police union contracts expire Tuesday amid funding battle, 2020

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