District 22 E-News Update: Response to Mayor's July 27th Letter to Metro Council

District 22 Header Image
Robin Engel Photo

District 22 Councilman
Robin J. Engel

Louisville Metro Council
City Hall - 2nd Floor
601 W. Jefferson Street
Louisville, KY 40202
Phone: (502) 574-1122
Fax: (502) 574-4501
Contact Councilman Engel


jt

Jared Townes
Legislative Assistant
502-574-3467
jared.townes@louisvilleky.gov


Facebook Button

MetroCall 311

Metro Police Badge

Library

Metro Fire

FCCACC

2

Click here to view crime maps.

 

WELCOME TO OUR E-NEWSLETTER

Our Mission Statement:

“To Provide Efficient, Courteous And

 Professional Service To Our Community”

"Success Comes By Helping Others" 

We're Proud To Serve You In Representing District 22


In This Issue . . .


Response to Mayor's Letter to Council

District 22, neighbors and friends,

On July 23, I and a bi-partisan collection of eight colleagues on the Metro Council asked the Mayor to consistently enforce the law for the safety of protesters as well as the security of the community, government buildings and businesses across Louisville.  The Mayor responded to our letter last week.  He closed by asking that I include his response in my communications with you.  I am happy to share his comments, however, I would be remiss if I allowed his assertions go without a response showing that each of our claims were well founded and supported by fact. Please find a copy of his letter attached.  To make it clear that we stand by our previous statements, I have taken each of the claims made by Mayor Fischer in his reply and offered evidence that clearly supports our position.

 

“No officer has been ‘ordered to stand down.’”

Several officers have shared with reporters that they were in fact ordered to stand down. More than 100 officers stood together during a protest to support this claim. Further, Mayor Fischer was quoted in a June 30, 2020 Wave3 interview stating that Interim Chief Robert Schroeder made the call to order officers to stand down. The evidence speaks for itself.  The fact that officers indeed stood down is proven by the damage to government buildings, public assets, and the windows that were broken out of just about every building in the central business district.  Days later, we watched police retreat from protesters who blocked traffic attempting to enter Interstate 64.  The evidence clearly supports the accounts of dozens of police officers and multiple media reports over the claims of the Mayor.

 

“Our administration has not encouraged people to assemble and move in large groups.” 

In fact, no group of persons, regardless of how loosely or well organized, is permitted under ordinance to assemble in, or use park property to the exclusion of others. Metro Ordinances Chapter 100.02 as well as Chapter 100.11 require and individual, group or non-profit wanting to hold an event in any of our parks to obtain a permit and  provide for security and depending on the size of the anticipated crowd they would be required to show how they plan to dispose of trash and recycled materials. Even a family wishing something as simple as a family reunion in one of our picnic pavilions is required to pay for a permit in order to reserve that space or to host a parade, walk, or similar events.  Due to Covid-19 concerns and Gubernatorial Executive Orders, no such permits are granted at this time.  In addition to failing to require permits, the Mayor’s administration has adopted the policy of working with groups to encourage certain travel routes “We have encouraged and mandated that when people assemble and march that it must be done in a peaceful and orderly fashion.” The Mayor has also supplied portable restrooms, electrical connections and other items for those assembling. On several occasions police officers have been shown following, and in some cases, blocking intersections in order to facilitate these marches/caravans.  Despite this assistance, some of the caravans have disobeyed traffic laws by stopping in the middle of the road as well as driving in lanes reserved for traffic in the opposite direction and surrounding and assaulting vehicles.

 

 

“The organic, random and spontaneous nature of many of these protests makes it difficult to require that all administrative requirements, like permits, are filled out by protesters.” 

On several occasions, the Metro Council was informed that the administration would seek or issue permits (as required in Metro Code of Ordinances Chapter 100).  The Mayor has told several of us that the groups who were occupying Jefferson Square Park were not willing to file a request for a permit and, that because of their first amendment rights, he would not require them.  As recently as July 24, 2020 members of the Metro Council were told by Mayor Fischer that no permits would be granted due to the pandemic.  Many of these protests are far from ‘organic, random and spontaneous.’ The protests that blocked off the Second Street bridge as well as the event that stopped traffic and commerce at NULU for more than an hour used rental trucks and props that clearly shows that they were planned events.  Protesters were allowed to maintain control of each of these intersections for hours not minutes.  While we understand that the planning of the protesters is a challenge to LMPD who doesn’t know where they will interrupt traffic and create mayhem, we also know that police were notified as soon as the rental trucks arrived and began to block traffic.  Protesters were allowed to disrupt traffic, start fires, and interrupt commerce.  Fire fighters, (a fire burned on 6th Street for over an hour as firefighters were prevented from putting it out) public works employees (the statue of King Louis at the corner of 6th and Jefferson has been painted repeatedly and currently has curse words painted on it) and police have been disrupted in their efforts as the administration has directed them not to engage.

 

“We are addressing each situation as it occurs.  We are not allowing the streets to be blocked or to have interference with pedestrians or motorists.” 

Countless events documented on television as well as social media have proven this statement as being false. Those persons deciding to shut down streets/transit have made it impossible for persons trying to get home, to work, to doctor appointments or simply trying to move within our city.  Rush hour blockades and slow-moving caravans have led the Mayor to respond to a Council member expressing these concerns that she should “take another route, perhaps come in from the West” to avoid being late to work because of these blockades.  Further, the Mayor has consistently tried to minimize these actions and claimed the disruptions lasted only minutes, while any media accounts and those citizens stopped by these barricades knows, in many cases, it has taken hours to reopen.  (Examples include: the George Rogers Clark Bridge closure, rush hour closures near Jefferson Square and recent NULU evening shut down).  These actions have resulted in persons scaling an interstate bridge to hang banners, the surrounding and threatening of vehicles attempting to enter Interstate 64 at the 9th Street ramp as well as multiple assaults of people leaving downtown garages and government buildings.

 

“The caravan activity is challenging to address but officers are intervening if traffic laws are being broken and it is safe for the officer to intervene”.

There is ample video evidence of these caravans driving on the wrong side of the road, with people sitting on top of cars, and disregarding traffic signal devices.  In at least one such caravan fires were set, cars were shown on the news driving the wrong way and in at least one incident firearms were discharged.  These activities are not only dangerous for any casual passerby, they are dangerous for the protesters themselves.  Groups of protesters moved in caravans out River Road and Shelbyville Road, where they were allowed to travel freely with no visible response from LMPD.  It wasn’t until they reached Prospect and St. Matthews that they were stopped by officers from those suburban cities.

 

 

“Third, the statutes and ordinances of the Commonwealth and Metro Louisville are being enforced.” 

We have already enumerated several examples where permits are not being required.  A quick look at the statue of King Louis, repeated damage to government property, and lack of enforcement of traffic violations are all evidence that Statutes, Ordinances and Metro Policies are not being enforced.  As Governor Beshear orders the closing of bars, the reduction of restaurant seating to 25% capacity and has asked that churches again suspend Sunday services, the administration has done nothing to limit the size of these gatherings to the 50 or fewer as recommended; all while sending Code Enforcement and Health Department employees to businesses who have spent considerable efforts and resources to try to reopen safely within CDC guidelines. 

 

“Any violent actions that have occurred in or adjacent to Jefferson Square Park have been rapidly responded to and addressed by LMPD.” 

Jefferson County’s Sherriff’s Office were the first responders to the shooting of Tyler Gerth.  There were no LMPD officers in, or around the park. The Mayor’s Office has consistently suggested that the protests are peaceful despite small numbers of people acting otherwise. This view has led to reduced police presence as well as increased risk to officer safety as exemplified through commands to eliminate use of riot gear in the area.  The police responded when called.

 

Finally, the Mayor closes his letter with an exhortation that

“… I would welcome further involvement with you and your co-signers to address the challenging societal issues we are facing…There are many budgetary, equity, and structural opportunities where we can make a difference…”

Please know that those who signed this letter have joined together to demand transparency in the handling of circumstances that are at the heart of much of the current discord.  We pledge to continue working to resolve these issues that we agree predate each of us.  We believe that the starting point in dealing with these societal struggles is a clear and honest account of how we got here.  We can’t move beyond the hurt and damage without first acknowledging the truth.  The decision of the Mayor’s representatives to not participate in a public hearing on this matter further damages that trust. We have been and promise to continue working together with our Metro Council colleagues to pursue accountability, transparency and future budgets that respond to the inequities mentioned.

 

In closing, we are grateful for an apparent increase in the enforcement of some Ordinances and Statutes.  We are aware that the Mayor has been reaching out to some of the leaders of the protests, and that his administration sought information about the groups who came in on July 25.  We are extremely proud of our police officers for their service, including with groups representing very different belief systems. We have noticed with some gratitude that the Mayor has spoken on several news programs about the importance of enforcing the law while trying to respect First Amendment rights.  Our sincerest hope is that these are the beginning steps in reducing the tensions that may lead to further violence; that the mayor extends efforts to communicate beyond just the television news and selected protest leaders.

 

Thank you for the privilege of serving as your representative on the Metro Council. I promise to continue to keep you updated on events as they unfold.

Regards,

 

Robin J. Engel

Councilman District 22

 

Below I have included Mayor Fischer's Letter...