Rochester Police Department

General Order
EFFECTIVE DATE: SUBJECT: ORDER#

7/1/2022 Protest and Mass Demonstration Response 680

RESCINDS: REFERENCE STANDARD(S): PAGE

1 of 8
NYS:
ATTACHMENT(S):

Chief’s Signature:

I. INTRODUCTION

A. This General Order (G.O.) shall serve as the overarching regulation

relative to protests and mass demonstrations. Any G.O., training
bulletin or other writing which conflicts shall be deemed
superseded by this order.

B. All demonstrations (even those where minor violations of the law

are occurring) will fall under these restrictions. However, breaches
of secure buildings, acts of physical violence, and/or threatening of
serious physical injury will be treated as such and not as part of the
protest action. Specific individuals engaging in felonious conduct
will be treated as they would normally in any other setting. This
does not mean, however, that actions such as the throwing of
water bottles, or the discharge of an occasional firework, shall
authorize a variation from this G.O. Only major actions resulting
in a significant threat to human life, or to secure buildings, shall
allow for further action. In such cases, the general
protest/demonstration and its participants shall still be treated
under the terms of the G.O. Additionally, if an unlawful assembly
is declared – all provisions of this G.O (including limitations on
certain types of force) shall still apply.

C. It shall be the policy of the RPD, whenever possible, to allow

outdoor demonstrations to run their course without interference
and to focus on the goal of protecting human life and strategic
properties (when possible from inside those properties).

D. It is also the policy of the RPD to take all reasonable steps to avoid
harm to identifiable medics, members of the press and legal
observers.
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II. MISSION AND OVERVIEW

A. The Rochester Police Department (RPD) is committed to

supporting the U.S. Constitution, as the First Amendment protects
the right to assemble. The Rochester Police Department is also
committed to public safety and the responsibility to protect
the public from criminal acts, including violence, in order to ensure
safety.

1. While the scope of this order is geared towards larger scale

planned protests, it should be noted a protest may also
include a small group of individuals, or may occur without
notice. Regardless of the number of participants, or if notice
is received, the principles listed in this order shall apply.

B. The utilization of de-escalation, in accordance with G.O. 575, and

patience will resound during a protest response and will be part of
the planning and discussion process.

C. The initial response to protest activity shall be to observe, and to

not take action unless it is deemed to be necessary to ensure public
safety.

D. If it becomes necessary for a member to use force during a protest

response, that force must be reasonable, necessary, and
proportionate, within the scope of the policies and procedures of
the Rochester Police Department, and in accordance with this G.O.
and G.O. 337.

E. It is the duty of all members to intervene, in accordance with G.O.

336, if they observe a use of force which does not comply with the
policies and training of the Rochester Police Department.

F. All uniformed officers assigned to a protest or mass

demonstration shall wear and activate their BWC at all times
when in public view and/or when engaging in protest related
activities.

III. PROTEST PLANNING

A. The RPD will strive to engage in proactive community engagement

with involved groups, organizers, and community leaders when
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Protest and Mass Demonstration Response -3-

there is knowledge of a protest, in order to build trust and ensure

that the group is able to exercise their constitutional rights, and
allow for the Department to provide safety to those participating,
or who may be located nearby.

1. If available, the Department will work with identified

community liaisons and mediators before, and during, an
event.

2. The PIO shall provide updates to the media as necessary, to

include: expectations and other information, such as road
closures.

B. The RPD will utilize the Monroe County Crime Analysis Center
(MCAC) and other available intelligence resources when
preparing for an event.

C. The planned response to a protest shall be documented on an

Operational Plan, which shall be approved by The Chief or the
Deputy Chief of Operations (DCO) and reviewed by Corporation
Counsel. This plan shall outline: available information about the
event, the name and rank of the Incident Commander, the
planned response, and the roles and responsibilities of the assigned
members. It will utilize the SMEAC format, in accordance with
General Order 200.

1. The plan shall identify who is designated to authorize

the use of force, which shall comply with this G.O.

2. The plan shall also make clear for members who they shall
communicate information with, as part of their chain of
command, to ensure that appropriate information is relayed
to the Incident Commander.

D. Members will display a neutral position, remain patient, and

practice de-escalation where appropriate, and will not engage in
demonstration related conversation with participants.

E. If crowd dispersal is necessary, supervisors will utilize the

following in order:

1. Verbal persuasion to request dispersal.

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Protest and Mass Demonstration Response -4-

2. Issuance of warnings.

3. Upon authorization of the Incident Commander, and only if

crowd dispersal is required due to life threatening
conditions, use physical attempts to move the crowd and/or
effect arrests.

NOTE: Mass arrests will not occur unless authorized by the

Chief of Police.

a) It is the responsibility of the RPD to preserve the

peace while protecting the rights of demonstrators to
assemble peacefully and exercise free speech.
Members will make all reasonable efforts to employ
non arrest, but as required or directed, will make
arrests as outlined in the G.O. (Situations which may
lead to an arrest shall be discussed beforehand as
part of the Operational Plan, and objectives shall be
relayed to members during the protest roll call
briefing).

b) Chemical agents will not be used to disperse a

crowd.

4. Upon dispersal of the crowd, the Commanding Officer at

the scene will direct de-escalation procedures to members.

F. Use of Equipment and Force:

1. All use of chemical agents by MFF and/or Grenadiers must

be approved by the Chief of Police or DCO.

2. Pepperball - Only those officers that have successfully

completed an approved RPD PLS training course will be
authorized to deploy the System, and their use shall be
as limited as possible in a protest/mass demonstration
setting, in compliance with this order.

a) Pepperball use shall not be employed to clear crowds

and shall only be used to address a specific
articulable threat.
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b) Where possible, and when use is permissible

according to this order, Pepperball shall not be
deployed at individuals, and instead directed at an
impact area, to ensure safety to those located nearby.
If deployed at an individual, the target area of the
throat, face, base of neck, and spine shall be avoided.

3. OC spray - During a protest event, if an individual

against whom OC Spray may be used is part of a group or
crowd, the use of OC spray is only authorized after
obtaining approval from the Police Chief or his/her
designee.

4. Long Range Acoustical Device (LRAD) – The LRAD may

not be used for the purpose of emitting tones.

a) The Rochester Police Department (RPD) possesses

and may deploy LRAD for the following purposes:
making notifications, relaying emergency orders,
giving clear warnings.

5. Any use of the above equipment, with the exception of the

use of the LRAD to make announcements, and any other use
of force, must be documented on a Subject Resistance
Report, in accordance with G.O. 335.

G. Prohibited Actions During a Protest Response

1. Should protests become loud or disruptive, or with minor

violations of the law, force will not be utilized.

2. The patrol rifle will not be deployed or used in situations

involving a civil demonstration, protest, or crowd control
unless exigent circumstances exist involving a threat from
firearms, explosives, or other dangerous weapons. Members
will make every effort not to have rifles displayed during
peaceful protest events and must adhere to all Special
Teams policies and procedures relating to rifle deployments.

3. The presence of K9's will not be approved or be used as part

of a response to riots or demonstrations as per current
policy, but may be used for protective sweeps before or after
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an incident.

4. The use of "kettling”, defined as surrounding protesters and

containing them within a small area while not allowing
them safe means of egress, will not be utilized by the
Rochester Police Department.

5. Officers shall not deploy Noise Flash Diversion Devices,

commonly known as Flash Bangs, for protest related
activities under any circumstances.

6. Tear gas will not be utilized in any outdoor protests/mass

demonstrations under any circumstances.

7. In a mass demonstration, or protest situation, the Special

Weapons and Tactics (SWAT) Team will not be used
(including SWAT Vehicles weapons, equipment and
uniforms) without authorization of the Chief of Police or
designee.

NOTE: The SWAT Team may be activated and deployed to

a staging area as part of an approved operational plan
involving a protest or demonstration. In such cases, actual
operational deployment or use of the SWAT Team must be
in accordance with this policy.

8. Officers shall be prohibited from taping over badges and

name plates without authorization from command staff. If
such authorization is granted, officers may remove or cover
those items but must replace them with their issued
designated protest number which must remain visible at all
times.

IV. COMMAND POST

When an Incident Command System (ICS) response is required, as

outlined in General Order 601, the Command Post will be established in
the Camera Room, located within the Technical Services Section, unless
specified otherwise. Upon activation of the Command Post, the
Commanding Officer of the Technical Services Section shall be notified to
ensure the room has adequate supplies and staffing, and that all
technology located within the room is working properly.
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A. Incident Command Objectives:

1. Identify an Incident Commander who will be responsible

for the overall implementation of the Operational Plan.

2. Utilization and implementation of the Unified Incident

Command System. Coordination shall be made with
agencies who will be assisting with the Operations (MSCO,
NYSP, RFD, 911, etc.), and they shall have a workstation
available at the Command Post.

a) Corporation Counsel shall be part of the staff present

during mass demonstrations and protests of any
significance.

3. Briefing of all participating members prior to the start of a

detail, which shall involve the reviewing of the Operational
Plan and its mission, objectives, and expectations.

4. Maintaining situational awareness, patience, and flexibility

while adapting strategies and tactics during this event
based upon the circumstances that are in progress.

5. Ensuring the preservation of the U.S Constitution rights for

people to peaceably assemble.

6. Providing for the health and safety of all public safety

personnel, first responders, and the community.

V. CONCLUSION OF AN EVENT

A. At the conclusion of an event, the Incident Commander will:

1. Ensure that the completion of all appropriate

documentation takes place, along with BWC Downloads,
and is forwarded as directed.

2. Forward a summary of the incident to the PIO and Chief of

Police, documenting any notable incidents to include, but
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not be limited to: arrests, any use of force, and/or use of

chemical agents.

3. Conduct a debriefing of the incident with detail command

staff and supervisors to assess the execution of the
Operational Plan, and address any deficiencies in its
deployment.

4. At the direction of the Chief of Police, the Incident

Commander, or designee, shall complete an After Action
Report, in accordance with General Order G.O. 200.

5. Coordinate with the Administration Commander for the use

and/or deployment of the Officer Wellness Unit, as
required.