Complaint #200408436,
August 29, 2004

Summary

[redacted] was interviewed at the CCRB on September 29, 2004 (enc. 4). On the evening of August 29, 2004, [redacted] rode her bike to the USS Intrepid, where she was later joined by fellow members of a street theater group, the [redacted] 1. Videographer [redacted] was filming the performance. [redacted] had no interaction with any officers prior to the arrival of her colleagues. [redacted] could not estimate the number of officers present at the entrance to the Intrepid when she arrived. The group had planned to perform near the USS Intrepid, where a party for delegates to the Republican National Convention (RNC) was taking place.
They started performing on the sidewalk south of the Intrepid. An officer, identified by investigation as Sergeant Ronald Moore, told the group that they needed to stand on the median, a three to four foot wide strip between a bike path and a walkway on the west side of the West Side Highway. They stood on the median and started to sing. Sergeant Moore told the group that the three male members of the group, all of whom were wearing masks, would have to remove their masks. One of the group members asked the officer whether that was true, but Sergeant Moore simply reiterated his demand that the group members remove their masks. The men complied. As they sang, a few people passed by to take pictures.
They were halfway through a song when an officer, identified by investigation as Lieutenant Detective Commander (LCD) Abner Moore, came over and told the group that they had five minutes to leave, or they would be arrested. [redacted] did not know whether LCD Moore had previously addressed the group. Somebody in the group began reciting the first amendment and LCD Moore began to look at his watch. The group then dispersed. The group had no permit and has never obtained one for a performance. Read report for details.