Peaceful assembly

Reports of inconsistent and perhaps heavy-handed treatment of people gathered at the Kansas Capitol may raise some concerns.

The right to speak out and protest government actions with which they disagree is one of America’s most basic and treasured freedoms — one that sets the United States apart from many, many nations around the world.

When groups gather to voice such protests, it’s important to maintain a safe and civil atmosphere, but it’s also important to be fair and consistent in enforcing rules regarding decorum.

At least a few protesters who have gathered recently at the Kansas Capitol in Topeka have voiced concerns about the treatment they have received from the Kansas Highway Patrol’s Capitol Police. It’s hard to know whether their complaints are justified, but they should act as a reminder to officers, and those who oversee them, of the need to accommodate peaceful protest in a democracy.

Earlier this month, members of the Kansas chapter of the National Organization for Women came to the Capitol to protest remarks made by a state legislator comparing purchasing separate abortion insurance to carrying a spare tire in his car in case it has a flat. To illustrate their point, NOW brought three tires to use as props in their protest. Although they said they had received permission to bring the tires, Capitol police ordered the props removed.

After several minutes of discussion, the tires were left in place but Kari Ann Rinker, state coordinator for NOW, later sought an apology from the state, saying “Your security’s confused, erratic and bullish behavior at the Capitol Building in Topeka was unacceptable.”

Those adjectives might also apply to the treatment described in a letter to the Journal-World’s Public Forum last week. Lawrence resident Jack Ozegovic said he came to the Capitol with a small group of art protesters on the same day as the NOW protest. Nine members of the group were approached by capitol police who took their driver’s licenses and appeared to be checking them for outstanding warrants.

The description of officers as confused also seems to apply to a dispute last week involving the Kansas Equality Commission, which was barred from carrying flags mounted on poles onto the Statehouse grounds. Capitol Police Commander Marc McCune told a Topeka newspaper that officers have the authority to take such action if they believe the flagpoles may present a danger.

Protesters certainly shouldn’t be allowed to use flagpoles as weapons, but the rules must be consistent. When the newspaper found photos it had taken of other Statehouse visitors carrying pole-mounted flags and signs, McCune said “events,” “protests” and “rallies” required different handling. The newspaper photos, he said, were of a public Kansas Day “event” and an anti-abortion “rally.”

McCune also said that a Kansas Department of Administration policy governs what can be carried into the Statehouse or onto the grounds, but when the newspaper asked that department for a copy of the policy they were referred to the governor’s media spokeswoman, who couldn’t be reached immediately. Where is the policy? It should be easily available to any Kansan and might clear up a lot of the confusion now surrounding what’s allowed at Capitol gatherings.

Again, state officers have a responsibility to maintain a safe environment around the Kansas Capitol, but they also have a responsibility to protect the rights of people who want to peacefully gather to voice an opinion about state policy or actions.