Norton Seeks Clarification From U.S. Capitol Police After Arrest of Peaceful D.C. Resident at Congressional Hearing

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) released a letter she sent today to U.S. Capitol Police (USCP) Chief Kim Dine requesting clarification on USCP's policy on removing demonstrators from House and Senate committee hearings and business meetings (markups). Norton is seeking clarification after a District of Columbia resident was forcibly removed from a House Oversight and Government Reform Committee hearing on April 21 despite witness accounts that the resident was not demonstrating. The resident has since been charged with unlawful entry.

In her letter, Norton wrote: "I understand that the government may impose time, place and manner restrictions on speech. However, members of the public have the right to attend and observe its proceedings….In my more than 20 years as a Member of Congress, I have seen officers treat demonstrators at hearings and business meetings inconsistently -- with some allowed to stay, some asked to leave and some forcibly removed. Such inconsistency is troubling if it results from unclear policies, lack of training or unregulated officer discretion."

Norton requested a response within 30 days.

The full text of the letter is below:

May 18, 2015

Kim Dine
Chief
U.S. Capitol Police
119 D Street NE
Washington, DC 20510

Dear Chief Dine:

I write to request clarification of the U.S. Capitol Police's policy on removing demonstrators from House and Senate committee hearings and business meetings. In your response, please specify the regulations or laws that indicate whether officers must personally observe the conduct to remove a demonstrator or may rely solely on witness reports.

On April 21, 2015, the House Oversight and Government Reform Committee held a business meeting to consider H.J. Res. 43, Disapproving the action of the District of Columbia Council in approving the Reproductive Health Non-Discrimination Amendment Act of 2014. During the meeting, several D.C. residents stood up and began yelling "D.C. votes no" to protest D.C.'s lack of congressional voting rights and control over its local affairs. Police officers asked them to leave, and they did so. However, the officers also asked two D.C. residents who were seated near the protestors to leave, too, even though, by the accounts I have read and the photos I have seen, they did not appear to be protesting. One of the two residents refused to leave, and was carried out and arrested by police. He has since been charged with unlawful entry.

I understand that the government may impose time, place and manner restrictions on speech. However, members of the public have the right to attend and observe congressional proceedings.

As you know, I have great respect and appreciation for our Capitol Police officers. However, in my more than 20 years as a Member of Congress, I have seen officers treat demonstrators at hearings and business meetings inconsistently -- with some allowed to stay, some asked to leave and some forcibly removed. Such inconsistency is troubling if it results from unclear policies, lack of training or unregulated officer discretion.

I ask that you provide me with the requested information within 30 days.

Sincerely,

Eleanor Holmes Norton