Chevy Chase, MD—The activists organizing protests at Associate Justice Brett Kavanaugh’s and Chief Justice Robert’s homes were warned by Montgomery County Police they were too loud on Wednesday afternoon and they would face arrest if they continued yelling, using plastic drums, and speaking on bullhorns in the neighborhood.
Police first gave two protesters a warning and then gave the entire group a warning that they could face arrest if they continued noise levels over 72 decibels after the warnings were given. The activists from OurRightsDC and DownrightImpolite have been organizing the protests outside the homes of the right-wing justices for 10 weeks but this is the first time police invoked a noise ordinance as justification for arrest.
The constitutionally questionable order was issued to them by a spokesperson from Montgomery County Police who has previously liased with protesters before activists began walking to the justices’ homes. Noise has not been mentioned until Wednesday, according to several activists involved in the organizing over the last 10 weeks.
The spokesman said that a Maryland State employee followed the protesters with a decibel meter machine and recorded their voices. An officer warned two of the activists they were making too much noise and shortly thereafter he warned the entire group that it was too loud.
What is not clear to activists is why police are only making this stipulation known to protesters now and after they have been visiting the Kavanaugh’s neighborhood for 10 weeks. What was also not clear whether or not the Country code he cited to them was being enforced correctly and whether or not the activists were actually breaking a law because police have not previously set any stipulation as to noise level in their many impromptu liaison meetings with activists before the protests as they usually do.
Joe little, one of the organizers who has been at the protests since the beginning of the sustained actions believes that Montgomery County Police are bending to political pressure from Federal and State levels because of the high-profile nature of the protests and the attention it is getting in the press.
Little said that the police first warned two of the protesters they were being too loud and so the two protesters who were warned placed silver tape over their mouths. This tactic was so police couldn’t blame those already warned they were making too much noise again during subsequent passes by the Kavanaugh residence. Then police warned the entire group because police said the protesters had exceeded the 72 decibel limit.
“They’re just looking for any reason to arrest us,” Little said. “I think we’ve been out here so long that government leaders and officials are now bullying police to go after us.”
Little also feels the decibel readings were taken arbitrarily and the State employee who took the readings left doubt in his mind about about whether the technical procedure for taking the readings was correct. “I walked right in front of the decibel meter and yelled and I didn’t get a warning,” he said. “I don’t think they know what they are doing because they just threw this together.”
Little also noted that police told the activists they had taken every one of the protesters pictures who was present and would have the photos printed next week when they returned.
The continuing residential protests were organized by the activists who formed a coalition from several groups after the Supreme Court Dobbs v. Planned Parenthood draft decision was leaked. The protests continued to grow with more participants after the Supreme Court effectively overturned Roe v. Wade on June 24 and have been held continuously at Brett Kavanaugh’s home, and Chief Justice John Robert’s home since May 2. The activists have also held protests at the homes of Associate Justice Amy Barrett, Clarence Thomas, Samuel Alito, and Neil Gorsuch, one for nearly each day of the week.
The protest actions have drawn national attention in many major news outlets and as police warned protesters they were “too loud” on their bullhorns it is certain to draw even more attention to the protests.
”We intend to keep protests going as long as we can,” said Little. “This isn’t going to dissuade us.”
Many from around the country have expressed desire to support the protesters. Protesters have been coming out of pocket for costs for art supplies and travel costs to the homes and have set up a go fund me page here.
