Know Your Rights: Demonstrating in New York City
by The New York Civil Liberties Union

New Yorkers have the right to engage in peaceful, protest activity on public sidewalks, in public parks, and on public streets in New York City. This includes the right to distribute handbills or leaflets; the right to hold press conferences, demonstrations, and rallies; and the right to march on public sidewalks and in public streets. The City can and does impose certain restrictions on these activities, and in some instances one must obtain a permit before engaging in certain activity. This brochure is intended to inform New Yorkers of the basic rules governing demonstration activity.

Do I Need a Permit?

It depends on what you want to do. If you want to distribute handbills on a public sidewalk or in a public park, have a demonstration, rally, or press conference on a public sidewalk, or march on a public sidewalk and you do not intend to use amplified sound, you do not need any permit. If you want to use amplified sound on public property, want to have an event with more than 20 people in a New York City park, or wish to conduct a march in a public street, you will need a permit. If you wish to have an event on the steps of City Hall or in the plaza in front of the steps, you need to make special arrangements with the Police Department.

If I Want to Distribute Handbills; Have a Demonstration, Rally, Press Conference; or March on a Public Sidewalk, What Do I Need to Do?

Nothing but plan your event. If you want, you can notify the Police Department, but that is not required. If you do notify the Police Department, officers may appear at the event; if your event involves a significant number of people, the Police Department may set up a ?pen? in which they will ask you to stand.

In conducting your event, you cannot block pedestrian passage on a sidewalk, and thus should leave at least one-half of the sidewalk free for use. You also cannot block building entrances.

What if I Want to March on a Public Street?

You may be able to march in a public street (as opposed to on a sidewalk) in some circumstances. In every instance, you must apply (for) and obtain a permit from the Police Department. If you expect to have fewer than 1000 people in your march, you can apply for a permit at the precinct in which the march will originate. If you expect 1000 people or more, you must apply at Police Headquarters (1 Police Plaza, Room 1100A) in lower Manhattan. There is no fee to apply for a parade permit.

As a general rule, the Police Department will only allow marches to take place in the street if the group has enough people so that it is not safe or otherwise reasonable for the group to march on the sidewalk. In those instances in which a group is allowed to march in the street, the police will close a portion of the roadway for the group. (1)

What If I Want to Use Amplified Sound?

If you want to use amplified sound in a public place, you must receive a permit from the Police Department. You apply for the permit at the precinct within which you wish to use sound, and in most precincts you obtain the application from the precinct?s Community Affairs Office. The fee for a one-time permit is $45.00.

Though City rules specify that permits must be sought at least five days before the event, you are entitled to receive a permit even if you apply less than five days before your event. City rules prohibit the use of amplified sound within 500 feet of a school, courthouse or church during hours of school, court or worship, or within 500 feet of a hospital or similar institution. In many instances, the permit may specify a decibel limit on the level of permissible sound. City rules also prohibit the use of amplified sound between 10:00 p.m. and 9:00 a.m. in nonresidential areas; in residential areas, amplified sound is not permitted between 8:00 p.m. or sunset (whichever is later) and (9:00 a.m. on weekdays, and between 8:00 p.m. or sunset (whichever is later) and 10:00 a.m. on weekends.

Finally, if you intend to use amplified sound that requires electricity, you are not allowed to tap into public power (e.g. a light pole) unless you have made specific arrangements with the City to do so. (2)

What If I Want to Have a Rally, Press Conference or Demonstration in a City Park?

You are entitled to distribute expressive materials or to have a rally, press conference, or demonstration in a City Park. If the event will include more than 20 participants, you must obtain a Special Events permit from the Parks Department. You can obtain a permit application, which contains the general rules governing the permit process, from the Department?s main office in the borough where the park is located or from the Parks Department?s website (nycparks.completeinet.net). The fee for applying for a permit is $25.00.

You also are entitled to use amplified sound at an event in a City park. As with amplified sound in other public places, you must obtain a permit from the Police Department to use amplified sound in a public park. Generally, the Police Department will not issue a sound permit until you obtain your Parks Department permit. (3)

Footnotes

(1) The official rules governing parades can be found at section 110 of title 10 of the Administrative Code of the City of New York and at section 19 of title 38 of the Rules of the City of New York.

(2) The official rules governing the use of amplified sound can be found at section 108 of title 10 of the Administrative Code of the City of New York and at chapter 8 of title 38 of the Rules of the City of New York.

(3) The official rules governing demonstration activity in City parks can be found at sections 1-05 and 2-07 of Chapter 56 of the Rules of the City of New York.