UM files multiple charges against 11 protesters and counter-protesters

LANSING, Mich. -- On Thursday, the Michigan Attorney General announced that 11 protesters are now facing criminal charges stemming from an on-campus encampment that popped up at the University of Michigan in protest of the United States sending funds to Israel.

Authorities say that in April, demonstrators established an encampment of tents of fencing on the Diag (a large open space in the middle of the university's central campus) that grew over the course of a month to an estimated 60 tents on the site.

University officials say they met with student liaisons from the camp 11 times over 20 days in April and May to discuss policy violations, safety concerns regarding permitting, and the University’s intention to remove the encampment.

“The right to free speech and assembly is fundamental, and my office fully supports every citizen’s right to free speech under the First Amendment,” said Michigan Attorney General Dana Nessel. “However, violent and criminal behavior, or acts that trample on another’s rights, cannot be tolerated. I hope today’s charges are a reminder to everyone who chooses to assemble, regardless of the cause, that the First Amendment does not provide a cover for illegal activity.”

After talks of peaceful dispersal came to a halt, and at the request of the university, the on-campus Fire Marshal visited and assessed the encampment in May, observing "several specific fire and safety hazards posed by the encampment including the presence of a generator and multiple significantly overloaded electrical devices," according to Nessel.

"The risk was compounded by the many densely populated tents onsite within an improvised perimeter fence of rope, metal fence posts, and chicken wire that would have inhibited any individuals’ quick escape," Nessel said. 

In his follow-up with university Department of Student Safety officials, the Fire Marshal wrote, “the densely placed tents with no egress pathways and the highly combustible nature of the tent materials and other furnishings have made this encampment highly susceptible for a fire to occur and inescapable for any occupants to flee in the event of a fire. If a fire were to occur within this encampment, the human casualty rate would be catastrophic.”

Authorities say the Fire Marshal also, “discovered the primary fire hydrant in front of the Shapiro Library had been vandalized to the point the hydrant is no longer serviceable.”

University officials say that following a meeting with the Fire Marshal to discuss these concerns and possible remedies, the protesters refused to listen to the Fire Marshal’s recommendations to reduce the safety risks, and so the university made the decision to clear the area.

"At 5:38 a.m. on May 21st, police read aloud a dispersal order, commanding all on the Diag to leave within ten minutes, then following the lapse of that approximate time period, read the order again and began to move through the encampment in a wall formation, brandishing their batons to force out the inhabitants," Nessel said.

"The officers’ path was repeatedly blocked by demonstrators placing and throwing chairs, tables, and other items within the encampment into the path of the police. Police moved from the south entrance of the encampment, beginning at 5:48 a.m., to North University by 6:15 a.m."

Authorities say that during the police action to clear the encampment, several demonstrators defied orders from law enforcement to vacate the camp, and physically obstructed the police and pushed against their bodies.

Police say they halted their progress many times to repeat the dispersal order and allow time for students to clear the space. Eventually the camp was cleared with only minor injuries to those involved. 

In total, two protesters have been charged with Trespassing, a maximum 30-day misdemeanor, for failing to vacate the encampment after ample time following clear lawful orders to do so.

Seven protesters were charged with Trespassing and an additional count of Resisting or Obstructing a Police Officer, a maximum 2-year felony.

"While many in the camp initially refused the lawful order to vacate, or impeded the police action to some degree, criminal Resisting or Obstructing charges have been filed only against demonstrators who are alleged to have attempted to halt or push back the police by making direct contact with the officers’ bodies or physically obstruct an arrest," authorities said.

Two more people were also charged, one an alumnus and another with no known ties to the university, for separate incidents involving a counterprotest staged on the Diag on April 25th, during the period the encampment was in place.

"In one instance, a UM alumnus is charged with Disturbing the Peace, a maximum 90-day misdemeanor, for allegedly kicking over flags belonging to demonstrators and additionally Attempted Ethnic Intimidation, a maximum 1-year misdemeanor, consistent with the student’s self-professed reason for doing so, as stated to an investigating officer," authorities said.

"In another instance, a man allegedly took multiple flags from demonstrators, broke two, and deposited them in a nearby garbage can while traversing the Diag, for which he is charged with two counts of Malicious Destruction of Personal Property – Less than $200, a maximum 93-day misdemeanor."

The state said that an investigation into incidents at the homes of University of Michigan Regents remains ongoing.

Attorney General Nessel applauded those who protested but still followed police orders when the camp was deemed unsafe.

"There were dozens of demonstrators in this encampment that morning who promptly obeyed the officers on the scene and dispersed,” Nessel said. “For those who did not, trespassing is a 30-day misdemeanor. In this case we charged only those who made an effort to impede the officers clearing the encampment. Resisting or Obstructing is a much more serious offense, and for the seven demonstrators we have charged with that felony, we allege that every one of them physically placed their hands or bodies against police who were conducting their duty to clear the hazardous encampment, or physically obstructed an arrest.

“The police must be allowed to do their jobs, to secure public safety without unnecessary risks of harm or violence, and these laws are in place to prevent such risks. All students should know, whether on- or off-campus, in a sanctioned demonstration or an unpermitted encampment, disobeying the lawful commands of law enforcement is a crime, and especially so when you use physical force to counter a police action.

“A college campus should be a place where the exploration and sharing of ideas and opinions is able to flourish, but conviction in your ideals is not an excuse for violations of the law,” Nessel continued. “A campus should not be lawless; what is a crime anywhere else in the city remains a crime on university property. Our laws everywhere are designed to make safe communities and encourage respectful coexistence, no matter our personal disagreements or conflicting beliefs. Just as we strive for safe communities and neighborhoods, we owe it to students and parents alike to protect and encourage a safe campus environment."

Charges were officially filed Wednesday, Sept. 11, in 15th District Court in Washtenaw County. None of the defendants have yet been arraigned.

Additional statement from the Michigan Attorney General's Office: 

Due to the multi-jurisdictional nature of the protest activity, the Department of Attorney General offered to review any pending cases related to protest activity to ensure consistency in the law’s application across all incidents on and off campus. The offer was made to local law enforcement, county prosecutors, and university officials in the counties of Washtenaw, Ingham, Oakland and Wayne. No cases have yet been referred from Ingham, Oakland or Wayne counties. Multiple cases out of Washtenaw County were transferred to the Department of Attorney General for review with support of the county prosecutor and University President.

As part of its investigation, the Department reviewed evidence tied to over 35 participants, including:

• Body-worn camera footage from more than 30 on-scene officers,
• Police reports,
• University of Michigan Division of Public Safety and Security (DPSS) reports and dispatch calls,
• Official statement from the University President on ending the encampment,
• Communications between University officials and the local Fire Marshal,
• The Fire Marshal’s May ‘Encampment Fire & Life Safety Recommendations’,
• A DPSS dispersal order,
• UM regents’ bylaws and ordinances,
• The UM Standard Practice Guide,
• University policies on use of subject spaces including the Diag,
• UM’s published Principles on Diversity of Thought and Freedom of Expression,
• UM’s published Statement of Student Rights and Responsibilities,
• Cell phone videos and photos,
• Social media posts, and
• Surveillance footage, among other materials tied to the protests at Regents’ homes, Honors’ Convocation, graduation, art museum, and the encampment on the Diag.

The Department of Attorney General’s Solicitor General Division reviewed all charges for First Amendment considerations.