ALAMOSA —  The City of Alamosa upholds the constitutional right to peacefully assemble in public forums and make your voice heard, as historically demonstrated by groups. While supporting these 1st Amendment rights, the City expects all demonstrators and the general public coming into contact with demonstrators to adhere to local ordinances and laws, maintaining public safety and order.

Demonstrating discontent with government officials and their actions is an American tradition, but endangering public safety and those peacefully demonstrating by disobeying ordinances is not acceptable. An incident between protestors and a motorist during a recent demonstration at Main Street and State Avenue highlights the need to clarify acceptable and unacceptable protest and public behavior.

Specific to demonstrators, Section 11-49 of the Code of Ordinances of the City of Alamosa (“Code”) prohibits obstructing areas used for passage by persons or vehicles, including streets and sidewalks. This applies to areas accessible to the public or a substantial group of the public, regardless of whether the obstruction is caused by an individual acting alone or in conjunction with others. If a demonstration is taking place on a sidewalk, demonstrators must leave sufficient space (approximately 4 feet) for pedestrians to pass through without hindrance or harassment. Failure to do so may result in a citation.

Intentionally hindering or obstructing the movement of any vehicle on any street is prohibited. This includes pedestrians intentionally blocking crosswalks to prevent vehicles from proceeding when they have the right of way, as well as vehicles intentionally stopping in crosswalks to obstruct pedestrian traffic.

Alamosa’s Model Traffic Code, Section 802, outlines pedestrian right-of-way at signalled crosswalks. Pedestrians can enter a crosswalk when the "Walk" signal is on and must leave or clear the crosswalk once the "Do Not Walk" signal illuminates. Entering a crosswalk during a "Do Not Walk" signal is a violation of Section 802 and may result in a citation. Pedestrians already in the crosswalk when the "Do Not Walk" signal comes on have the right of way; vehicles must yield to them, but pedestrians must move to the sidewalk immediately and cannot obstruct traffic. Pedestrians have the right of way in marked but unsignaled crosswalks. However, demonstrators impeding traffic by repeated or continuous use of an unsignaled crosswalk may be cited under Section 11-49 of the Code discussed above.

Pursuant to Section 11-50 of the Code, it is prohibited to throw or project any object at a vehicle. This includes actions such as hitting or throwing a sign at a vehicle while crossing the street.

Remember that during protests and demonstrations, emotions can run high and disagreements are common. However, certain actions from both demonstrators and the general public interacting with demonstrators can result in Disorderly Conduct charges. According to Code Section 11-43, the following actions are considered offenses:

1. Makes a coarse and obvious offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
2. Abuses or threatens a person in a public place in an obviously offensive manner; or
3. Makes a noise which is unreasonable, by nature of content, volume, repetitiveness, hour of day or night, in a manner which disturbs or unreasonably threatens to disturb the peace of a person in a public place or of a person on private property where the perpetrator has no right to be.
4. Fights with another in a public place except in an amateur or professional contest of athletic skill; or
5. Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or
6. Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm

The City of Alamosa supports peaceful assembly and protest. Violence, threats, and intimidation will not be tolerated and will result in citations for violations of this or any other City of Alamosa ordinance or state statute. By all means, make your opinions known, but be smart about it. A smile and a friendly wave is much more persuasive than the finger. The passerby is not who you’re mad at.