In the state of Washington, public protests and demonstrations are a frequent expression of free speech and civic engagement. However, when these gatherings cross the line into unlawful conduct or create a threat to public safety, law enforcement has the authority to intervene. One such legal measure is codified under the Revised Code of Washington (RCW), specifically addressing the charge of ‘Failure to Disperse.’ This offense arises when individuals refuse to leave a public area after being lawfully ordered to disperse. Understanding the RCW Failure to Disperse statute is crucial for residents, protestors, legal professionals, and anyone involved in public assembly rights within Washington state.
Legal Definition Under RCW
RCW 9A.84.020 – Failure to Disperse
Under RCW 9A.84.020, the law defines Failure to Disperse as a misdemeanor offense that occurs when a person, at the scene of a riot or when a riot is imminent, knowingly fails or refuses to obey an order to disperse issued by a peace officer or other public official. The law is designed to protect public safety and prevent escalation of violence or destruction of property.
Specifically, the statute states:
- A person is guilty if they congregate with a group and there is a risk of tumultuous and violent conduct likely to cause serious public alarm.
- They must have been ordered to disperse by an authorized official.
- Refusal to obey that order leads to criminal liability.
Elements of the Offense
To convict someone under RCW 9A.84.020, prosecutors must prove several key elements beyond a reasonable doubt:
- The defendant was part of a public gathering or group.
- The group’s actions presented a risk of a riot or had already become disorderly.
- A law enforcement officer issued a clear and lawful order to disperse.
- The defendant knowingly refused or failed to comply with the dispersal order.
Each of these elements must be clearly established in court for a successful prosecution.
Penalties and Legal Consequences
Failure to Disperse under Washington law is classified as a misdemeanor. If convicted, an individual may face:
- Up to 90 days in jail
- A fine of up to $1,000
- Probation or community service
Additionally, the conviction becomes part of the individual’s criminal record, which can have implications for employment, travel, housing, and future legal proceedings.
Defenses to a Failure to Disperse Charge
There are several defenses that an experienced criminal defense attorney might use to challenge a Failure to Disperse charge:
Lack of a Clear Order
If the dispersal order was not communicated clearly or if the defendant did not hear it, they may argue that they were unaware of the directive to disperse.
Violation of Constitutional Rights
Individuals have a constitutional right to peaceably assemble. If the gathering was nonviolent and lawful, it might be possible to argue that the dispersal order violated First Amendment rights.
No Imminent Threat
If there was no reasonable threat of riot or public alarm, the justification for the dispersal order itself could be challenged.
Impact on Civil Liberties
Critics of RCW 9A.84.020 argue that the statute can be used to suppress lawful protests, especially in politically charged situations. The broad interpretation of what constitutes an imminent risk of riot may lead to premature or unnecessary dispersal orders. Civil rights groups have voiced concerns that this law, if applied too broadly, can infringe on rights guaranteed by the First Amendment.
Case Examples and Applications
In recent years, there have been several high-profile cases where the Failure to Disperse statute was used during protests related to racial justice, labor disputes, or government policies. These events highlight the balance between maintaining public order and upholding democratic freedoms.
- During the 2020 protests following the death of George Floyd, several individuals in Seattle were charged under RCW 9A.84.020.
- In some instances, the charges were later dropped due to insufficient evidence or concerns over selective enforcement.
Role of Law Enforcement
Police officers have wide discretion when deciding whether a dispersal order is necessary. They must assess the behavior of the crowd, the potential for violence, and the ability to safely manage the situation. Typically, before issuing a dispersal order, officers will announce their presence, declare the assembly unlawful if appropriate, and give individuals a clear path and time frame to leave the area.
Proper Protocol
To ensure the legality of a dispersal order, law enforcement must:
- Use loudspeakers or megaphones to issue the order
- Provide specific instructions on where to go
- Allow reasonable time for compliance
Advice for Protesters
Anyone participating in a demonstration should be aware of their rights and the risks associated with failure to comply with a dispersal order. Here are a few practical tips for staying safe and avoiding criminal charges:
- Remain peaceful and follow instructions from law enforcement
- Know the laws governing public assembly in your area
- Leave the area immediately if a dispersal order is issued
- Record interactions if safe and legal to do so
- Have legal assistance or emergency contacts ready
Expungement and Record Clearance
Because Failure to Disperse is a misdemeanor, it may be eligible for expungement under Washington law after a certain period, provided the person has no further criminal convictions. Expungement can help clear the individual’s record, improving job prospects and restoring civil rights.
RCW Failure to Disperse is a complex but important aspect of Washington’s legal framework surrounding public safety and protest rights. While it serves to maintain order and prevent chaos during large gatherings, it must be applied carefully to avoid violating constitutional liberties. Understanding the law, its enforcement, and potential consequences is essential for anyone involved in public demonstrations or interested in criminal justice reform. Whether you are a protestor, legal advocate, or concerned citizen, knowing your rights and obligations under RCW 9A.84.020 helps ensure that civic engagement remains both impactful and lawful.