John €. Tilley Secretary Matthew G Hern KENTUCKY STATE POLICE — 919 Versailles Road Ss Frankfort, Kentucky 40601 ae www. kentuckystatepolice.org dune 8, 2018 Representative Scott and Representative Brown: Thank you for reaching out to me and requesting clarification of the events surrounding the Poor People's Campaign's protest at the Capitol The protocol of limiting members of a protest group to two at a time was made based upon crowd control training and experience of those law enforcement officers tasked with the health and safety of the public and employees who work at the Capitol as well as security of the Capitol Building. The protocol was not enacted arbitrarily or because of the mission of the Poor's People’s Campaign or the content of their message. It was entirely based upon prior unlawful acts by the protestors as well as information provided by KSP’s Criminal Intelligence Branch regarding the protesters’ intent to commit criminal acts by refusing to leave the Capitol once inside. ‘On May 14, 2018, Post 12 received a call of a riot. When Troopers arrived, approximately 30 protesters affiliated with the Poor People's Campaign were standing in the road between the Capitol and the Annex blocking traffic. They specifically told Facility Securities Officers that they were ready to go to jail. Rather than arrest them, Troopers diverted traffic to allow their protest to continue. ‘On May 21, 2018, KSP learned that protesters affiliated with the Poor People's ‘Campaign were at the Capitol with the stated agenda to get arrested. In fact, these Protestors wore white armbands with their attorneys’ information. KSP and other agencies took steps to ensure that the protesters’ rights were not infringed upon. 17 members of the Poor People's Campaign remained in the Capitol after regular business hours, refused to leave, and tampered with property inside the historic building that is the Capitol. Rather than arrest these 17 individuals for criminal trespassing, KSP brought in extra Troopers and Facility Security Officers to provide around the clock security to the Capitol while the protestors remained. This created a financial burden upon the state as well as a manpower issue that prevented Troopers from performing their normal duties of public and highway safety to be detailed in a security role. But thankfully, no one was arrested.Page Two Representative Scott and Representative Brown dune 8, 2018 On May 29, 2018, several protestors from this same group crossed the fence and entered the restricted area surrounding the Governor's mansion. They drew images in chalk on the porch of the Governor's Mansion and on the sidewalk. These actions met the criteria of criminal trespassing. Despite this, protesters were allowed to remain, exercised their rights and were not arrested. Following this event, several interested agencies met to discuss future protocol on how to best maintain public safety and building security while ensuring that the First Amendment rights of the protesters were not compromised Although KSP was able to refrain from mass arrests, the repeated actions of criminal trespass and purposeful indifference to the rules demonstrates the group's willingness to disregard the law and its desire to compel authorities to arrest individuals within the group. KSP has made all reasonable efforts to avoid arrest of peaceful, although illegal, actions made by protestors and still make accommodations for the exercising of their rights guaranteed by the First Amendment. On June 4, 2018, at 3:30 p.m. the group lined up to make entry as a group into the Capitol. They had a permit to peacefully assemble outside behind the Capitol. Portable toilets were ordered at the expense of the state to accommodate them. However, this group had not obtained a permit to protest inside the Capitol; therefore, they were declined entry as a protesting organization. Included were thase clearly self-identified members willing to engage in criminal activity because they stated to KSP Troopers they wanted to be arrested. Until this point, KSP had again been as accommodating as possible by allowing members of the group into the Capitol in a manner that would maintain safety and security to the building, protestors, and those working in the Capitol. In order to defuse a situation of danger to public safety and building security that seems to be escalating each week, while still making objectively reasonable accommodations to those exercising their First Amendment Rights, the protestors were reasonably testricted to entering two people at a time to allow them inside the Capitol to protest This protocol was based on training and experience, and it enabled security to maintain @ manageable number of protestors so that after closing hours the Capitol may be secured without the need for arrests or a reallocation of already limited manpower In regards to questions of other groups, guests, or activities at the Capital, this promulgated security measure was enacted for such a group that has advertised, planned, and trained to compel law enforcement to arrest them. This protocol would not be applicable to guests or other demonstrators who pian to make their voices heard at the Capitol and then leave after following all laws and regulations.Please feel free to contact us with any additional questions or concems. Sinserely, LM Bonde — Richard W. Sanders Commissioner Kentucky State Police 919 Versailles Road Frankfort, Kentucky 40601 cc: Attorney General Andy Beshear Office of the Attomey General 700 Capitol Avenue, Suite 118 Frankfort, Kentucky 40601 Secretary of State Allison Lundergan Grimes Kentucky Secretary of State 700 Capitol Avenue, Suite 152 Frankfort, Kentucky 40601