On June 24th, 2020, a handful of people were gathered at Niagara Square as part of a multi-day peaceful protest in response to police brutality. While exercising their First Amendment right to peacefully assemble, Buffalo police officers arrived at Niagara Square around 2:00 am and began unlawfully arresting the protestors.

Outcome

Each protestor was charged with violations of two City of Buffalo ordinances, laws or regulations, section 309-15[A], sleeping in "any park or park approach," and 309-25[A], remaining in a park, playground, or public school ground beyond open hours, a non-criminal offense punishable as a "Class C fine in the amount of $52.50."

Niagara Square is neither a "park," "park approach," "playground," nor a "public school ground" as defined in the Buffalo City Code, such that the sections 309-15[A] and 309-25[A] would apply to the protestors and prohibit their otherwise protected right of assembly at Niagara Square. Subsequently, in Buffalo City Court, all charges were dismissed for facial insufficiency.

The case was settled for $31,5000.

According to Buffalo News, forty-seven out of fifty-seven arrests made during George Floyd / BLM protests in the summer of 2020 were either dismissed or "given adjournments" and were considered for dismissal. Very few went all the way through court proceedings.