Rose

I.

FACTUAL AND

PROCEDURAL HISTORY

In late November 2011, the City of Oakland issued a permit authorizing a teepee vigil on the plaza. The vigil was closely associated with Occupy Oakland, a protest movement. The permit authorized placing a teepee on the plaza, but it also prohibited a variety of activities, such as serving food and storing items. The permit was renewed a number of times over the next month, and it was in effect on December 30, 2011. While in the plaza around 11:30 a.m. on December 30, Captain Jeffrey Israel noticed that various items, including bedding, clothing, coolers, and chairs, were blocking the walkways. He spoke to Naomi Reagan, a person associated with the vigil. Acting on directions from the chief of police, Captain Israel informed Reagan that all items not allowed by the permit had to be removed by 2:00 p.m. that day. Reagan asked for more time to comply, but Captain Israel insisted that the items had to be gone by 2:00 p.m. After overhearing the conversation between Reagan and Captain Israel, a group of men, including Rose, yelled at Captain Israel and approached him aggressively. Captain Israel left, and the men eventually stopped shouting. Around…