The bright yellow sheet was hidden beneath a pile of nothing papers, and I wouldn’t have found it if I wasn’t in the habit of combing through documents at auction. It was in a cheap black frame with cardboard on the back, and its color and the bold black capitalized word “PROCLAMATION” made it stand out.
I assumed the proclamation – a copy of the formal document – was the usual celebration of some person or organization for doing good work. There wasn’t a date on it, but at the bottom were the signatures of then- Philadelphia Mayor James H.J. Tate and Police Commissioner Frank Rizzo.
Scanning the 8 ½-by-11 sheet, I noticed the words “Fifth day of April, 1968,” and instantly knew that was around the time of the assassination of Dr. Martin Luther King Jr. Then I read the rest of the sentence:
“NOW, This Fifth day of April, 1968, pursuant to the powers vested in me under Section 4-100 of the Philadelphia Home Rule Charter, and Chapter 10-800 of the Philadelphia Code, I hereby declare a limited State of Emergency in the City of Philadelphia.
“All persons in groups of twelve (12) or more are hereby prohibited from gathering or congregating upon public highways or public sidewalks, or in any other outdoor space, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings.”
I realized that this was a proclamation by the city and its police force – most notably Rizzo, who was notorious for his horrid treatment of and attitude toward African Americans – to tamp down any protest regarding the murder of King, as was happening in other parts of the country. This emergency proclamation was effective for five days, and the fine for disobeying it ranged from $100 to $300 or jail time up to 90 days, or both.
King was killed in Memphis on April 4, 1968, and riots erupted in black neighborhoods in 125 cities, including Washington, Baltimore, Pittsburgh, Boston, Nashville and Chicago. These riots came four years after what was dubbed “The Long Hot Summer” when 150 cities saw violence over the festering issues of racism, lack of jobs and adequate housing, and more.
Philadelphia was one of those cities in 1964, and rioting and looting took place on Columbia Avenue in North Philadelphia. The disturbances were sparked by an argument between police officers and a woman whose car had stalled. A crowd gathered, rumors about the incident spread, and trouble ensued. White-owned businesses were looted and burned in three days of rioting. The violence was said to have led to the political ascendancy of Rizzo.
By 1968, Rizzo was as incendiary a figure as the Molotov cocktails thrown into businesses. A brash man who was both loved and hated, he and his police department had an antagonistic relationship with the black community. Feelings were intense, and the local black leadership called for calm and peace.
Rizzo put his officers on 12-hour shifts, barricades were set up and officers wore riot gear. The violence and turmoil in other cities could have easily happened in Philadelphia, but a relationship between leaders of black groups and George Fencl, head of the Civil Disobedience Unit of the Police Department, quelled most of it. These groups told him about upcoming demonstrations, march routes that should be cleared, among other things. He was their shield against Rizzo.
The 1968 proclamation was not the first of its kind issued by the city. The year before, Tate had signed a similar decree because city officials were worried that a riot was imminent. It was issued a month before the mayor was given the power through ordinance to limit the gathering of people in the future to avert a riot. The first proclamation was issued in July 1967, and 100,000 copies of the yellow documents were distributed by police officers throughout the city.
The same distribution system apparently was done for the 1968 decree.
As expected, the proclamation was tested. More than 100 people were arrested during peaceful gatherings at a tree-planting in honor of King, at a congressman’s home to encourage passage of civil rights legislation and on the campus of the University of Pennsylvania to protest the proclamation. In each case, the proclamation was read by police, and people were arrested after refusing to leave.
Three of those arrested filed a lawsuit calling the proclamation unconstitutional because it interfered with their First-Amendment rights of peaceful assembly and speech. They lost in the local court and appealed to the Superior Court of Pennsylvania, where they again lost.
That court in its decision outlined the events of the proclamation and its aftermath, noting that “while no widespread rioting gripped Philadelphia in the 24 hours following the murder, there was a substantial increase in the number of incidents symptomatic of impending riots. The Proclamation was issued as a preventive measure.”
The case made its way to the U.S. Supreme Court, which in 1970 dismissed it.
