I did a news search to see if there was any more discussion about this issue, and lo and behold there was an
article from Virginia, and it referenced a YouTube
video.
Comparing the footage from that video with the aerial photo of the school I linked to in post #24, it appears that the protesters were indeed on a sidewalk along the street. The sidewalk is on the west side of the building facing the projects across 3rd St. N.
As for the content of the video, I think there were incorrect statements by both the police and the protesters. One protester said that if taxpayers paid for the sidewalk, that they had a right to be there. First off, not all public schools are financially distinct from their municipality. It may well be that in Birmingham, the city is responsible for most of the school budget, so sidewalks at schools may simply be a line item in the city budget, just as neighborhood sidewalks are - so who paid for the sidewalk is a poor test of whether it’s public or not. Second, as previously mentioned, there may be local regulations limiting size or location of demonstrations (sadly, couldn’t find anything online).
The police stated that the sidewalk is school property and not public property, or at least not public property “right now.” That’s silly, there was no real estate transaction where the property was transferred to the school during the previous couple of hours. Rather, it remains public property, but it’s possible that the right of the public to demonstrate there may be limited during certain hours to prevent a disturbance. Whether there is actually any disturbance isn’t at issue, but it would be legitimate to deny a protest permit on that sidewalk during those hours because of the risk of a disturbance. Such a denial could be contested, but these protesters did not have a chance to defend their ability to protest at that location without causing a disturbance - because they never applied for a permit. The police asked them to move across the street - in my opinion there would not be any difference in the legality of a protest on the other side of the road - but the police were hoping to avoid the chore of arresting these protesters, suspecting the problem of an unhappy principal would go away if the protesters weren’t right next to the school, and they could avoid the chore of multiple arrests.
I don’t put much stock in the state loitering law cited by
Walden being a legit tool for this particular case - it seems to be directed more specifically at school property, and I think it’s a stretch to rope a public sidewalk into its meaning.