This sign used by SDPD to evict
Occupy San Diego protestors
from under the eaves.
LETTER OF AGENCY ON FILE
WITH S.D. POLICE DEPT.
Concourse / Evan V. Jones Parkade
1265 First Ave. S.D. CA 92101
BUSINESS / PUBLIC ACCESS
MUST LEAVE AFTER REQUEST
52.80.01 (a) SDMC
CANNOT RETURN WITHIN 48 HOURS
52.80.01 (b) SDMC
NO ILLEGAL LODGING
PC 647 (e)
NO URINATING / DEFECATION
NO LOITERING, DRUGS, ALCOHOL,
OR SKATEBOARDING / ROLLERBLADING
If you stand under the overhang at the west end of the plaza, they are calling that loitering. We were told when beginning the first teach in/workshop, where we'd always held it when it was raining or threatened to rain, that we were subject to arrest for loitering if we did not move then on order - and that we were subject to immediate arrest for the next 48 hours after the warning if we returned anywhere under the overhang. Furthermore, they will apply that to any occupier. It follows a pattern of increasing harassment and intimidation of the weekend teach ins, that is always paralleled with increased harassment of the 24-7 occupiers. Today they were also harassed for 'loitering' in the earlier morning hours for escaping the rain a little while under the overhang, and then for using umbrellas which were dubbed by the police as 'structures being erected'. The one arrest this morning was among the 24-7 occupiers who had been talking to the police about their new umbrella rule. It occurred exactly as the first teach in/workshop began, which is also a pattern. It is petty intimidation, and we will not back down.It turns out that the law that is quoted on the sign has an exemption for peaceful political activities. Anyone who takes part in any future teach-ins should print out the information below and show to the police:
§52.80.01 Trespasses upon Privately Operated Business Premises Prohibited (a) No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator or agent thereof. It shall be unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator or agent thereof. (b) It shall be unlawful for any person without the permission of the owner, operator or agent of privately operated business premises which are open to the general public to enter upon such premises within forty–eight (48) hours after having been requested by the owner, operator or agent thereof to leave therefrom pursuant to the provisions of subdivision (a). (c) Exceptions. The provisions of this section shall not apply in any of the following instances: (1) Where their application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provisions of law relating to prohibited discrimination against any person on account of color, race, religion, sex, creed, ancestry or national origin; (2) Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities, or peaceful political activities; (3) Where their application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; (4) Where the person who is upon the privately operated business premises which are open to the general public is present under claim or color of legal right. This exception is applicable to situations wherein public officials are present in the course of their official duties and to situations involving disputes wherein the participants have available to them practical and effective civil remedies such as: marital and post–marital disputes; child custody or visitations disputes; disputes regarding title to or rights in legal property; landlord–tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; business–type disputes such as those between partners; debtor–creditor disputes; and instances wherein the person claims a right to be present pursuant to order, decree or process of a court.also, see http://usff.com/hldl/courtcases/kolendervlawson.html regarding PC 647 (e), the other law cited by the sign, which was found to be unconstitutional.
Since we get new subscribers every day much of the email blast will be the same as the last one. BUT, you can view JUST THE DIFFERENCES if you want to, so you can read it faster.SEND THIS LINK AND TELL OTHERS TO SUBSCRIBE: http://lists.citizensoversight.org/mailman/listinfo/occupysd If you have:
- Go to the web version of the email blast.
- Scroll to the bottom. Click "More Topic Actions"
- Go to the sections "Compare Revisions"
- Compare the current topic ("3" in this one) to 1 (which is the prior day's)
- Click COMPARE.
- This does not show some changes, like images, so you should scan the original email too.
- At the bottom of the original topic, you can view any older version (click the numbers) or comparisons ("<") by clicking on the list. (Doesn't work for our case of comparing one day to the next because there are usually several revisions before the final one, so you have to use the "Compare Revisions" function.