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MIC CHECK! -- MIC CHECK!
Sketch of scene in the federal court room
asking for a temporary restraining order
From Left, Asst. City Attorney Kristin Black, Judge Hayes
Attorney Todd Cardiff, Plantiffs Davina Lynch,
Eugene Davidovich and John Kenney
Despite what you might hear on the corporate-owned news:
- The occupation continues, around the clock.
- PLEASE COME DOWN when you can and help with numbers. This is your true vote. Stay at home = vote against 99%.
- Tents and almost everything is now being restricted by the police.
- Food is needed -- we no longer have a food table, so you'll have to play it by ear.
- We will not be denied our constitutional right to assemble and speak!
- Many Teach-ins on Sunday!
(Some corrections are marked below)
Federal court hearing of the TRO (Temporary Restraining Order) regarding Municipal Code 54.0110. Judge Hayes heard the oral arguments at 2:30pm on Tuesday, Nov 22. We must all thank the protestors who attended this court hearing and exhibited excellent courtesy. Here are my comments:
My Interaction with the Police Today
- Court Documents
- Attorney Bryan Pease could not attend in person because he just completed Lasik eye surgery. He attended by telephone but did not participate in the hearing.
- Attorney Todd Cardiff presented the arguments in favor of the restraining order.
- The primary argument is that the law is vague and overly broad, and therefore subject to abuse. It outlaws anything on public property, even a coffee cup, and even if it is for free speech.
- We are talking about the civic center plaza here, which is specifically set aside for free speech.
- Quoted ACLU vs. City of Las Vegas
- Asst City Attorney Kristin Black presented the defense for the City.
- Said TRO is not required, because there is no imminent harm. She said the protests have been continuing with out disruption since Oct 7 and there is no infringement of freedom of speech. If this was a big concern, then this case should have been brought sooner.
- She said that the law was only used when the plaza was cleared, because they did not want the protestors setting up their tents and gear while the square was being cleared. Of course we know this statement was far from being accurate.
- She said they have not "precluded anyone from putting anything down." Maybe, but I know once it is put down, the police will threaten arrest if you don't pick it up.
- Judge said he would consider all the arguments and release a written decision. Normally, these don't take very long.
- If this Temporary Restraining Order is approved, we will return!
- We need video documentation of police hassling people about setting stuff down. If you have such a video, please contact me at email@example.com so I can get it to the right people.
I was hanging around the Civic Center Plaza at about 10am on Wednesday, Nov 23. I noticed SDPD officer Tony Lessa talking with occupier Michael. The officer was asking the occupiers to stop singing because it was disturbing the tenants of the nearby building. After watching the ridiculous overreaching by the SDPD and the lies in court by the City, I jumped into the conversation. "What complaints are you talking about?" He said they had many complaints. "Oh, really, did you get them in writing?" I asked. "Well no," he said "But they complain all the time."
We walked up to the tall office building to the north of the public square, to the Civic Center Plaza building. We talked to Michelle Rouselle, "Manager of Civic Center Plaza," I think the security detail. "Have you had any complaints?" -- "Oh yes many complaints. The sound comes right in the open doors." -- I asked "Well did you ever think of closing the doors? Most businesses don't leave their doors wide open." -- She said "What? Are you trying to force us to close our doors, we should not be required to do that!"
We wound up going up to the office of Cyndi Poes, Assistant Real Estate Manager, who reports directly to the owner. It turns out that the building is owned by a private party and leased mainly to the City for City Attorney and Mayor's offices. What a sweet deal that must be. I asked: "Have you had any complaints for noise?" -- "Not lately, no" she said. Of course Michelle tried to interrupt to say how disruptive the singing was. I said "Well, I think that if you do have any complaints, step #1 should be to close the doors, don't you agree?" -- "Well, yes."
I told her I was intending to write a letter to her to send to her owner on the issue. I also believe that it is impossible, even though the property is privately owned, for them to keep us from peaceful political activity on that private property. It is not City property, so there is no way they can use SDMC 54.0110, and the Pruneyard case speaks clearly that even in a private mall, designed not for public speaking, but for sales of merchandize, they are required to allow people to set up tables and chairs and hand out literature and talk to the public, because malls have largely replaced the public square. But there, they are subject to time, place and manner restrictions. Our club does voter registration at the local mall for a whole weekend every month, right in front of Wal Mart
. In contrast, the "private property" in front of the Civic Center Plaza building is obviously part of the public square. I don't think they would even be able to regulate peaceful political activities using time, place and manner restrictions.
Bottom line is the SDPD is attempting to enforce requests based on assumptions that we are bothering neighbors when in fact no one has complained. They are not enforcing the law, the are going well past that. At this point, they are only trying to make our life miserable, so the pesky problem of Occupy SD will disappear. Even though the square is not filled with 100s of people, I know the people on this list are there in spirit and want this movement to be successful, and are definitely not ready to give up.
- GA notes -- will be sent as a separate email blast, when available.
- Hunger Strike -- John Kenney continues his hunger strike, now in day 14. He is requesting that the City come to the table and discuss the right of Occupy San Diego to conduct protests in the form of an encampment. John is now sick and I am starting to worry about his health. Nancy Casady is no longer on Hunger Strike.
This is a new section and will list a number of things YOU can do right now to help.
2011 Nov 24
- Olbermann Calls For Mayor Bloomberg's Resignation Because Of His Fake Terror Plot
- Federal court o.k.'s citizens' right to film police -- According to a ruling from the federal First Circuit Court of Appeals in Boston, police can not arrest citizens for filming them in the course of their duties because it is a violation of First Amendment rights. The federal court's ruling is the first of its kind and could have major consequences for public safety agencies nationwide.
- 75 Years in Prison For Videotaping Police Wiretapping and eavesdropping laws. The charges were dropped for this particular person, from what I understand.
- SDPD Admits Spending Almost $57,000 Each Day to Patrol Occupy Movement
- San Diego Occupy - SD Police Cost
- Response from UC Regents
- Rep. Deutch Introduces OCCUPIED Constitutional Amendment To Ban Corporate Money In Politics
- UC Davis Pepper-Spray Incident Reveals Weakness Up Top And we are stuck now with this fundamental conflict, whereby most of us are insisting that the law should apply equally to everyone, while the people running this country for years now have been operating according to the completely opposite principle that different people have different rights, and who deserves what protections is a completely subjective matter, determined by those in power, on a case-by-case basis. Not to belabor the point, but the person who commits fraud to obtain food stamps goes to jail, while the banker who commits fraud for a million-dollar bonus does not. Or if you accept aid in the form of Section-8 housing, the state may insist on its right to conduct warrantless "compliance check" searches of your home at any time – but if you take billions in bailout aid, you do not even have to open your books to the taxpayer who is the de facto owner of your company.
- On Friday, November 25th, Occupy Seattle will join Occupy Tacoma, Occupy Bellingham and Occupy Everett in a statewide protest at Wal-Mart in Renton at 2:00pm.
- Religious Leader Organizes Communal Meal At Occupy Protest Site
- Protesters Have the Right to Protest … and to Resist Unlawful Arrest It is every citizen’s duty to resist false arrest. There is no such crime as “resisting arrest.” This is a fictitious crime dreamed up by law enforcement to accuse a citizen of a crime when they refuse to surrender to the illegal demands of the police.
- The U.S. Supreme Court has ruled on numerous occasions that resisting a false arrest is not merely a citizen’s right, but his duty! In fact, the Supreme Court has gone so far as to rule that if a law enforcement officer is killed as a result of actions stemming from a citizen’s attempts to defend themselves against a false arrest, it is the fault of the officer, not the citizen.
- Here’s a short collection of relevant court rulings on false arrest and resisting arrest:
- “When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
- “These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
- “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
- “Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
- Do individuals have the right to come to the aid of another citizens being falsely arrested? You bet they do. As another court case ruled:
- “One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).<
- I believe that violence discredits the entire protest movement. I therefore hope that the protesters remain peaceful, even when confronted with unlawful arrests. However, as David points out, the police have no right to make unlawful arrests in the first place.
- Millionaire Surtax Senator Sanders
- Sonic Youth, tUnE-yArDs, Fugazi, Lou Reed, Talib Kweli Join Occupy Musicians
- PENAL CODE - SECTION 403-420.1
- Fox 5 News video Occupy SD fight heads to federal court
- The use of pepper spay by law enforcement against non-violent protestors has been found to be a violation of of the 4th amendment rights of the protesters in the case of Lundberg v. Humboldt, which is the controlling precedent in the 9th Circuit
- The Use of Pepper Spray On Peaceful Protesters Is Illegal … And Can Seriously Injure Or Kill
- Bush, Blair found guilty of war crimes. “Bush and Blair are found guilty under the same law that applied to the Nazis after the end of the World War II. So, they are international (war) criminals guilty of Nuremberg crimes against peace; and they should be prosecuted by any state in the world that gets a hold of them. We will continue our efforts to bring Bush and Blair to justice and put them in jail,” Francis Boyle, an international law expert and prosecutor, told Press TV.
- The police assault at University of California, Davis It is an indication of the decay of American democracy and the explosive growth of social inequality that the Occupy movement has from the beginning been met with violence. The mass arrests of demonstrators on the Brooklyn Bridge on October 1 have been followed by an increasing crackdown throughout the country. This has included the use of tear gas and plastic bullets in Oakland, which left an Iraq War veteran seriously injured, and the military-style assault to destroy the Occupy Wall Street encampment in Manhattan’s Zuccotti Park. Last weekend, a young protester in Seattle, three months pregnant, had a miscarriage after being struck twice in the stomach before being pepper sprayed by police.
Across the country more than 4,600 people involved in the Occupy protests have been arrested so far. Local governments, advised by the FBI and the Obama administration’s Department of Homeland Security, have coordinated their efforts to crush the movement.
- 100 CUNY Students Attacked by NYPD at the Public Board of Trustee Hearing at Baruch -- You would think they would consider moving the hearing to a larger facility, but as is typically the case, that solution is never on anyone's mind.
- U.S. Sheriffs Rise Up Against Federal Government: Sheriff Threatens Feds With SWAT Team ~ Grass Roots Take Charge!
- Occupy SD benefit concert featuring Liquid Blue and others.
- Debtors' Prison Legal In More Than One-Third Of U.S. States
- Treat Occupy outposts as picket lines, Maryland and DC labor federation saysHere's an interesting way for unions to support the Occupy movement: The Maryland State and District of Columbia AFL-CIO passed a resolution "calling on its members to treat Occupy encampments in the District and Baltimore as they would a formal picket line." The resolution further spells out what that means:
“Protest movements, like strike lines and organizing campaigns do not have curfews and are not 9 to 5 activities,” the resolution states. “And in doing so, we recognize and will work to protect the right for occupiers to protest 24 hours a day, on-site, with proper protection, including food, medical supplies, water and tents.”
- Pepper Spray and Police Abuse - California Civil Rights Lawyers "Pepper spray is often used by law enforcement in cases where a suspect is allegedly resisting arrest (California Penal Code 148(a)(1)). The Los Angeles Police Department came under fire for using pepper spray under these circumstances when cops sprayed a homeless man while he was handcuffed in the backseat of a police cruiser.
- A Report From the Sanitation Building Holding OWS' Stuff: Lost Medical Equipment, Missing Cash Leverette also said he had pit bull puppies at Zuccotti. He claims that they were stomped to death by police during the raid. According to Leverette, the puppies were in a tent when the police came through the park. The police proceeded to rip the tent apart, and the young dogs were not able to survive, Leverette said.
- The Governor of NY: Stop CUNY $300 Annual Tuition Increase
- Occupier continues hunger strike despite inaction by city council
- The First Amendment Upside Down. Why We Must Occupy Democracy
- Naomi Wolf: How to get the cops to protect you
- UCSD Students Mic Check Chancellor Fox -- Aren't we proud of this students that have the guts to stand up to power? You bet!
- How to Get the Cops to Protect You When I was in Zuccotti Park last week I thanked the cops each personally for standing peacefully by while citizens exercised first amendment rights and thought they could not say anything many faces softened, smiled and seemed relieved not to be demonized...it is hard for cops to be put in positions that dehumanize them too and psychologically traumatizing to be forced to act against their morals. This is a war and they are forced into front lines they did not choose. So Occupy, and everyone, be kind to the cops whenever you can please, thank them when they are nonviolent, reach out to them.
- Occupy, Qualified Immunity, and Cell Phone Cameras Qualified immunity is the little black dress in the civil rights defendant’s litigation toolbox. Any answer to either a 42 U.S.C. § 1983 civil rights complaint or a Bivens action will include this go-to defense.
- Faith groups lay out Thanksgiving feast for ‘Occupy’ protesters Protesters from Washington’s two Occupy Wall Street offshoots flocked Wednesday to a church where Abraham Lincoln once worshipped for a Thanksgiving buffet and some robust words of support.
- Exposing Progressive Corporatism Charts that associate government and corporations.
- Interview with Lessig on his book Republic, Lost: How Money Corrupts Congress--and a Plan to Stop. Lawrence Lessig of Harvard University
- Protesters review massive records request City Beat invited Occupy San Diego to City Hall to see what's being said about the movement. In the wake of the mass arrests at Occupy San Diego on Oct. 29, City Beat filed a broad public-records request for all communications regarding the movement sent and received by San Diego City Council offices, the Mayor’s office and the City Attorney’s office.
- Latest developments in the Occupy protests The AP gathered figures from government agencies in 18 cities with active protests and focused on costs through Nov. 15, the day protesters were evicted from New York City's Zuccotti Park, where the protests began Sept. 17 before spreading nationwide. Updates for NYC, California, London, South Carolina
See All Occupy San Diego Announcements
to read all previous announcements about
- Where we meet, how to recover confiscated property from the San Diego Police Department, information for people were arrested, etc.
Unless noted, all events are at "Freedom Square" (the San Diego CivicCenterPlaza
, 1200 3rd Ave. San Diego, Intersection of 3rd Ave. and B St.)
Unless otherwise noted, we meet daily as follows:
- 4 pm -- Finance Committee Meeting, Downtown Johnny Brown's, Mon. thru Friday
- Each committee should send a representative to this meeting! Budget is currently being defined.
- 5:30 pm -- Committee meetings -- many meet at the "big circle" (the part of the plaza where there's map of San Diego in a big circle) with very few exceptions.
- 7pm -- General Assembly (Civic Center Plaza)
CALENDAR OF EVENTS
Warning: Can't find named section OccupySanDiegoEmailBlast2011Nov24 in topic Occupy.OccupySanDiegoEvents
Occupy San Diego & Imperial County (Visit each site and "Like" it)
- Occupy North County
- Regular Events: Saturdays, Highway 101 & Encinitas Blvd, starting at noon.
- 12:00 PM - Teach in, orientation and committee meetings
- 1:00 PM- RALLY
- 2:00 PM - General Assembly
- Occupy Oceanside
- Occupy Escondido
- Organizing & they are talking about occupying soon. They meet twice a week for now, but the days and times change.
- They want more input on the next meeting on their FB page
- Occupy Mira Mesa
- Occupy Mission Bay
- Occupy Imperial County
- Women Occupy San Diego
- Occupy Chula Vista
- Occupy San Diego SDSU
- Occupy Mesa College
- People's Assembly at UCSD (in solidarity with Occupy Wall St.)
- Occupy Cal State San Marcos (CSUSM)
- Occupy Together
- Interoccupy Group Consensus Proposal -- proposes a mechanism for accepting proposals for processing so as to reach global consensus.
- National Occupy Conference Calls: There are weekly conference calls between Occupy sites. We need reps from appropriate committees to join in the conference call. Unfortunately, it is Monday at 7pm, our GA time.
LINKS AND REFERENCES
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.
- 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.
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THANK YOU FOR BEING INVOLVED.
Edited by Ray Lutz with help from Email Blast Team.