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Occupy Update!



THANKSGIVING not too happy thanks to early morning raid by SDPD, arresting three individuals.
Early this morning, Thanksgiving Day, the San Diego Police arrested three individuals around 2 AM. The first, a disabled man who uses a wheelchair, was arrested for "indecent exposure" after urinating in a bottle. The second two for sleeping in public. Essentially, all three were arrested for the crime of being poor and homeless. But as has become clear, this is selective enforcement. Throughout the city of San Diego, these "crimes" are committed. However, they are only enforced in the Civic Center Plaza. They are only enforced where the homeless have become politically active, as part of the nationwide Occupy Wall Street movement. This has become abundantly clear to me as I have regularly spent time at the Civic Center Plaza since the original Occupation on October 8th. It is truly shameful that Mayor Jerry Sanders is directing this, that Police Chief Lansdowne allows his police force to be misused for political repression, and our City Council stands by passively and allows it to continue.
  • This was a heartless and despicable act by the SDPD on Thanksgiving morning. I believe they use these arbitrary arrests in a little game the police are trying to play called, "you do what we want, and we won't engage in arbitrary arrests." Frankly, the concept that the police can just arbitrarily arrest someone for the "crime" of sleeping, must be stopped. Sleeping is not a crime.

  • Lori Saldana, former state Assembly member (and candidate for Congress) has announced that she will work with us to get an investigation and hearing by state officials (hopefully) here in San Diego regarding the rampant abuse and infringement of our constitutional rights, as described above. Intense scrutiny has been given to actions at UC Davis, but the despicable actions of the SDPD far exceed anything done there, but so far has been given the blind eye by officials.
    • Ray Lutz will be setting up a new petition to gather signatures in support of the hearings.
    • Suggest that a press release calling for the investigation and hearing, linking to the petition and detailing many of the abuses, should go out on Monday.

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! <== click here to see the rest of the report.

Court Hearing
(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:
  • 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 so I can get it to the right people.

  • GA notes -- will be sent as a separate email blast, when available.

  • Hunger Strike -- John Kenney continues his hunger strike, now in day 15. 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 25

  • NBS video regarding OSD protest and Municipal Code San Diego police cleared the tents here in Civic Center Plaza in October, but it wasn't without arrests or confrontation. But why? What's the law? - Discussion about homeless at the Navy Broadway complex camping and shelters.

  • Thousands of N.J. police officers, firefighters protest at Statehouse over potential benefits cuts March 04, 2011. 6,500 police and firefighters descended on the Statehouse... Police and firefighters said they’ve been hamstrung by layoffs in the last year, and warned they would retaliate on election day if the government cut into their benefits and pensions outside the bargaining table.
    Union leaders and Democratic lawmakers took turns blasting Christie, saying public safety workers are being unfairly blamed for problems caused by bankers and CEOs.
    (Wait a minute! Isn't that one of the reasons OWS is protesting?!)

  • OWS Participants - Your Rights Under Federal Law if You are Pepper Sprayed & Why You Should Sue Federal law, 42 United States Code Section 1983
    § 1983. Civil action for deprivation of rights
    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

  • Occupy L.A. protesters brace for eviction next weekLA protesters were warned on Wednesday they face certain eviction from their City Hall campground next week after talks on a voluntary relocation deal collapsed, their representatives said.
    Teddy Davis, a spokesman for Villaraigosa, said no formal deal like the one described by Lafferty (Attorney for Occupy LA) had been extended.
    "There has been some mischaracterization about what they were offered," Davis said. "There has just been sort of ongoing discussions." Asked if he meant that there was never a formal offer made, Davis replied: "Exactly."
    Lafferty accused the city of wavering in its negotiations.


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)


Warning: Can't find named section OccupySanDiegoEmailBlast2011Nov25 in topic Occupy.OccupySanDiegoEvents

Occupy San Diego & Imperial County (Visit each site and "Like" it)

National Coordination

User's Tip

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.
  1. Go to the web version of the email blast.
  2. Scroll to the bottom. Click "More Topic Actions"
  3. Go to the sections "Compare Revisions"
  4. Compare the current topic ("3" in this one) to 1 (which is the prior day's)
  5. 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.


If you have:
  • lists of emails that should be subscribed
  • events or notices that should be included
  • needs or wants to request from our supporters
  • specific requests for volunteers
SEND TO: (Media Committee Member)
and we'll work to get that information included in this daily update.

DISCLAIMER! Although we will do our best to make sure this list of events is accurate, changes may occur frequently! Please check your email daily to make sure and also the various web sites.


Edited by Ray Lutz with help from Email Blast Team.

Topic revision: r5 - 2018-03-19, RaymondLutz
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