Occupy the Bill of Rights

CityWatch, Nov 22, 2011
Vol 9 Issue 93

RETHINKING LA - The Bill of Rights took a beating over the last several days, serving as a reminder that the rights we take for granted are the rights that go missing when we need them the most.

The most recent assault on the 1st and 4th Amendments came at the hands of University of California campus police as they responded to peaceful students sitting with their arms locked and heads bowed on the quad of the Davis campus.

Captured on video that has gone around the world over the weekend, the Lieutenant in charge of the UC Davis Campus Police riot detail stepped forward and held up a can of pepper spray, then proceeded to calmly spray the faces of the passive students, walking down the row of students with the professional demeanor of an exterminator spraying bugs.

The students who witnessed the pepper spray assault began to chant “Shame on you!” while maintaining their distance.

The video is disturbing to watch as the imbalance of power unfolds and riot police use pepper spray to “coerce” passive students who are sitting on the ground. Then an amazing thing happens, the witnesses begin to chant “Shame on you!” to the riot police who find themselves with no plausible opponent. Their power fails them.

As the police shuffle backwards, the witnesses conduct a “mic check” relay and echo the words of a speaker who announces “You can go!” The Lt. in charge stands with red cans of pepper spray in both hands, backed up by riot police with crowd control shotguns, and as the students give them permission to put down their weapons and leave, the riot police back up and depart.

The outrage was immediate yet the UC Davis Chief of Police, Annette Spicuzza, told the Sacramento Bee that police used the pepper spray after they were surrounded. “There was no way out of that circle,' Ms Spicuzza said. 'They were cutting the officers off from their support. It's a very volatile situation.”

Chief Spicuzza’s recount of the incident was immediately contradicted by the video. She has since been put on administrative leave pending an investigation, along with the two UC Davis police officers who were captured on video pepper spraying the passive students.

UC Davis Chancellor Linda Katehi reportedly ordered the campus police to remove approximately a dozen tents that had been erected on Thursday in support of the Occupy movement and in protest of the heavy handed police treatment at other Occupy encampments.

Outrage over Katehi’s handling of the Occupy UC Davis camp resulted in calls for her resignation but none as powerful as the silent treatment that she received from hundreds of Davis students who simply sat quietly along the sidewalk as she walked to her car after a press conference.

The police action included riot police from other UC campuses as well as the City of Davis which begs the question, “Where on earth would students express themselves if not on the quad of their University?”

It also begs the question, “Who is training the riot police who operate on college campuses as if the schools are sovereign nations outside the law?”

The United States Court of Appeals, Ninth Circuit, ruled in 2002 that the use of pepper spray on nonviolent passive protesters was plainly in excess of the force necessary under the circumstances, and no reasonable officer could have concluded otherwise.

Apparently Chancellor Katehi had no “reasonable officers” at her disposal.

The United State Court of Appeals, Ninth Circuit, ruled in 2011 that the use of pepper spray and baton on a person who did not present a safety threat or flight risk was excessive under the 4th Amendment.

In both cases, the court held that the law enforcement officers were not entitled to “qualified immunity” because their conduct was unconstitutional.

The State of California is the employer of record for the UC Davis Police Department which makes everybody in California responsible for speaking up, not just as spectators or witnesses, but as the owners of the asset that these officers are charged with protecting.

The incident map for UC Davis indicates that the most common crime on campus is “bike theft” with “petty theft” running a close second. It is against this Mayberry background that the University of California as a whole must justify the presence of riot police on its campuses throughout the state.

Five years ago, the University of California paid out $220,000 to a student who was the victim of a Taser attack that was also captured on a cell phone in a video that went viral.

The UCLA police officer responsible for the Taser attack had previously shot and wounded a homeless man in a campus building, choked a man with his baton in front of a Fraternity house, been suspended from the UCLA police force and fired from the Long Beach Police Force.

Lest anyone think that the University of California is operating a simple security service, it should be noted that the UC Police starting salary is $65,556 while the LAPD starting salary is $48,462.

The UC Davis riot police actually get paid 35% more than the LAPD for a duty that typically consists of providing a uniformed presence on campus with occasional bike theft investigations, “elevator phone check” patrols and other community policing duty.

Calls to the City of Davis Police Department were met with immediate instructions to call the UC Davis Police Department, in spite of repeated requests to file a police crime report. Sgt. Frank Penedoro was quite specific in his refusal to accept a criminal complaint against the UC Davis officer responsible for the pepper spray assault.

The deferential treatment given to campus police is not unique to the small town of Davis and is actually quite common. For example, the LAPD has a memorandum of understanding with the campus police at USC that includes a division of duties and authorizes the USC campus police to respond to crimes in the surrounding community.

UCLA has a student, staff and employee population of 75,000 which means that the UCLA campus police are responsible for 25% more people than the City of Davis.

The University of California Police Force is not a small town force but is actually well-funded in contrast to the surrounding police departments. It also operates with inappropriate autonomy as is evidenced by the City of Davis Police Department’s refusal to respond to a report of a crime committed by a UC Davis police officer.

The same request to report a crime was rejected by the UC Davis PD Watch Commander, Sgt. Beerman, who simply repeated “I’m not going to take a criminal complaint.”

The people of California should be outraged that the Lt. responsible for the pepper spray attack had a base salary of $116,454 last year while the cost of attending the University of California has more than doubled since 2005.

The UC Regents recently voted to approve tuition increases of 18% over last year’s rate due to a budget crisis but they contradicted that austerity commitment by approving large pay raises for University executives.

Our communities and schools are occupied by uniformed police departments that operate with autonomy, independently of local municipal oversight, and with riot gear that collects dust and provides overpaid and underchallenged officers with an incentive to “protect” themselves from peaceful demonstrators who simply exercise their 1st Amendment rights.

It is imperative that the people of Los Angeles take this opportunity to advise the City of LA on the appropriate procedures for honoring the 1st and 4th Amendment rights of the protesters who are part of Occupy LA.

The City of LA has a very expensive track record when it comes to handling protests. The City of LA paid out millions of dollars after the Democratic Convention when the LAPD was charged with “an orchestrated police riot.”

More recently, the LAPD came under attack for the “May Day Mêlée” which resulted in charges of excessive force from victims that included a National Lawyer's Guild observer and members of the press. The LAPD settlement was reported to cost $13 million.

Since then, the LAPD has earned accolades for its commitment to community policing and for its unique approach to the Occupy LA movement that includes passive observation and unobtrusive presence.

This peaceful occupation of City Hall should not be taken for granted.

It is imperative that the people of Los Angeles speak clearly and loudly to the Mayor, the City Council, and the Police Chief if they want the City of Los Angeles to fully support the 1st and 4th Amendment rights of those who petition their government, of those who protest, and of those who embrace peace while speaking out against injustice.

It was just last year that a city employee sat before the City Council and explained “the City of LA has no purview over the 1st and 4th Amendments, these are federal issues.” Not one member of the City Council said “Wait a minute...” Instead, this misinformation was allowed to stand unchallenged and a resolution in support of 1st and 4th Amendment rights was rejected.

The irony here is that even poll workers in Los Angeles are required to take a Loyalty Oath, committing to support and defend the Constitution of the United States of America and the Constitution of the State of California.

It is imperative that the people of Los Angeles take time from their busy schedules to pay attention for just long enough to remind the Mayor, the City Council, and the Chief of Police of their sworn oath of office and to let them know that in Los Angeles, we fully expect them to honor the Bill of Rights and to protect the people who exercise their constitutional rights.

(Stephen Box is a grassroots advocate and writes for CityWatch. He can be reached at: Stephen@thirdeyecreative.net .) Graphic credit: punditkitchen.com

If Occupy LA Occupied City Hall

CityWatch, Oct 7, 2011
Vol 9 Issue 80

RETHINKING LA - The Occupy Wall Street movement has gone viral, spreading across the country as people of all walks gather in their respective cities to protest corporate greed, social inequity, corporate personhood, and a host of other issues that reflect the spectrum of discontent with the status quo.

Occupy LA is approaching the end of its first week on the north lawn of LA’s City Hall and in that short time they have incurred the wrath of the most deadly of movement enemies, benign neglect.

Protesters in New York have been pepper sprayed, arrested, and restricted by ordinance from using amplified sound while Occupy LA has competed with the trial of Michael Jackson’s doctor for media coverage.

Protesters in Seattle have braved the chilly weather without tents, shivering in the cold rain as the police confiscated their supplies and arrested those who resisted the ban on blankets, sleeping bags, and “lounging” behavior.

Protesters in Los Angeles have been quietly accommodated by law enforcement, cheerily visited by City Hall staff, welcomed into Council Chambers, and gifted with a City Council Resolution of Passive Support that memorializes the many issues that prompt Occupy LA to exert their 1st Amendment rights.

City Council President Garcetti was joined by Councilmembers Alarcon and Rosendahl in a brief tour of the Occupy LA camp, an expedition that was prompted by earlier public comments in City Council pointing out the contrast between the theoretical debate on the council floor and the reality on the streets.

To their credit, they came, they saw, and they postured.

(Note: The LA Council will consider a Resolution of Support for Occupy LA on Tuesday, authored by Alarcon and Rosendahl.)

As for the residual impact on Occupy LA, they still move their tents from the lawn to the sidewalk each night in deference to the Los Angeles Municipal Code restriction on camping in city parks, a classification that applies to the lawns surrounding City Hall.

LA’s City Council is missing out on a big opportunity by not embracing Occupy LA and bringing them inside, after all, there is so much City Hall could learn from the movement. Typically, the twin enemies of a protest are limited resources and resistance, challenges that either crush a movement or refine it into an effective organization.

City Hall could take a lesson from Occupy LA in the following areas:

Media - Occupy LA established a Media tent on the north lawn and the events are livestreamed via internet, allowing viewers to interact at all hours with each other and with members of Occupy LA.

The ongoing narrative and dialogue is complemented by the full spectrum of social media and dissemination of content is comprehensive. Contrast this with City Hall’s continued reliance on physical posting of notices in a city of 485 square miles and the gap between what Occupy LA has done in less than a week and what City Hall fumbles on a regular basis.

Education - Within days, Occupy LA had structured classes on the issues so that participants could move beyond experiences and slogans and into the substance of the agenda, whether economic, legal, environmental, social, or strategic. The open air classrooms offer proponents the opportunity to clarify their message and audience members an opportunity to engage in dialogue. Contrast this with City Hall and the ongoing confusion that reigns supreme on issues that include the budget, water & power, transportation, infrastructure, code enforcement, public safety, and the delivery of city services.

Communication - New York authorities have enforced a ban on amplified sound under threat of 30 day jail terms so the Occupy Wall Street protesters rose to the challenge by employing the human microphone. A speaker yells “mic check” and the crowd repeats the words, the speaker continues and the crowd repeats the words, resulting in a public address system that is creative, participatory, effective, and triumphant, a small victory that edifies as well as ensures an attentive audience.

Contrast this with City Hall and the degrading experience of public comment before an inattentive City Council that endures commentary as a necessary evil.

Healthcare - It’s not an afterthought or a response to a crisis, it’s a basic human need. Occupy LA has it covered and that includes the range of elements that contribute to health including shelter from the elements, sanitation and bathroom facilities, wash stations, good nutrition, and social needs.

Occupy LA has it all while the City of LA still acts as if it deserves a commendation from the United Nations for placing portable toilets on the streets and allowing homeless to sleep on sidewalks. (but not in cars, that’s prohibited by LAMC 85.02)

Public Participation - At Occupy LA, if you show up, you’re a member. If you speak up, you will be heard. The General Assembly meets every evening and the proceedings are broadcast via internet, allowing for commentary from the viewing audience.

Contrast this with the City Council’s ongoing debate over neighborhood councils, the definition of a stakeholder, the rules and regulations for participation, ethics training, and vetting and it’s evident, Occupy LA could teach City Hall a thing or two about engaging the public, treating them with respect, and creating a rewarding experience.

Funding - Within hours of establishing an online presence, Occupy LA had created a funding strategy that included several mechanisms for participation, from establishing a mailing address so that supplies could be shipped to a downtown location, to runners who would pick up donations, to online contributions of money, to organized and scheduled deliveries that ensure consistent support.

Contrast that with the City of LA’s inability to process permit fees by phone or online or in person unless you’re willing to trek downtown on a Friday and wait in line. Hands down, Occupy LA could teach City Hall a thing or two about how to handle money.

Food - Occupy LA addresses the problem of limited resources by seeking out solutions that have more than one application. Even the delivery of pizza goes beyond simple immediate sustenance and provides diners with more cardboard for signage. Creating signs turns into an art project for kids who are learning silkscreening, all of which turns the lawn into gallery space.

Contrast this with City Hall’s contempt for the public as they engage in marathon sessions with no concern for the public’s need for sustenance, all as the Council enjoys catered lunches in Council Chambers while the public sits under “no food or beverage” signs.

Security - Occupy LA is aware of the potential for disorder and it responds to the opportunity by creating order that prevents problems, not by displaying force but by giving respect, lots of respect. City Hall keeps the front doors locked and does more to create a “fortress mentality” than the State Capitol, clearly articulating that the people of LA are not to be trusted. Occupy LA has strategies for diffusing tension and avoiding disorder, without resorting to force. The techniques work and the LAPD is responding with similar strategies of non-resistance.

Urban Planning - The Occupy LA microcosm demonstrates a sensitivity to the many elements of a “whole community” including great public space for gathering, protected areas for childcare, pockets for the different elements of the human experience including arts and culture, political dialogue, education, supplies, foodservice, active zones and passive zones, all of which communicate respect for the human experience. Contrast this with the cavalier approach of City Hall where the people of LA are treated as a burden that has the audacity to demand facilities that work, a budget that is balanced, and the delivery of city services.

Occupy LA has accomplished a great deal in less than a week, demonstrating that they have admirable organizational skills and a knack for herding cats that is the essence of a successful movement.

At the same time, they have been criticized for not having a cohesive platform as if the ability to raise an alarm is limited to those who also posses the solution. This is like requiring all medical patients to know the cure before they can complain of the symptom or that all malpractice suits be limited to victims who have medical degrees. Occupy LA is on the right track, they’ve raised the alarm, and the murmur of dissatisfaction is gathering momentum.

Another criticism leveled at Occupy LA is that the numbers aren’t inspiring, as if there is a threshold for validity that comes with participation. The only problem with this is that it is not historical, all movements start off in bits and pieces, some fail and some gather steam, but they all start somewhere.

In hindsight, there will be great debate over the tipping point, the moment at which a complaint resonated and turned into a demand, the place at which a simple campsite turned into the beginning of a journey, the point at which people looked to the left and to the right and realized that there was significant common ground and it was littered with broken promises and squandered potential.

The most significant criticism comes from the pragmatists on the sidelines who contend that Occupy LA will fail because the participants haven’t suffered enough and haven’t encountered significant oppression.

Apparently, the naysayers feel that righteous indignation is insufficient fuel for a call to action, a position that does more to justify their lack of action than to condemn Occupy LA, leaving them on the sidelines as part of the problem, not the solution.

To contend that Occupy LA deserves a place in City Hall simply because they get sleeping bags shipped overnight, pizza delivered regularly, and keep the toilet paper stocked is overly-simplistic. Running the largest City in the most populated State in the most powerful Country in the world takes much, much more. It takes leadership and a willingness to stand up.

That’s where Occupy LA comes through, with a clear voice of contempt for the status quo, demonstrating the individual leadership that is coalescing into collective leadership, willing to stand up and scream

(Stephen Box is a grassroots advocate and writes for CityWatch. He can be reached at: Stephen@thirdeyecreative.net .)