Showing posts with label Civil Rights Abuses. Show all posts
Showing posts with label Civil Rights Abuses. Show all posts

Saturday, January 7, 2012

'It's All Political': Eviction and Arrests of Global Revolution Livestreamers Part of Pattern of Crackdowns on Alternative Living | | AlterNet

Released from jail after their arrest at a Brooklyn collective living space, livestreamers affiliated with Occupy Wall Street tell their stories.

A sign in Foley Square, November 17th 2011 Photo by Sarah Seltzer
Photo Credit: Sarah Seltzer
"It's all political," said Jai, one of the Global Revolution livestreamers arrested in the eviction Monday, January 2nd, of the 13 Thames collective art space that was housing the Occupy Wall Street-affiliated media crew.
After he was released from prison Wednesday night, Jai told AlterNet, "The fact is, I'm homeless now."
Global Revolution is the international network for the independent media from Occupy movements across the globe. While the eviction and arrests could have been another tactic to target and silence Occupy media, another possibility looms: Before Global Revolution, before Occupy, 13 Thames was a communal home in Bushwick, Brooklyn with a punk-anarchist edge, where tactical media projects were produced, and radical ideas were exchanged and practiced. Activists by lifestyle, inhabitants at 13 Thames created a space for communal living, rejection of norms, and demonstration planning.
Out of 13 Thames came not only Global Revolution, but musicians and artists of all sorts, as well as the Glass Bead Collective, a tactical media group that projected images of political prisoners onto the FBI building, and filmed Amy Goodman’s arrest at the 2008 Republican National Convention. If the order to vacate was not a tactic to disrupt Occupy livestreamers, it may still have been issued to strike down yet another radical space.
On Monday night, two representatives from the Department of Buildings and two NYPD officers showed up at 13 Thames, demanding they do an on-site inspection while they were in the building to inspect the neighbors at 15 Thames. The visit stemmed from an outstanding vacate order for the first floor of both 13 and 15 Thames. It was last addressed in May of 2010, but the inspectors appeared determined to take care of it immediately.
"I didn't let them in," Jai said. "They barged in on Monday, with the police, without our consent or a warrant to come into our home." Then, he said, the Department of Buildings called the fire department, who checked the sprinklers, and determined they were functioning. Unsatisfied, the inspectors decided they wanted an additional sprinkler in the hallway between the front and back rooms. "We've had inspections before, and they never said anything about sprinklers in the hallway," Jai said.
According to Jai, the need for an additional sprinkler was enough for the building inspector to declare the space "perilous to life," and they were ordered to leave right away. Vlad Teichberg, a 13 Thames resident and cofounder of the Glass Bead Collective and Global Revolution Livestream, explained to AlterNet the circumstances of the vacate order. On January 2nd, "The Buildings Department and Fire Department arrived at 8pm -- on a holiday -- which is very strange. These are not normal working hours," Teichberg said. Teichberg and Jai also said they heard an inspector say he had received a phone call that day, ordering him to take care of the old issue immediately.
Teichberg said inspectors immediately showed interest in the media equipment, and made comments like "What were you filming here?" before telling residents they could no longer "occupy" the space. "It was very strange," said Teichberg.
The next day, after having an argument with the landlord -- who residents say had entered the space without permission -- Teichberg was arrested on his way out of the space, after having gathered some legal documents to challenge the vacate order in court. He and his wife, Nikky Schiller, a livestreamer/revolutionary transplant from Spain who came to see America’s uprising, were en route to an appointment for their baby's first ultrasound. "It's a really important part of becoming a father, to see the baby for the first time," said Teichberg, "but the appointment had to be postponed."
A friend of 13 Thames and tactical media activist who goes by the name Spike was also arrested, but according to Jai, he was not even in the building -- instead videotaping from the sidewalk -- when the police were rounding them up. "He was charged with trespassing, but how can you be trespassing when you're on the curb?" said Jai. Another arrestee, who goes by the name Acadia, was also filming on the sidewalk.
Video of the arrests, shot by a colleague named Luke,* has already been responsible for getting “resisting arrest” charges against the residents dropped. "They adjusted their narrative to information that was publicly available," Teichberg told AlterNet, "The voice of the police has a lot more weight than the voice of citizens in court, but the truth is on our side."
The landlord charged Teichberg with assaulting him, but he disputes the claim and says he has footage for most of their argument. Regardless, he can't go back to 13 because there is a restraining order against him.
"Because of false accusations, I can't go back to the space," he said.
"My theory is that the city made the call, and the landlord decided to take the opportunity. The landlord saw an opportunity to get rid of us -- by vacating and arresting us, distracting us." He also says, "The police were acting on the landlord's orders. He was pointing out who to arrest."
"He is an acting one percenter," said Teichberg, referencing his ownership of multiple restaurants in the Bushwick neighborhood.
13 Thames has long been embattled in a legal case to determine the nature of their residency, and the vacate order could have been the result of a tumultuous relationship with their landlord and city agencies. By the end of September, the landlord had withdrawn an eviction order, but 13 and the landlord were still arguing over who is responsible for repairs. According to Fiona Campbell, a resident who was deeply involved with the space's legal issues, "There's been a lot of confusion between the tenants and the landlord, which is a trickle-down effect, because there is no dialogue between the buildings department and the loft board."
The buildings department and the loft board, she said, have different standards, confusing the landlord. Campbell said the building is full of code violations, but, "The landlord wants to be told by the city that he has to fix stuff, but the loft board doesn't tell him to. It's just a mess. If there was something set that made sense between the loft board and the buildings department, it would be a much simpler process."
Still, she says, communication must go both ways: 13 must be willing to pay rent, if the landlord is willing to make renovations. Otherwise, they must make renovations themselves, and pay whatever price of the building is left over to buy it out. But Campbell is not sure whether the raid is completely related to problems with the landlord, or whether residents' involvement with Occupy provoked the raid. "The two times they came in and raided everyone were before the Anarchist Book Fair, and now this," she said.
Regardless, "We were there legally, as residents of that building." said Vlad. Now, at least eight people are homeless.
"I can't say that the department of buildings and the fire department doesn't have a legal right to enter into space in the city of New York. They clearly do, but I believe that there's more at play here. I think that this is a politically motivated situation," Wylie Stecklow, an attorney for the livestreamers, told AlterNet. 13's inhabitants, Stecklow said, had been utilizing the space with impunity for years, all the while working regularly with the fire department to make sure it was not a dangerous space. "Nothing occurred in the days or weeks leading up to the vacate order that was now again put on here for the 5th or 6th time that made it all of a sudden dangerous or perilous to life," said Stecklow, who believes the order to vacate was issued from people in power, higher up than the inspectors or fire department who made the visit to 13 Thames.
Whether the vacate order was an attempt to shut down the Global Revolution livestream, the byproduct of a nasty fight with the landlord, or a combination of both, the story runs much deeper.
Inside 13 Thames
I embarked on a journey to 13 Thames before Global Revolution found its home there, and as integral as Global Revolution has become to the space, 13-1, as it is also called, was much more than Occupy's livestream station. And like 13 is more than Global Revolution’s home base, its eviction is part of a larger framework.

13 Thames was an experiment in living; it exemplified another option. Its inhabitants, dwellers, and weary travelers, many of whom used 13 to crash for a day or two (or much longer), had created a space similar to Zuccotti Park, long before it became Liberty Square. Radical ideas were rampant, leadership was shunned, and community and sharing were necessities, because money was tight. To provide one small example, Jai walked me to the subway at the end of every visit I paid to 13 Thames, to swipe me onto the subway with his unlimited metro card.
I first visited 13 Thames in May, when my desire to write about punk culture in New York led me to Nick James (who would only give his first and middle name), and Ryan Perry (stage name as former member of the punk band Total Chaos: Ryan Rebel) two homeless street punks who seemed much younger than their mid-twenties. They had both been homeless since around the age 12 or 13, and met in upstate New York when they were 16 and 17, while Ryan was living in a bus with his mom and her boyfriend, and Nick was sleeping in a yurt. Nick and Ryan were crashing at 13 Thames when I first met them, and they often had nowhere else to go. 13 Thames was like a shelter, but without the sense of charity. It was welcoming, and there, Nick and Ryan shared their music, and their stories, with people who cared.

13 Thames was designed to accommodate parties and residency, so that the artists and activists who lived there could pay the rent promoting their passions and enjoy a communal life. In each other, they found mutual inspiration and support, an effective achievement of self-sufficiency. For youths like Ryan and Nick, whose histories should have condemned them to reliance on our broken social system, this was especially important. Someone always had their backs.

The residents have shifted some since I wrote about 13 Thames in May (Schiller is one example) but the substance of what I wrote then holds:
They use this space to be free -- to make art and seek refuge from a society that does not serve them. In the midst of the devastated economy, they are able to hold their own. Kids like Nick, whom society failed, find a way to live free and be happy. At 13 Thames, one might meet at a Trinidian black metal kid who grew up in Bed-Stuy, a punk rock woman mechanic who worked for six years at a law firm, a dreadlocked community gardener, or an interestingly “off” German man. They come together to accept people that society fails and rejects, and they pride themselves on open-mindedness.
And then they party – often with a conscience. They throw film screenings, noise, metal, and punk shows, art galleries, showcasing whatever parcel of the underground they deem cool enough.
Residents were activists, artists, and musicians -- many of them people of color -- who shared a desire to reject the mainstream and experience alternative living. But they struggled within the confines of a society that demands one lifestyle, and overwhelmingly champions the pursuit of individual wealth and accomplishments. 13 paid the bills hosting rock shows, but when the Department of Buildings and police presence demanded they stop the music, they were forced to pool their resources to survive, and abandon part of their dream -- to have a free, creative space. The change added considerable pressure to 13 Thames, as money to secure rent and pay bills became tighter, and dwellers without economic means scrambled to find new ways to contribute. And still, they survived.

That is, until Monday, when the space was issued a vacate order for being “perilous to life.” But it wasn't life that the collective threatened. 13 Thames was perilous to the very leadership that ultimately dismantled it -- as was Occupy Wall Street -- by exemplifying the possibility of another life, away from the dog-eat-dog lifestyle of capitalistic gain.
At the very least, spreading the merits of anarcho-community threatens the egos and self-worth of those in power. The media‘s role in this process of presenting new possibilities is crucial, and the 13 Thames crew understood that, becoming media makers themselves.

Nigel Parry, an independent media pioneer and Global Revolution affiliate, said he is not one to believe that the NYPD is always out to shut down media, but added “They definitely targeted the media in Zuccotti Park. That's why they do this code violation bullshit. It seems completely unrelated and reasonable -- they're worried about health and safety.” Both inhabitants of 13 Thames and Liberty Square, as well as occupations around the country, were forced out of their spaces under the official, bogus pretext of health concerns (Look at Occupy Oakland -- are tear gas, flash bang grenades, and rubber bullets not more physically damaging than mass cohabitation?).
"There is a concerted effort to deprive people of the Occupy movement, and those in their media team, of their First Amendment rights," said attorney Stecklow. On November 17th, at least seven members of the Occupy media team were arrested while streaming, and Teichberg considers the police force an attempt to stop independent media. In the weeks leading up to the raid, most of the Global Revolution equipment was in the unit next door, 15 Thames, where "People were coming in from all the country, and all over the world, to spend a few days with us working and learning how to edit the channel. The space is shut down, but people are streaming all over the world," Teichberg said.
"Just like we saw in Russia, like we saw in these Arab countries, we're seeing it here in New York," said Stecklow, who noted that because Global Revolution connects the Occupy movement worldwide, "it is clearly the media team behind the Occupy movement."
Teichberg agreed. "Independent media is under attack worldwide - in Syria, Egypt, and now in the USA. People on our media team have been arrested five times,” he said, "It's an attempt at censorship."
Breaking Up Radical Spaces
But Liberty Square and 13 Thames are not the only communal spaces the Bloomberg administration has targeted. While maintaining a Do-It-Yourself (DIY) space has always been turbulent, breaking them up has become increasingly common. As the Village Voice recently reported, new rules enforced by new task forces have become somewhat of a tool “to force out New York's bohemian culture in hopes of creating a future perfect Gotham.” The Voice explains:
Not long after the new Quality of Life Task Force began to crack down on long-unenforced cabaret laws during the Giuliani administration, the Social Club Task Force—established after the 1990 Happy Land fire—evolved into the Multi-Agency Response to Community Hotspots (MARCH), overseen by the New York Police Department. "Unauthorized dancing" was now only one of many potential infractions.
According to the Voice, when Bloomberg took office in 2002, “MARCH activities rose immediately by 35 percent and kept growing.” The Voice continues:
"If you listen to stories about what led to this homicide or what led to this assault, you would be surprised how many stem from nightclubs," Robert F. Messner, a police commissioner who oversaw club shutdowns, told the Times. "We don't want those places in New York. We make it very clear." In 2003, the smoking ban went into effect, outlawing one of the city's longest-running cultural institutions: the smoky jazz club. Regulations have kept creeping into other bastions of the old, free New York. The Algonquin Hotel has had to confine its lobby cat to a space behind the check-in counter, and don't even think about trying to have a bar dog.
This is all despite the fact that DIY spaces have been a staple of New York’s creativity since the art scene flourished in the 1960s. As the Voice explained,
Pete Seeger, Woody Guthrie, and the Almanac Singers had live music at their communal Almanac House on West 10th Street as early as 1939, but history records a December 1960 gathering on Chambers Street organized by Yoko Ono as the first proper loft show.
Alcohol infractions, too, have become reasons to shut down DIY spaces. In April of 2010, cops raided one of Bushwick's most renowned DIY spaces, the Market Hotel, and shut it down after "receiving a tip that alcohol was being served without a license," according to the Brooklyn Paper. The Market Hotel was the brain child of Todd Patrick, AKA Todd P, who has been credited with inspiring the DIY scene in New York. The Arch Collective, too, was legally reprimanded in April, for “operating an illegal bottle club” while serving wine and beer to party guests. That same month, the Trailer Park, a neighboring collective to 13 Thames, was shut down for fire code violations.
The Silent Barn, also in Bushwick, was raided in July. A DIY/living space like 13 Thames, its residents were temporarily homeless after a Department of Buildings inspection ended in a vacate order. When they returned the next day, the front door was wide open and $15,000 worth of equipment and personal possessions was stolen or destroyed, the Voice said, adding that "Despite security-camera footage of three men loading equipment into a van, police were less than helpful."

For 13 Thames, this latest brush with the law was not their first time. Police raided their space in April of last year, just days before they were scheduled to host an after-party for the Anarchist Book Fair. Residents said the police entered without a warrant, checked IDs, and arrested some with outstanding warrants.

One of them, Johnny Ludolph, 19, told the New York Times he was arrested for old, unpaid tickets issued for drinking beer on the sidewalk. But when he arrived at the police station, Ludolph told the Times the police seemed most interested in asking him about fliers for the NYC Anarchist Film Festival, with 13 Thames Street listed as an address.

Proof that the eviction of 13 Thames was entirely Global Revolution-related is limited. Nevertheless, what is clear is that across the country, people in positions of power are using minor violations and health code ‘concerns’ to evict ideas. That Bloomberg and others either do not understand the thriving livelihood of these spaces, or are so threatened by their ideology they try to suppress it, should not be a surprise. Occupy and 13 Thames derived wealth from creativity and art; they defined their value by contributions to community. Bloomberg’s wealth stemmed from self-promotion, and is measured by money.
Yet shutting down the space hasn't stopped the Global Revolution crew from working. Immediately following their release, Jai said, they were "back to the studio," preparing to find the stuff they stashed away and keep on working. Their release guarantees the resumption of their activities -- without a home -- but with more attention.
As Teichberg said after his arrest, “We can do all of this from laptops," not to mention smart phones.
"You can hit us, but you can't stop us, because we're everywhere," he said, "This will only make us stronger."
*Editor's note: An earlier version of this piece incorrectly identified the videographers..
Kristen Gwynne covers drugs for AlteNet. She graduated from New York University with a degree in journalism and psychology.

'It's All Political': Eviction and Arrests of Global Revolution Livestreamers Part of Pattern of Crackdowns on Alternative Living | | AlterNet

Thursday, December 29, 2011

Occupy Wall Street, the First Amendment, and the Politics of Free Speech | NationofChange

Published: Thursday 29 December 2011

“This teach-in is the first of three teach-ins that we hope to hold in the coming months here in law school about various aspects legal and policy issue raised by the Occupy Wall Street Movement.”


Kendall Thomas, Nash Pro­fes­sor of Law and Di­rec­tor of the Cen­ter for the Study of Law and Cul­ture, Co­lum­bia Uni­ver­sity mod­er­ates the first of three teach-ins. Ali­cia White, an oc­cu­pier says: “I ended up going to Oc­cupy Wall Street be­cause of a video. Like a lot of peo­ple, I saw a video that was posted on­line of some peo­ple who were march­ing in the street and look­ing very in­spired.”

Occupy Wall Street, the First Amendment, and the Politics of Free Speech | NationofChange

Saturday, November 19, 2011

The Banks and New York City and the Media

Note: Having reporters arrested is an unprecedented tactic obviously being used to discourage press coverage of the growing OWS revolution, Bloomberg and New York's finest thugs are sending a clear message they have little respect for the first amendment or citizen rights they are hired to protect. 

I have had an NYPD-issued press pass twice. In New York City, the press is "credentialed" by the police department, independently of the City, at its discretion. The process is slow and you have to go downtown for quite a while. Both times I have been very careful to play their game. You have to bring published clips, among their required materials, that prove you need to deal with things like "robbery scenes, fires, homicides, train wrecks, bombings, plane crashes, where there are established police or fire lines at the scene." Now I'm by no means a real reporter's reporter, but I succeeded both times by bringing past stories that had, like, scenery of Hillary Clinton in a St. Patrick's Day parade and what have you. On my most recent successful trip, I went with real reporters—and some of them got denied, and most definitely shouldn't have been, while by working the system, I scored. The point that you'd need to be already doing that reporting to get credentialed (by the police!) to do that reporting is a good one. All this is a preamble to pointing out that yesterday we got used by the mayor's office.
In the spirit of looking at what the media is, we talked about positions held by reporters who've been arrested around the country at Occupy Wall Street. I started doing this because I had a suspicion that some media trends were probably evident: were they all interns? Were they all unpaid? Freelancers? All men? Who were they?
The most notable things (to me) that we found were that a majority were non-staff reporters, they were from a wide cross-section of outfits (independent outlets, news wires, student papers) and that one staff reporter had already been laid off since his on-the-job arrest.
I tried to be pretty careful that this wasn't to suggest that any of them weren't "real reporters." (One of those arrested in New York (who informed police he was a reporter), Jared Malsin, working for The Local East Village, was even deported from Israel last year for his reporting there.)
Then last night the mayor's spokesman sent out a memo, citing our little exploration, and going further—cross-referencing the arrested reporters with holders of NYPD press passes.
He was doing this to assert that the NYPD wasn't arresting reporters. He wrote: "We found that only five of the 26 arrested reporters actually have valid NYPD-issued press credentials." Which, well, is basically an admission of arresting five NYPD-credentialed reporters? Or he was doing this to assert that they weren't arresting real reporters. Well, we're pretty much all real reporters now.
I don't think the NYPD are monsters; I also don't think Bloomberg's office is evil. Nor are either of these organizations uniform in their thinking about Occupy Wall Street. I even think they're in a tricky position—I don't know how I'd deal with a large protest movement gathering in the City over the course of two months, especially one that's trying to keep a permanent encampment in a park.
But I do think the City itself and even Bloomberg—despite some of his excellent qualities!—brought Occupy Wall Street on themselves. Throughout his unnecessarily extended tenure, he's always been quick to give up income to benefit the banks. He's done nothing truly effective about job creation, despite his small programs for helping startups and entrepreneurs, and the small creation of affordable housing. For example, everyone knew that Goldman Sachs' "threat" to move to midtown was a bluff; they would never pay those rates, and that the state and the City went nuts on concessions for their new headquarters is still a crime. (Particularly when Goldman spit in their faces at the same time, moving more of their headcount to New Jersey anyway.)
The banks and New York City have always been intimately entwined throughout their history—probably, in the past, in far more unseemly ways than they are now. New York needs the finance industry; it is, obviously, a major "engine," as they like to say, of the City's micro-economy. But we believe that the finance industry and other related corporate enterprises have created a vast inequity, one that is nowhere more visible than in New York City itself. Here is where they have tortured capitalism into a sick thing that is actively bad for humanity. It's only right that Occupy Wall Street has the name and focus that it does. How the rank and file of both the City and the NYPD deal with our mass nonviolent protests is on them, not us, and certainly not on the people reporting the events of the day.

Photo from New York's Occupy Wall Street protests by Jon Tayler, who is both a Columbia J-School student and a reporter.

Friday, November 18, 2011

Federal Complaint Seeks To Enjoin Lawless Assaults By Oakland PD Against Peaceful Demonstrators



Posted By Ernest A. Canning On 16th November 2011 



On Monday, the American Civil Liberties Union (ACLU) of Northern California and the National Lawyers Guild filed a 17-page complaint (Campbell vs. City of Oakland) [1] in the U.S. District Court for the Northern District of California seeking both compensatory damages and the issuance of a temporary restraining order that would enjoin the Oakland Police Department (OPD) and 17 outside law-enforcement agencies from trampling upon the constitutional rights of both bystanders and participants in Occupy Oakland.
The complaint calls for the OPD to cease their vicious, unprovoked [2] and indiscriminate [3] use of chemical agents, flash-bang grenades, nightsticks and direct-impact crowd control weapons --- all in violation of Crowd Control Policies adopted as part of a settlement of two previous federal cases entailing allegations of prior lawless actions by OPD.
The body of the complaint provides graphic details of police misconduct that is so pervasive that the legal filing might aptly be labeled, "an anatomy of an ongoing police riot" or "OPD's campaign of terror"...
Broader picture of Oct. 25 events
In two previous articles, The BRAD BLOG [4] focused specifically on the events that occurred shortly after 7:30 p.m. at the intersection of 14th and Broadway that left former Marine and two-tour Iraq Vet Scott Olsen with a critical brain injury [5].
In the first article [6], we forensically examined the available video evidence and statements by eye-witnesses, all of which refuted the claim made by Oakland Interim Police Chief Howard Jordan, during an Oct. 25 televised press conference, that it was "necessary" for law enforcement "to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks."
In the second article [7], we disclosed how OPD, after being confronted by our first article, failed to offer any evidence to support the Interim Chief's "bottles and rocks" allegation --- an allegation which OPD then said, once we called them on it, was little more than a "preliminary belief." Jordan had failed to qualify it that way, however, during his presser.
The ACLU complaint covers the gamut of the Oct. 25 confrontations.
Pillage and plunder
The federal complaint contains detailed allegations, commencing with the militarized Oct. 25 pre-dawn raid on the peaceful Occupy Oakland encampment, during which police deployed "flash bang grenades and tear gas." The raid came as such a surprise that "many occupiers did not hear a dispersal order." They were deprived of "an opportunity to gather their belongings and leave" before being arrested, "beaten and shot with rubber bullets" even as they attempted to "leave the area with their belongings."
The complaint's description of the pre-dawn raid bore the indices of pillage and plunder by an invading army, to wit:
OPD...destroyed tents and other personal property...for example, it slashed the sides of the large yellow tent that had served as the heart of the plaza's children's village, a space that had been created so that parents have a safe place to be with their children. Officers threw toys, books, and art supplies that people had brought to the children's village into a different part of the plaza as if they were garbage.
Deliberate assaults on/harassment of peaceful post-raid marches
The complaint alleges that, throughout Oct. 25, police "repeatedly ordered the assembled crowd to disperse, even though no illegal conduct had occurred and the protesters had merely assembled in peaceful protest."
Recall that under case law and the 10/28/05 OPD Training Bulletin [PDF] [8] (referred to in the complaint as the Crowd Control Policy adopted as part of the settlement of the previous federal cases), "police may not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose a clear and present danger of imminent violence."
The complaint alleges:
OPD and its agents used batons to beat one protester who had fallen to the ground and against others who were trapped in a dense crowd and unable to disperse….OPD fired so-called beanbags (…bags filled with lead shot that are fired from a shotgun) into a group of people who were doing nothing more than failing to move as quickly as the rest of the crowd…Instead of throwing flash-bang grenades and tear gas canisters at a safe distance from the crowd, officers threw them directly at them.
Did single plastic water bottle precede evening barrage?
Our previous, painstaking analysis of the video evidence of the events immediately preceding Scott Olsen's critical brain injury revealed that OPD had declared the gathering at 14th & Broadway on the evening of Oct. 25 to be an unlawful assembly and announced their intent to deploy CS gas leading to the donning of gas masks by law enforcement personnel before there was so much as a hint of potential violence from the crowd. We confronted witness statements, such as those offered by James West of Mother Jones [9], who said he witnessed "two men throw bottles at the police", even as the bulk of demonstrators were peaceful and actually chastised the "small, visible, determined group of agitators" who had hurled projectiles.
West later told The BRAD BLOG [4] that, in fact, he had not been on the scene prior to the first use of chemical agents by the police. He had arrived at 14th and Broadway later, only after police had already used gas on the crowd the first time. He says that he heard of no reports of similar provocations prior to that first use of gas by law enforcement.
The newly filed federal complaint alleges:
In one instance, the officers launched a barrage of projectiles that blanketed the assembled group in tear gas, and subjected the assembled group to flash-bang grenades and other projectiles, simply because someone in the crowd had thrown a single plastic water bottle. Worse, even people 100 feet away from the source of the bottle who were chanting at others not to throw things at the police were barraged. One such volley...fractured the skull of...Scott Olsen...
The complaint reveals that another protester suffered a ruptured spleen during the melee.
It is unclear from the complaint whether this "single plastic water bottle" preceded the first police volley.
While it is possible, despite the existing video evidence, that a single protester threw a single plastic bottle immediately prior to the initial barrage, this would have been long after OPD had declared the gathering an unlawful assembly and announced their intent to deploy gas, not as a means of protection but for the expressly announced purpose of crowd dispersal --- "If you refuse to move now," OPD Sgt. Bates declared over a loudspeaker [11] in conjunction with his order that the gathering at 14th & Broadway disperse, "chemical agents will be used."
Law enforcement officers or hoodlums with badges?
The allegations of paragraph 25 of the federal complaint are especially disturbing:
OPD and its agents also targeted projectiles...at...individuals who posed no risk to the officers or to anyone else. One protester, who was hit repeatedly in the back by painful projectiles...walked past the police line to escape the shooting. When he asked the police why they were shooting at him, he was shot again. He was hit at least 8 times.
This took place during the same event where Scott Olsen was critically injured and where a San Francisco ESU Deputy Sheriff tossed a tear gas canister at the feet of individuals who sought to come to Olsen's aid.
Cameraman not the only one shot at Nov. 3 incident
In "Cameraman Shot While Filming Oakland Police Line" [12] we provided video of an OPD use of force that took place at 16th Street near San Pablo Ave. in Oakland on the morning of Nov. 3, 2011.
The cameraman, Timothy Scott Campbell, is now the lead plaintiff in the newly filed federal complaint.
The complaint alleges that, throughout the Nov. 2 general strike, "events were peaceful and involved no police confrontation. Indeed, there were few police even visible." However, commencing in the evening, OPD issued "orders that...were often unintelligible and failed to provide protesters with directions on how to comply...OPD and its agents, trapped protesters, who went precisely where instructed, in an area with explosions and tear gas canisters flying, only to then arrest them..."
They note that "citizen journalist and videographer...Scott Campbell" was complying with an order to step back while filming "when he was suddenly shot in his right leg...Another man who was simply standing there, not posing any apparent threat...was shot three times with bean bags." OPD then "threw flash bang grenades directly at bystanders, who were then showered with shrapnel, even though the Policy requires that such devices be exploded at a safe distance from the crowd."
* * *
Ernest A. Canning has been an active member of the California state bar since 1977. Mr. Canning has received both undergraduate and graduate degrees in political science as well as a juris doctor. He is also a Vietnam vet (4th Infantry, Central Highlands 1968). Follow him on Twitter: @Cann4ing.

Article printed from The BRAD BLOG: http://www.bradblog.com
URL to article: http://www.bradblog.com/?p=8920
URLs in this post:
[1] 17-page complaint (Campbell vs. City of Oakland): http://www.indybay.org/newsitems/2011/11/14/18699451.php
[2] unprovoked: http://www.bradblog.com/?p=8890
[3] indiscriminate: http://www.bradblog.com/?p=8900
[4] The BRAD BLOG: http://www.bradblog.com/
[5] critical brain injury: http://www.bradblog.com/?p=8876
[6] first article: http://www.bradblog.com/?p=8878
[7] second article: http://www.bradblog.com/?p=8890
[8] 10/28/05 OPD Training Bulletin [PDF]: http://www.bradblog.com/wp-content/uploads/PN-CA-0018-0021.pdf
[9] James West of Mother Jones: http://motherjones.com/mojo/2011/10/occupy-oakland-protesters-violence
[10] The BRAD BLOG: http://www.bradblog.com/
[11] declared over a loudspeaker: http://www.bradblog.com/?p=8878
[12] "Cameraman Shot While Filming Oakland Police Line": http://www.bradblog.com/?p=8900