Category Archives: News

Legal Experts File Complaints about Widespread Rights Violations in Policing of ‘Occupy’ Movement

Embargoed to Wednesday, July 25, 2012, 10.00am EST.
Contact: Professor Sarah Knuckey (NYU) +1.212.992.8873; Emi MacLean, Human Rights Lawyer, +1.212.998.6714

Legal Experts File Complaints about Widespread Rights Violations in Policing of ‘Occupy’ Movement 

Call on NYC, U.S. Justice Department, UN to Protect Protesters’ Rights 

(New York, NY, July 25, 2012) – The City of New York must take immediate action to correct the clear pattern of abusive policing of Occupy Wall Street protests, said legal experts in a complaint filed today with New York City authorities, the U.S. Department of Justice, and the United Nations. The complaint is based on a report providing in-depth documentation and legal analysis of widespread human rights violations in New York City’s treatment of Occupy protests over the past ten months.

“Recently, officers repeatedly yanked the broken collarbone of a protester as he begged them to stop hurting him. And just two weeks ago, a phalanx of officers removed a grandmother from a park for the ‘crime’ of knitting in a folding chair, arrested a man trying to help her leave, and then arrested another man filming the incident,” said Professor Sarah Knuckey, one of the report’s principal authors, who also witnessed these incidents. “These are just two of hundreds of examples we document in our report, demonstrating a pattern of abusive and unaccountable protest policing by the NYPD.”

This report is the first in a series by the Protest and Assembly Rights Project, a national consortium of law school clinics addressing the United States response to Occupy Wall Street.

In their 132-page report—Suppressing Protest: Human Rights Violations in the U.S. Response to Occupy Wall Street—the experts catalog 130 specific alleged incidents of excessive police force, and hundreds of additional violations, including unjustified arrests, abuse of journalists, unlawful closure of sidewalks and parks to protesters, and pervasive surveillance of peaceful activists. Yet, to date, only one police officer is known to have been disciplined for misconduct in the context of Occupy Wall Street policing.

“The excessive and unpredictable policing of Occupy Wall Street is one more example of the dire need for widespread reform of NYPD practices. These violations are occurring against a backdrop of police infiltration of activist groups, massive stop-and-frisk activity in communities of color, and the surveillance of Muslims,” said Emi MacLean, a human rights lawyer and primary author of the report. “This report is a call to action.”

The report calls for urgent state action, including:
• The creation of an independent Inspector General for the NYPD;
• A full and impartial review of the city’s response to OWS;
• Investigations and prosecutions of responsible officers; and
• The creation of new NYPD protest policing guidelines to protect against rights violations.

If New York authorities fail to respond, the report calls for federal intervention.

“The U.S. response to the Occupy movement – which itself emerged as part of a wave of global social justice
protests—is being closely watched by other governments,” said Professor Katherine Glenn, one of the
report’s principal authors. “In the face of this international attention, this report shows that New York
City’s response actually violates international law and, as such, sets a bad example to the rest of the world.

The city now has an opportunity to set this right through reforms that reflect just and accountable policing
practices.”

This report is the first in a series by the Protest and Assembly Rights Project. This report focuses on New York City, and was authored by the Global Justice Clinic (NYU School of Law) and the Walter Leitner International Human Rights Clinic (Fordham Law School). Subsequent reports will address the responses in Boston, Charlotte, Oakland, and San Francisco. Participating law clinics are at NYU, Fordham, Harvard,  Stanford, Rutgers-Newark, Charlotte, and Loyola-New Orleans.

The report (PDF) is available from the Center for Human Rights and Global Justice.

– xx

Joanne


Occupy Tulsa Trials: “The first Amendment doesn’t need a curfew.”

Occupy Tulsa protesters who were arrested in early November 2011 will begin their trials today, July 23rd at 9:30 AM. The first Occupy protester set for trial is Ms. Lindsey Scotney, mother of five, who was arrested while pregnant last fall. Mrs. Scotney and others feel good about the opportunity to present their cases at trial by jury.

Pam Huey, an Occupy Tulsa member and supporter, had this to say:

I was infuriated when I saw the way that the police pepper sprayed the protesters. Certainly it’s in our tradition as Americans to stand up and say something when we feel wronged. The Occupy Tulsa people were engaging in this time honored tradition when the city police came at them in force and pepper-sprayed them for doing nothing but engaging their rights. What we see is that Citizens United has turned money into speech in such a way that anyone who wants to have a voice has to buy one, or a politician.

Ms. Scotney, in addition to being a mother of five, has volunteered with the Tulsa Police Department, a registered Republican and has no priors.

John Harlien, who will be reporting to court on Tuesday, said:

The first Amendment doesn’t need a curfew, and as an American, it’s my right to peaceable assembly at any time of day. What those officers did in response to people sitting peacefully on the grass is atrocious, and they should be ashamed of themselves.

Occupy Tulsa protesters were arrested on their fifth day of encampment in protest against large banks getting corporate bailouts, the
continued expansion of government powers for overseas wars, the marginalization of the middle class and working poor by government interests, bank abuses, and a lack of response by the government to global financial fraud and economic corruption.

Central to their message is the idea that corporate money has robbed the citizens of this country of their voice in government..

The following four Occupiers are ordered back Tuesday, July 24th at 9:30 a.m. in Division 2 of Tulsa’s Municipal Court to hear when their trials will begin. Each of them, including Mrs. Scotney face up to 90 days in jail–if convicted:

1. Thomas G. Miller,
2. Joe Briggs,
3. John VanZant, and
4. John Harlien.

The 1st Amendment to the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

All other Occupy Tulsa trials are expected to begin on October 19, 2012.

– xx

Raw video of the November 2011 arrests:

23 Occupy Tulsa protesters were arrested between November 2 and 3, 2011 for violating a city curfew. At least five were pepper sprayed, reportedly to ensure their compliance. Occupy Tulsa maintains that the pepper spray was excessive given the peaceful nature of their resistance.

– xx

Joanne


First and Sixth Amendments Prevail in Iowa

A jury has found Occupy Des Moines protester and former state representative Ed Fallon not guilty of trespassing for violating an 11 pm curfew. Fallon and 14 other members of Occupy Des Moines were arrested after knowingly remaining on the grounds of the Iowa state Capitol on October 9, 2011.

Although Mercer Lewis of Occupy Denver was earlier acquitted by a jury on March 7, the Fallon case is a victory for the movement. Fallon admitted under oath that he violated the curfew, but a jury of his peers upheld his and the other protesters’ rights, finding, “[t]he Constitution supersedes all state laws and regulations.”

This is the first of many jury trials expected for Occupy movement, as arrested protesters are increasingly choosing to demand their Sixth Amendment rights in tandem with the protections afforded under the First.

 

– xx

Joanne


ahimsa

In the foreword to “Nonviolence: The History of a Dangerous Idea”, Mark Kurlansky asserts:

Responding to violence with more violence is rarely appropriate. However, discussing nonviolence when things are going smoothly does not carry much weight. It is precisely when things become really difficult, urgent, and critical that we should think and act with nonviolence. 

A February 3 piece in the Guardian highlights the apparent divide within the Occupy movement. Occupy Wall Street protesters in New York marched in solidarity with Occupy Oakland, where over 400 demonstrators were arrested on February 1.

As they marched, and occasionally sprinted, through lower Manhattan, masked protesters were seen pulling debris into the road. A small minority of demonstrators threw bottles at police officers, while larger numbers chose to berate the cops with chants of “fuck the police” and “racist, sexist, anti-gay/NYPD go away.” The combative attitude and aggressive tactics, justified by some by ongoing police violence, upset a number of demonstrators.

Timothy Pool, a well-known citizen journalist in the Occupy Movement, was accosted by some protesters who demanded he stop filming their actions – releasing air from the tires of an NYPD vehicle. He had been assaulted by a masked assailant just days earlier. These incidents, as well as the attacks on and intimidation of other citizen journalists have brought to light an underlying tension within the Occupy movement. While much of the media focuses on the more radical elements, Occupy needs to address this division and the tactics used by the few that put all of us at risk.

Citizen journalists often do not have the protections offered to the credentialed main stream media. While events in New York and Oakland, as well as in other cities, have shown that police are sometimes willing to arrest and brutalize these credentialed and well-known journalists, the larger number of us are always at risk of arrest and censorship. For further risk to come from within the movement itself is disturbing.

The identity of Tim Pool’s attacker and some others caught on tape committing destructive acts is questionable. The first reaction I usually get is that they are law enforcement infiltrators, sent in to commit acts of violence, discredit the movement, and give the waiting police an excuse to brutally crack down on the protest action.

The FBI Counterintelligence Program (COINTELPRO) was created in 1956 and officially ended in 1971 (more on that in a moment). COINTELPRO is often referred to as a surveillance program, but that was not its primary aim. Throughout the 1960s and 70s, agents regularly infiltrated activist groups with the goal of subverting the organizations. The main goal of COINTELPRO was never surveillance – monitoring alone does not require the level of infiltration employed by the program. Agents sought to disrupt activist groups by instilling fear and distrust, causing internal collapse. COINTELPRO was exposed in March 1971 and declared officially over later in the year.

The program – or at least, its tactics – has almost certainly continued, and it targets activists. Sophisticated technology, the acceptance of warrantless wiretaps, surveillance vehicles, and smaller hidden cameras and microphones all reinforce the theory that surveillance itself is not the aim of counterintelligence programs.

In fact, the exposure of COINTELPRO and the assumption that it continues may itself be a tactic. We know about these programs and see undercover agents exposed, as recently occurred in the Supreme Court protest on January 20. The mere presence of DHS vehicles on-site and the assumption that infiltrators are among Occupy is enough to cause some people to panic. These agents have been visible or revealed largely because that is their role. The point of COINTELPRO has always been to create paranoia within the group.

What concerns me is the seemingly automatic assumption made by many people that any action considered violent or destructive is done by infiltrators. This is naive. The Occupy movement embraces and prides itself on being of the 99% – we are quick to apply that label to nearly everyone, but apparently refuse to acknowledge that destructive, radical people are indeed the 99%. Occupy is a populist movement without central leadership, open to everyone, that acts in the public squares and streets. It is the perfect movement for infiltrators – not only law enforcement, but Black Bloc and others inclined to violence.

I have always argued that the General Assembly and consensus process would protect us from these elements, but the attack on Tim Pool and threats on other citizen journalists has led to discussions about diversity of tactics. While this seems to be largely a euphemism*, the conversation is important and needs to be public. On Sunday, January 29, members of Occupy Wall Street held a Diversity of Tactics meeting in Washington Square Park around 3 pm. Pool told me that he and others were told cameras “were not a good idea.”

The Guardian quotes Occupy Wall Street protester Ted Hall as saying, “our strengths are not in secrecy. Our strengths are in transparency…. [anything] that’s secretive is going to attract instigators and undercovers like a moth to a flame.”

I am personally in favor of asserting our commitment to nonviolence. Nonviolence is not an ideology, does not require us to ‘roll over’ and does not weaken us. Nonviolence is a tactic. It is active and demanding and powerful. More powerful, in fact, than throwing bottles and breaking windows.

Kurlanksy notes the absence of a positive English term that properly conveys the principles of nonviolence. “Nonviolence” itself seems to suggest that violence is the norm, or an eventuality. The Sanskrit ahimsa, which Gandhi used as the basis for the Indian Satyagraha civil resistance movement, is active – the avoidance of violence –  the choice to act without harming others. Gandhi makes clear in his translation of “Satyagraha in South Africa” that Satyagraha is an active, not passive, civil resistance. He further considered Gita, the concept of a just war, to be allegorical, interpreting it as an internal struggle and ahimsa to mean violence in all states – including dishonesty, wrath, and hatred.

The movement needs to make choices. If we recommit to nonviolence we can then address how to protect both journalists and the masses from retaliation. Will this cause a schism? Possibly.

A contingency calling itself the White Bloc announced its intentions for the February 4 Occupy Oakland FTP march. The amount of anger directed as this decision seemed to highlight the divisions within the Occupy movement.

Subsequent conversations I had with Occupy Oakland protesters revealed that the name White Bloc could easily be interpreted to mean something other than what I believe its original intentions to be – specifically against the Black Bloc. Coming from a privileged background, I too quickly overlooked how this designation would affect persons of color. It is evident to me that, while the White Bloc may have been an important experiment, a group labeling itself as white (or any color) has broader implications. Persons of color and other minority groups have for years been the targets of law enforcement profiling and narrow-minded surveillance programs and the onus is on the rest of us to be sensitive to anything that could cause people to feel further disenfranchised. Journalist Ayesha Kazmi puts it best:

As tempted as many white Occupy protesters are to proclaim “we are all one and the same!”, you cannot expect minorities, whose communities have been subjected to intimidation and abuse, to suddenly throw away the race card and jump on the bandwagon. These are critical times, and as such, it is important for Occupy to get it right. We are all part of the 99%  – and the concerns of some should fast transform into the concern for all.

However, with the NDAA and EEA looming, we need to make a decision now about what kind of movement we are, and act accordingly.  The transparency and nonviolence that were behind the White Bloc idea are what is most important. Defacement, vandalism, and the use of projectiles are not self-defense. If we want protect ourselves from the destructive elements, we need to reaffirm our commitment to nonviolence and make it evident, always, to those outside the movement. This means the media, the public at large, and law enforcement. Along with everything else, Occupy is fighting an information war.

There is more information on nonviolent ideology, tactics, and its dynamics available from Nonviolence International.

– xx

Joanne

*interestingly enough, ‘Diversity of Tactics’ came into widespread use at the height of the anti-globalization movement in the 1990s, right around the time when Black Bloc tactics were increasing in western United States. 


#teamoccupyyourmom citizen journo arrested by NYPD

#teamoccupyyourmom citizen journalist @an0nyc was arrested by the NYPD Thursday, Nov. 17, 2011, at approximately 3:30 p.m. on 6th Avenue. He was arrested during the Occupy Wall Street #N17 march from Union Square to Foley Square.

We were marching with thousands of other protesters down the middle of 6th Avenue when @an0nyc@TheRealGiest and others (I do not know their Twitter handles) became separated from our group, which also included @Ghostpickles@liamphuckall and others.

CNN reporter Amber Lyon tweeted this morning that she received a phone call confirming his arrest. A follow-up tweet from Ms. Lyon stated the phone call was from  @an0nyc’s girlfriend. Those tweets have since been deleted, but I took these two screenshots prior to deletion:


I interviewed @TheRealGiest, also of #teamoccupyyourmom, last night at 7:50 p.m. in Liberty Park about the events leading up to @an0nyc’s arrest.

“A moped cop, a captain, came charging by on his scooter and almost took out like five protesters,” said @TheRealGiest@TheRealGiest also said @an0nyc told him he was going “to tell off the cop.”

They became separated when @TheRealGiest went to grab his friend Larry and by the time they returned to where @an0nyc was, both he and the NYPD moped cop were gone.

Here is the raw audio from the short interview with @TheRealGiest:

We are currently working on getting more information and will post updates as soon as possible. Information about the legal fund for @an0nyc will be announced when it is set up.

[Cross-posted at:  http://korgasm.wordpress.com/2011/11/18/teamoccupyyourmom-citizen-journo-arrested-by-nypd/]


Video: Arrests – September 20


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