OCCUPIED COLORADO SPRINGS- Attention local media, if you’re looking for authentic spokespeople for Occupy Colorado Springs, you need look no further than today’s front row. Holding the big sign is first arrestee Steve Bass, to his right: three times arrestee Iraq vet Jack Semple, arrestee Amber Hagen, arrestee Raven Martinez, and arrestee Thomas G.

Also pictured, former Colorado Congressman Dennis Apuan, Occupy founding member Jon Martinez and Socialist activist Patrick Jay. Not pictured, Joel Aigner and Hossein Forouzandeh who were speaking at a UCCS occupy teach-in.

Here’s a video of the Saturday arrests of veteran of Fallujah Timothy “Jack” Semple and Amber Hagen of the 7-11 incident. Worth the watch. ROCKSTARS!

Mark your calendars, upcoming arraignments are scheduled November 21, 29 and 30.

Raven addressed the Colorado Springs City Council today on the unconstitutionality of the no-camping ordinance being enforced to curb the Occupy protest. Here’s what she said:

As a citizen of the United States, one has a given right to life, liberty, & property. These rights are protected by both the 5th & 14th Amendments to the Constitution.

In Bolling v Sharpe, The Supreme Court interpreted the 5th Amendment’s due process clause to include an equal protection element.

The 14th Amendment states:

“No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; nor shall any state deprive any person of LIFE, LIBERTY, or PROPERTY, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Knowing that sleep is a necessity of Life, every American citizen has a right to sleep, regardless of status.

“HOMELESSNESS” is considered a status.

The camping ordinance ultimately denies one the right to sleep, therefore the right to live, based on their status. How many people have been arrested for setting up a canopy, with blankets & food, to take a nap or have a picnic on public property.

Now if a homeless person sets up a canopy, has blankets and food with them, will they be told to take down their canopy under the current camping ordinance? If so, then the ordinance is based on status, therefore unconstitutional.

If not, then it leaves too much discretion in the hands of the individual law enforcement officer, making the ordinance over-broad and unconstitutionally vague.

When one is homeless, where can that person sleep? If they set up to sleep on Public property they would be violating the current city ordinance, they will be told to leave and told of a shelter to go to, being their only alternative. This amounts to incarceration in the shelter without a violation of law having been committed. This also violates ones right to due process in that it allows for arbitrary enforcement.

When you criminalize a non-criminal act of necessity, you greatly increase the possibility of that person committing other crimes, as well as decrease that persons ability to obtain employment.

State v Folks, No. 96-19569 MM found that a city ordinance which punished innocent conduct, such as sleeping/camping on public property, violated the defendant’s right to be free from cruel and unusual punishment, which is protected under the 8th Amendment.

I ask you to look at the constitutionality as well as the long term effects of such an ordinance, it starts a domino effect that negatively impacts an already hurting economy.

How much does it cost in tax payers money to pursue such a case?

We have to have change! If we want a better economy and overall society, then the government, Federal, State, & Local, must change the way they conduct business. Criminalizing acts of necessity is business, not a way to protect our American citizens.

“Definition of Insanity: Doing the same thing over & over again and expecting different results.” -Albert Einstein

Pass a new ordinance to repeal the current one.