Sovereign constitutional oath activist Stephen Nalty sentenced to 36 years!


DENVER, COLORADO- Judge Michael Spear came down hard on judicial reform activists Stephen Nalty and Steve Byfield, who prosecutor Robert Shapiro insisted “can’t be rehabilitated.” The quiet Byfield received 22 YEARS, and this afternoon, so-called ringleader Nalty was given a sentence of 36 YEARS. For insisting that holders of public office file oaths secured by bonds as required by the US and Colorado constitutions. Their victims, judges and officials who were exposed for having sworn no oaths, testified about now having nightmares about the public coming to get them with torches and pitchforks. Which is of course what ought to happen, now that the bastards have retaliated against critics who were only trying to bring them into compliance.

The most severe remedy proposed by WE THE PEOPLE, the sovereign citizens organized to confront fraudulent office holders, was in fact resignation, or if necessary, banishment. Even so, the reformers were targeted by the FBI and its Colorado affiliates. A join anti-terrorism task force was deployed to infiltrate and entrap the “paper terrorists” who were then charged with criminal enterprise and racketeering, then held on quarter million dollar bonds. Now the two were given prison terms to exceed their lifetimes, ensuring both will die in jail. Because our system will not abide free men.

Springs municipal judge gives blessing to lucrative yet illegal I-25 speed trap.


COLORADO SPRINGS, COLO.- Local municipal court judge Matthew Ramirez was presented with evidence today that the city is operating an UNJUSTIFIED SPEED LIMIT TRAP in the construction zone at the intersection of Highway-24 and Interstate-25. Though drivers are regularly cited for exceeding a 30mph speed limit, the posted speed does not meet the 85% compliance rule, nor the “pedal test” for enforceable speed reductions. Both are characteristics of improper and legally unenforceable “speed traps”. Plus, it turns out, 30pmh is not even the minimum speed required to cross under I-25 before the traffic light turns red.

At 30pmh it takes a motorist 8.75 seconds to cross the intersection from West to East. But the traffic light allows only 2.75 seconds! No wonder drivers don’t want to slow down. Upon seeing the video, instead of calling traffic engineers to set appropriate speed restrictions and adjust the timings, Judge Ramirez instead put his stamp of approval on CSPD’s very lucrative speed trap.

YES, I got a speeding ticket. Haha. And yes, today I was found guilty. I’m not upset so much as disappointed that the judge made himself complicit with the city’s scheme.

I know that “speed trap” has come to designate anywhere that police monitor traffic speeds, sometimes in hiding, and issue tickets. But I’m not using the term in the general sense. “Speed trap” has a legal definition which describes a scenario where police are ticketing motorists who have been forced, by circumstances under the control of the police, to violate the law and thus become eligible to be asked to contribute to the local administration’s fee based tax. “Speed traps” are abuses by law enforcement to maximize citation revenues without having to come across and apprehend offenders operating autonomously to local fundraising schemes.

On August 31 of this year, I was clocked going 43mph in a 30mph construction zone. Except for a vague feeling that I had not been “speeding”, I had no intention of fighting the ticket. I support the enforcement of speed limits and I accept that being pulled over is more or less a random hazard of going with the flow. No objection. But my recent attendance at municipal cases brought against activists has meant a lot of time spent in courtrooms where I couldn’t help but notice that many, many drivers were being cited for the same ticket as me, crossing the same intersection, their fines doubled because it’s a construction zone, almost all of them taking a plea.

My decision to plead not guilty led to a fruitful survey of legal abuses perpetrated by our traffic courts; on the part of the city attorneys, on the part of the police officers, and on the part of the judges. It was worth the fight and I assure you it’s not over.

Hundreds, if possibly thousands, of motorists have been ticketed, and are still being ticketed, like I was. Unless they’re riding the brake as they approach the intersection, they are considered speeding. Often, hitting the brake at that approach means upsetting drivers around you impatient to build speed for the on-ramp or impatient to cross the long intersection. To slow to 30mph when surrounded by others causes you to “impede the flow of traffic”, which is itself a driving offense in Colorado. Yes, driving the speed limit, when it impedes speeders, is illegal because the disruption it causes is considered unsafe. A traffic instruction that causes a driver to commit a worse infraction is not enforceable.

Likewise, if you have to choose between maintaining your speed to cross an intersection legally, before the light turns red, or lingering in the middle at risk of colliding with cross traffic, the safest recourse is also clear.

Judge Ramirez rejected the necessity defense, which protects accused if their infraction is incurred while trying to avoid more hazardous violations. He did not find it troublesome that local drivers were being forced to decide between speeding or running a red light, knowing they could be punished in either case.

Colorado Springs traffic ticket revenues are relying heavily on drivers being fraudulently stopped and fined. At ten dollars per mile over the limit, doubled for the construction zone, the fines add up. These penalties are for driving the intuitive speed calculated by the engineers who designed the motorway, in this case also by the engineers who time the traffic lights to facilitate flow.

A FOIA request will probably reveal the revenue to number in the millions, coming from local citizens feeling wronged. And if they took their case to court, feeling further wronged by the unjust process.

To begin with, they won’t show you the evidence against you. And it gets worse from there. With just this case I’ve documented abuses to rival the ACLU’s condemnation of the corrupt court system of the Colorado town of Alamosa. Their chief judge resigned in disgrace.

Check back as I update this article to recount the unending duplicity of the city attorney’s office. Then there are the dishonest public safety managers. And the police officers who outright lie. Aided and abetted by judges who know better. It’s a long story and all the more ugly because it could happen to anyone. And if Judge Matthew Ramirez has his way it will happen to you.

Colo. US District Court judge enjoins DIA to limit restriction of free speech (grants our preliminary injunction!)

Plaintiffs Nazli McDonnell and Eric Verlo
DENVER, COLORADO- If your civil liberties have ever been violated by a cop, over your objections, only to have the officer say “See you in court”, this victory is for YOU! On January 29 we were threatened with arrest for protesting the “Muslim Ban” at Denver International Airport. We argued that our conduct was protected speech and that they were violating our rights. They dismissed our complaints with, in essense: “That’s for a court to decide.” And today IT HAS! On Feb 15 we summoned the cops to federal court and this morning, Feb 22, US District Court Judge William Martinez granted our preliminary injunction, severely triming DIA’s protest permit process. In a nutshell: no restrictions on signs, size of assemblies or their location within the main terminal (so long as the airport’s function is not impeded). Permits are still required but with 24 hours advance notice, not seven days. Below is Judge Martinez’ 46-page court order in full:

Document 29 Filed 02/22/17 USDC Colorado

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

Civil Action No. 17-cv-0332-WJM-MJW

NAZLI MCDONNELL, and
ERIC VERLO,

Plaintiffs,

v.

CITY AND COUNTY OF DENVER,?
DENVER POLICE COMMANDER ANTONIO LOPEZ,
in his individual and official capacity, and?
DENVER POLICE SERGEANT VIRGINIA QUIÑONES,
in her individual and official capacity,

Defendants.

________________________________________________________

ORDER GRANTING PRELIMINARY INJUNCTION IN PART
________________________________________________________

Plaintiffs Nazli McDonnell (“McDonnell”) and Eric Verlo (“Verlo”) (together, “Plaintiffs”) sue the City and County of Denver (“Denver”), Denver Police Commander Antonio Lopez (“Lopez”) and Denver Police Sergeant Virginia Quiñones (“Quiñones”) (collectively, “Defendants”) for allegedly violating Plaintiffs’ First and Fourteenth Amendment rights when they prevented Plaintiffs from protesting without a permit in the Jeppesen Terminal at Denver International Airport (“Airport” or “Denver Airport”). (ECF No. 1.) Currently before the Court is Plaintiffs’ Motion for Preliminary Injunction, which seeks to enjoin Denver from enforcing some of its policies regarding demonstrations and protests at the Airport. (ECF No. 2.) This motion has been fully briefed (see ECF Nos. 2, 20, 21, 23) and the Court held an evidentiary hearing on February 15, 2017 (“Preliminary Injunction Hearing”).

For the reasons explained below, Plaintiffs’ Motion is granted to the following limited extent:

• Defendants must issue an expressive activity permit on twenty-four hours’ notice in circumstances where an applicant, in good faith, seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport, the immediate importance of which could not have been foreseen seven days or more in advance of the commencement of the activity for which the permit is sought, or when circumstances beyond the control of the permit applicant prevented timely filing of the application; ?

• Defendants must make all reasonable efforts to accommodate the applicant’s preferred demonstration location, whether inside or outside of the Jeppesen Terminal, so long as the location is a place where the unticketed public is normally allowed to be; ?

• Defendants may not enforce Denver Airport Regulation 50.09’s prohibition against “picketing” (as that term is defined in Denver Airport Regulation 50.02-8) within the Jeppesen Terminal; and ?

• Defendants may not restrict the size of a permit applicant’s proposed signage beyond that which may be reasonably required to prevent the impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal; and specifically, Defendants may not enforce Denver Airport Regulation 50.08-12’s requirement that signs or placards be no larger than one foot by one foot. ??

Any relief Plaintiffs seek beyond the foregoing is denied at this phase of the case. In particular, the Court will not require the Airport to accommodate truly spontaneous demonstrations (although the Airport remains free to do so); the Court will not require the Airport to allow demonstrators to unilaterally determine the location within the Jeppesen Terminal that they wish to demonstrate; and the Court will not strike down the Airport’s usual seven-day notice-and-permit requirement as unconstitutional in all circumstances.

I. FINDINGS OF FACT

Based on the parties’ filings, and on the documentary and testimonial evidence received at the evidentiary hearing, the Court makes the following findings of fact for purposes of resolving Plaintiffs’ Motion.?

A. Regulation 50

Pursuant to Denver Municipal Code § 5-16(a), Denver’s manager of aviation may “adopt rules and regulations for the management, operation and control of [the] Denver Municipal Airport System, and for the use and occupancy, management, control, operation, care, repair and maintenance of all structures and facilities thereon, and all land on which [the] Denver Municipal Airport System is located and operated.” Under that authority, the manager of aviation has adopted “Rules and Regulations for the Management, Operation, Control, and Use of the Denver Municipal Airport System.” See https://www.flydenver.com/about/administration/rules_regulations (last accessed Feb. 16, 2017). Part 50 of those rules and regulations governs picketing, protesting, soliciting, and similar activities at the Airport. See https://www.flydenver.com/sites/default/files/rules/50_leafleting.pdf (last accessed Feb. 16, 2017). The Court will refer to Part 50 collectively as “Regulation 50.”

The following subdivisions of Regulation 50 are relevant to the parties’ current dispute:

Regulation 50.03: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO [of the Airport] or his or her designee. . . .” ?

Regulation 50.04-1: “Any person or organization desiring to leaflet, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, shall complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought and no earlier than thirty (30) days prior to commencement of the activity. The permit application shall be submitted using the form provided by the Airport. The applicant shall provide the name and address of the person in charge of the activity, the names of the persons engaged in the activity, the nature of the activity, each location at which the activity is proposed to be conducted, the purpose of the activity, the hours during which the activity is proposed to be conducted, and the beginning and end dates of such activity. A labor organization shall also identify the employer who is the target of the proposed activity.”

Regulation 50.04-3: “Upon presentation of a complete permit application ?and all required documentation, the CEO shall issue a permit to the applicant, if there is space available in the Terminal, applying only the limitations and regulations set forth in this Rule and Regulation . . . . Permits shall be issued on a first come-first served basis. No permits shall be issued by the CEO for a period of time in excess of thirty-one (31) days.” ?

Regulation 50.04-5: “In issuing permits or allocating space, the CEO shall not exercise any discretion or judgment regarding the purpose or content of the proposed activity, except as provided in these Rules and Regulations. The issuance of a permit is a strictly ministerial function and does not constitute an endorsement by the City and County of Denver of any organization, cause, religion, political issue, or other matter.” ?

Regulation 50.04-6: “The CEO may move expressive activity from one location to another and/or disperse such activity around the airport upon reasonable notice to each affected person when in the judgment of the CEO such action is necessary for the efficient and effective operation of the transportation function of the airport.” ?

Regulation 50.08-12: “Individuals and organizations engaged in leafleting, solicitation, picketing, or other speech related activity shall not: * * * [w]ear or carry a sign or placard larger than one foot by one foot in size . . . .” (underscoring in original).

Regulation 50.09: “Picketing not related to a labor dispute is prohibited in ?all interior areas of the Terminal and concourses, in the Restricted Area, and on all vehicular roadways, and shall not be conducted by more than two (2) persons at any one location upon the Airport.” ?

Regulation 50.02-8: “Picketing shall mean one or more persons marching or stationing themselves in an area in order to communicate their position on a political, charitable, or religious issue, or a labor dispute, by displaying one or more signs, posters or similar devices” (underscoring in original).

The Airport receives about forty-five permit requests a year. No witness at the Preliminary Injunction Hearing (including Airport administrators who directly or indirectly supervise the permit process) could remember an instance in which a permit had been denied.

?Although there is no formal written, prescribed procedure for requesting expedited treatment of permit requests, the Airport not infrequently processes such requests and issues permits in less than seven days. Last November, less than seven days before Election Day, the Airport received a request from “the International Machinists” 1 to stage a demonstration ahead of the election. The Airport was able to process that request in two days and thereby permit the demonstration before Election Day.
?
——————————
1 Presumably, the International Association of Machinists and Aerospace Workers. ?
———————

B. The Executive Order

On Friday, January 27, 2017, President Trump signed Executive Order 13769 (“Executive Order”). See 82 Fed. Reg. 8977. The Executive Order, among other things, established a 90-day ban on individuals from seven Muslim-majority countries from entering the United States, a 120-day suspension of all refugee admissions, and an indefinite suspension of refugee admissions from Syria. Id. §§ 3(c), 5(a), 5(c). “The impact of the Executive Order was immediate and widespread. It was reported that thousands of visas were immediately canceled, hundreds of travelers with such visas were prevented from boarding airplanes bound for the United States or denied entry on arrival, and some travelers were detained.” Washington v. Trump, ___ F.3d. ___, ___, 2017 WL 526497, at *2 (9th Cir. Feb. 9, 2017). As is well known, demonstrators and attorneys quickly began to assemble at certain American airports, both to protest the Executive Order and potentially to offer assistance to travelers being detained upon arrival.?

C. The January 28 Protest at the Denver Airport

Shortly after 1:00 p.m. on the following day—Saturday, January 28, 2017— Airport public information officer Heath Montgomery e-mailed Defendant Lopez, the police commander responsible for Denver’s police district encompassing the Airport. Lopez was off-duty at the time. Montgomery informed Lopez that he had received media inquiries about a protest being planned for the Airport later that day, and that no Regulation 50 permit had been issued for such a protest.

Not knowing any details about the nature or potential size of the protest, and fearing the possibility of “black bloc” and so-called “anarchist activities,” Lopez coordinated with other Denver Police officials to redeploy Denver Police’s gang unit from their normal assignments to the Airport. Denver Police also took uniformed officers out of each of the various other police districts and redeployed them to the Airport. Lopez called for these reinforcements immediately in light of the Airport’s significant distance from any other police station or normal patrol area. Lopez knew that if an unsafe situation developed, he could not rely on additional officers being able to get to the Airport quickly.

Through his efforts, Lopez was eventually able to assemble a force of about fifty officers over “the footprint of the entire airport,” meaning inclusive of all officers already assigned to the Airport who remained on their normal patrol duties. Lopez himself also came out to the Airport.

In the meantime, Montgomery had somehow learned of an organization known as the Colorado Muslim Connection that was organizing protesters through Facebook. Montgomery reached out to this organization through the Airport’s own Facebook account and informed them of Regulation 50’s permit requirement. (Ex. 32.) One of the Colorado Muslim Connection’s principals, Nadeen Ibrahim, then e-mailed Montgomery “to address the permit.” (Ex. 30.) Ibrahim told Montgomery:

The group of people we have will have a peaceful assembly carrying signs saying welcome here along with a choir and lots of flowers. Our goal is to stand in solidarity with our community members that have been detained at the airports since the signing of the executive order, though they do have active, legal visas/green cards. Additionally, we would like to show our physical welcoming presence for any newly arriving Middle Eastern sisters and brothers with visas. We do not intend to block any access to [the Airport].

(Id.) Montgomery apparently did not construe this e-mail as a permit request, or at least not a properly prepared one, and stated that “Denver Police will not allow a protest at the airport tonight. We are willing to work with you like any other group but there is a formal process for that.” (Id.)

Nonetheless, protesters began to assemble in the late afternoon and early evening in the Airport’s Jeppesen Terminal, specifically in the multi-storied central area known as the “Great Hall.” The Great Hall is a very large, rectangular area that runs north and south. The lower level of the Great Hall (level 5) has an enormous amount of floor space, and is ringed with offices and some retail shops, but the floor space itself is largely taken up by security screening facilities for departing passengers. The only relatively unobstructed area on level 5 is the middle third, which is currently designed primarily as a location for “meeters-and-greeters,” i.e., individuals waiting for passengers arriving from domestic flights who come up from the underground train connecting the Jeppesen Terminal with the various concourses. There is a much smaller meeters-and-greeters waiting area at the north end of level 5, where international arrivals exit from customs screening.

The upper level of the Great Hall (level 6) has much less floor space than level 5 given that it is mostly open to level 5 below. It is ringed with retail shops and restaurants. At its north end is a pedestrian bridge to and from the “A” concourse and its separate security screening area.

Given this design, every arriving and departing passenger at the Airport (i.e., all passengers except those only connecting through Denver), and nearly every other person having business at the airport (including employees, delivery persons, meeters-and-greeters, etc.), must pass through some portion of the Great Hall. In 2016, the Airport served 58.3 million passengers, making it the sixth busiest airport in the United States and the eighteenth busiest in the world. Approximately 36,000 people also work at the airport.

The protesters who arrived on the evening of January 28 largely congregated in the middle third of the Great Hall (the domestic-arrivals meeter-and-greeter area). The protesters engaged in singing, chanting, praying, and holding up signs. At least one of them had a megaphone.

The size of the protest at its height is unclear. The witnesses at the evidentiary hearing gave varying estimates ranging from as low as 150 to as high as 1,000. Most estimates, however, centered in the range of about 200. Lopez, who believed that the protest eventually comprised about 300 individuals, did not believe that his fifty officers throughout the Airport were enough to ensure safety and security for that size of protest, even if he could pull all of his officers away from their normal duties.

Most of the details of the January 28 protest are not relevant for present purposes. Suffice it to say that Lopez eventually approached those who appeared to be the protest organizers and warned them multiple times that they could be arrested if they continued to protest without a permit. Airport administration later agreed to allow the protest to continue on “the plaza,” an area just outside the Jeppesen Terminal to its south, between the Terminal itself and the Westin Hotel. Protesters then moved to that location, and the protest dispersed later in the evening. No one was arrested and no illegal activity stemming from the protest (e.g., property damage) was reported, nor was there any report of disruption to travel operations or any impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal.

D. The January 29 Protest at the Denver Airport

Plaintiffs disagree strongly with the Executive Order and likewise wished to protest it, but, due to their schedules, were unable to participate in the January 28 protest. They decided instead to go to the Airport on the following day, Sunday, January 29. They came that afternoon and stationed themselves at a physical barrier just outside the international arrival doors at the north end of the Great Hall, level 5. They each held up a sign of roughly poster board size expressing a message of opposition to the Executive Order and solidarity with those affected by it. (See Exs. 2, 4, M.)

Plaintiffs were soon approached by Defendant Quiñones, who warned them that they could be arrested for demonstrating without a permit. Plaintiffs felt threatened, as well as disheartened that they could not freely exercise their First Amendment rights then and there. Plaintiffs felt it was important to be demonstrating both at that particular time, given the broad news coverage of the effects of the Executive Order, and at that particular place (the international arrivals area), given a desire to express solidarity with those arriving directly from international destinations—whom Plaintiffs apparently assumed would be most likely to be affected by the Executive Order in some way.

Plaintiffs left the Airport later that day without being arrested, and without incident. They have never returned to continue their protest, nor have they applied for a permit to do so.

E. Permits Since Issued

The airport has since issued permits to demonstrators opposed to the Executive Order. At least one of these permits includes permission for four people to demonstrate in the international arrivals area, where Plaintiffs demonstrated on January 29.

II. REQUESTED INJUNCTION

Plaintiffs have never proposed specific injunction language. In their Motion, they asked for “an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.” (ECF No. 2 at 4.) At the Preliminary Injunction Hearing, Plaintiffs’ counsel asked the Court to enjoin Defendants (1) “from arresting people for engaging in behavior that the plaintiffs or people similarly situated were engaging in,” (2) from enforcing Regulation 50.09 (which forbids non- labor demonstrators from holding up signs within the Jeppesen Terminal), and (3) from administering Regulation 50 without an “exigent circumstances exception.” Counsel also argued that requiring a permit application seven days ahead of time is unconstitutionally long in any circumstance, exigent or not.

III. LEGAL STANDARD

A. The Various Standards

In a sense, there are at least three preliminary injunction standards. The first, typically-quoted standard requires: (1) a likelihood of success on the merits, (2) a threat of irreparable harm, which (3) outweighs any harm to the non-moving party, and (4) that the injunction would not adversely affect the public interest. See, e.g., Awad v. Ziriax, 670 F.3d 1111, 1125 (10th Cir. 2012).

If, however, the injunction will (1) alter the status quo, (2) mandate action by the defendant, or (3) afford the movant all the relief that it could recover at the conclusion of a full trial on the merits, a second standard comes into play, one in which the movant must meet a heightened burden. See O Centro Espirita Beneficiente Uniao do Vegetal v. Ashcroft, 389 F.3d 973, 975 (10th Cir. 2004) (en banc). Specifically, the proposed injunction “must be more closely scrutinized to assure that the exigencies of the case support the granting of a remedy that is extraordinary even in the normal course” and “a party seeking such an injunction must make a strong showing both with regard to the likelihood of success on the merits and with regard to the balance of harms.” Id.

On the other hand, the Tenth Circuit also approves of a

modified . . . preliminary injunction test when the moving party demonstrates that the [irreparable harm], [balance of harms], and [public interest] factors tip strongly in its favor. In such situations, the moving party may meet the requirement for showing [likelihood of] success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.

Verlo v. Martinez, 820 F.3d 1113, 1128 n.5 (10th Cir. 2016). This standard, in other words, permits a weaker showing on likelihood of success when the party’s showing on the other factors is strong. It is not clear how this standard would apply if the second standard also applies.

In any event, “a preliminary injunction is an extraordinary remedy,” and therefore “the right to relief must be clear and unequivocal.” Greater Yellowstone Coal. v. Flowers, 321 F.3d 1250, 1256 (10th Cir. 2003).

B. Does Any Modified Standard Apply?

The status quo for preliminary injunction purposes is “the last peaceable uncontested status existing between the parties before the dispute developed.” Schrier v. Univ. of Colo., 427 F.3d 1253, 1260 (10th Cir. 2005) (internal quotation marks omitted). By asking that portions of Regulation 50 be invalidated, Plaintiffs are seeking to change the status quo. Therefore they must make a stronger-than-usual showing on likelihood of success and the balance of harms.

IV. ANALYSIS

A. Irreparable Harm as it Relates to Standing

Under the circumstances, the Court finds it appropriate to begin by discussing the irreparable harm element of the preliminary injunction test as it relates Plaintiffs’ standing to seek an injunction.

Testimony at the Preliminary Injunction Hearing revealed that certain groups wishing to protest the Executive Order have since applied for and obtained permits. Thus, Plaintiffs could get a permit to demonstrate at the airport on seven days’ advance notice—although Regulation 50.09 would still prohibit them from demonstrating by wearing or holding up signs. In addition, as discussed in more detail below (Part IV.B.3.c), Plaintiffs could potentially get a permit to hold a protest parade on public streets in the City and County of Denver with as little as 24 hours’ notice. And as far as the Court is aware, the two Plaintiffs may be able to stand on any public street corner and hold up signs without any prior notice or permit requirement. Thus, Plaintiffs’ alleged irreparable harm must be one or both of the following: (1) the prospect of not being able to demonstrate specifically at the airport on less than seven days’ notice, or (2) the inability to picket in opposition to the government action they oppose—that is, the inability to hold up “signs, posters or similar devices” while engaging in expressive activity at the airport. The Court finds that the second of these options is a fairly traditional allegation of First Amendment injury—even if they do apply for and obtain a permit, by the express terms of Regulation 50.09 Plaintiffs will not be allowed to carry or hold up signs, posters, or the like. The first option, however, requires more extensive discussion and analysis.

The rapidly developing situation that prompted Plaintiffs to go to the Airport on January 29 has since somewhat subsided. The Executive Order remains a newsworthy topic, but a nationwide injunction now prevents its enforcement, see Washington, ___ F.3d at ___, 2017 WL 526497, at *9, and—to the Court’s knowledge—none of the most urgent effects that led to airport-based protests, such as individuals being detained upon arrival, have since repeated themselves. Nonetheless, the circumstances that prompted this lawsuit reveal a number of unassailable truths about “freedom of speech . . . [and] the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” U.S. Const. amend. I.

One indisputable truth is that the location of expressive activity can have singular First Amendment significance, or as the Tenth Circuit has pithily put it: “Location, location, location. It is cherished by property owners and political demonstrators alike.” Pahls v. Thomas, 718 F.3d 1210, 1216 (10th Cir. 2013). The ability to convey a message to a particular person is crucial, and that ability often turns entirely on location.

Thus, location has specifically been at issue in a number of First Amendment decisions. See, e.g., McCullen v. Coakley, 134 S. Ct. 2518, 2535 (2014) (abortion protesters’ ability to approach abortion clinic patrons within a certain distance); Pahls, 718 F.3d at 1216–17 (protesters’ ability to be in a location where the President could see them as his motorcade drove past); Citizens for Peace in Space v. City of Colo. Springs, 477 F.3d 1212, 1218–19 (10th Cir. 2007) (peace activists’ ability to be near a hotel and conference center where a NATO conference was taking place); Tucker v. City of Fairfield, 398 F.3d 457, 460 (6th Cir. 2005) (labor protesters’ ability to demonstrate outside a car dealership); Friends of Animals, Inc. v. City of Bridgeport, 833 F. Supp. 2d 205, 207–08 (D. Conn. 2011) (animal rights protesters’ ability to protest near a circus), aff’d sub nom. Zalaski v. City of Bridgeport Police Dep’t, 475 F. App’x 805 (2d Cir. 2012).

Another paramount truth is that the timing of expressive activity can also have irreplaceable First Amendment value and significance: “simple delay may permanently vitiate the expressive content of a demonstration.” NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1356 (9th Cir. 1984); see also American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”); Church of Am. Knights of Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (“given that . . . political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech”); Douglas v. Brownell, 88 F.3d 1511, 1524 (8th Cir. 1996) (“The five-day notice requirement restricts a substantial amount of speech that does not interfere with the city’s asserted goals of protecting pedestrian and vehicle traffic, and minimizing inconvenience to the public.”).

This case provides an excellent example of this phenomena given that —whether intentionally or not— the President’s announcement of his Supreme Court nomination on January 31 (four days after signing the Executive Order) permitted the President to shift the media’s attention to a different topic of national significance. Thus, the inability of demonstrators to legally “strike while the iron’s hot” mattered greatly in this instance. Cf. City of Gary, 334 F.3d at 682 (in the context of a 45-day application period for a parade, noting that “[a] group that had wanted to hold a rally to protest the U.S. invasion of Iraq and had applied for a permit from the City of Gary on the first day of the war would have found that the war had ended before the demonstration was authorized”).

These principles are not absolute, however, nor self-applying. The Court must analyze them in the specific context of the Airport. But for present purposes, the Court notes that the Plaintiffs’ alleged harm of being unable to protest at a specific location on short notice states a cognizable First Amendment claim. In addition, by its very nature, this is the sort of claim that is “capable of repetition, yet evading review.” S. Pac. Terminal Co. v. Interstate Commerce Comm’n, 219 U.S. 498, 515 (1911). Here, “the challenged action”—enforcement of the seven-day permit requirement during an event of rapidly developing significance —“was in its duration too short to be fully litigated prior to its cessation or expiration.” Weinstein v. Bradford, 423 U.S. 147, 149 (1975). Further, “there [is] a reasonable expectation that the same complaining party would be subjected to the same action again.” Id. More specifically, the Court credits Plaintiffs’ testimony that they intend to return to the Airport for future protests, and, given continuing comments by the Trump Administration that new immigration and travel- related executive orders are forthcoming, the Court agrees with Plaintiffs that it is reasonably likely a similar situation will recur —i.e., government action rapidly creating consequences relevant specifically to the Airport.

Thus, although the prospect of being unable to demonstrate at the Airport on short notice is not, literally speaking, an “irreparable harm” (because the need for such demonstration may never arise again), it is nonetheless a sufficient harm for purposes of standing and seeking a preliminary injunction.

The Court now turns to the heart of this case—whether Plaintiffs are likely to succeed on the merits of their claims. Following that, the Court will reprise the irreparable harm analysis in the specific context of the likelihood-of-success findings.

B. Likelihood of Success on the Merits

Evaluating likelihood of success requires evaluating the substantive merit of Plaintiffs’ claim that Regulation 50, or any portion of it, violates their First Amendment rights. To answer this question, the Supreme Court prescribes the following analysis:

1. Is the expression at issue protected by the First Amendment? ?

2. If so, is the location at issue a traditional public forum, a designated public ?forum, or a nonpublic forum? ?

3. If the location is a traditional or designated public forum, is the ?government’s speech restriction narrowly tailored to meet a compelling ?state interest? ?

4. If the location is a nonpublic forum, is the government’s speech restriction ? ?reasonable in light of the purpose served by the forum, and viewpoint neutral?

See Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 797–806 (1985).

The Court will address these inquiries in turn.

1. Does the First Amendment Protect Plaintiffs’ Expressive Conduct?

The Court “must first decide whether [the speech at issue] is speech protected by the First Amendment, for, if it is not, we need go no further.” Id. at 797. There appears to be no contest that the sorts of activities Plaintiffs attempted to engage in at the Airport (including holding up signs) are expressive endeavors protected by the First Amendment. Accordingly, the Court deems it conceded for preliminary injunction purposes that Plaintiffs are likely to succeed on this element of the Cornelius analysis.

2. Is the Jeppesen Terminal a Public Forum (Traditional or Designated)?

The Court must next decide whether the Jeppesen Terminal is a public forum:

. . . the extent to which the Government can control access [to government property for expressive purposes] depends on the nature of the relevant forum. Because a principal purpose of traditional public fora is the free exchange of ideas, speakers can be excluded from a public forum only when the exclusion is necessary to serve a compelling state interest and the exclusion is narrowly drawn to achieve that interest. Similarly, when the Government has intentionally designated a place or means of communication as a public forum[,] speakers cannot be excluded without a compelling governmental interest. Access to a nonpublic forum, however, can be restricted as long as the restrictions are reasonable and are not an effort to suppress expression merely because public officials oppose the speaker’s view.

Id. at 800 (citations and internal quotation marks omitted; alterations incorporated).

a. Is the Jeppesen Terminal a Traditional Public Forum??

Plaintiffs claim that “[t]he Supreme Court has not definitively decided whether airport terminals . . . are public forums.” (ECF No. 2 at 7.) This is either an intentional misstatement or a difficult-to-understand misreading of the most relevant case (which Plaintiffs repeatedly cite), International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 679 (1992) (“Lee”).

The plaintiffs in Lee were disseminating religious literature and soliciting funds at the airports controlled by the Port Authority of New York and New Jersey (JFK, LaGuardia, and Newark). Id. at 674–75. By regulation, however, the Port Authority prohibited “continuous or repetitive” person-to-person solicitation and distribution of literature. Id. at 675–76. The Second Circuit held that the airports were not public fora and that the regulation was reasonable as to solicitation but not as to distribution. Id. at 677. The dispute then went to the Supreme Court, which granted certiorari specifically “to resolve whether airport terminals are public fora,” among other questions. Id.

The Court answered the public forum question in the negative. Relying on the historical use of airport terminals generally, the Court found that “the tradition of airport activity does not demonstrate that airports have historically been made available for speech activity.” Id. at 680. “Nor can we say,” the Court continued, “that these particular terminals, or airport terminals generally, have been intentionally opened by their operators to such activity; the frequent and continuing litigation evidencing the operators’ objections belies any such claim.” Id. at 680–81. Then, invoking the reasonableness test that applies to government regulation of nonpublic fora, the Court affirmed the Second Circuit’s holding that the solicitation ban was reasonable. Id. at 683–85.

Five justices (Rehnquist, White, O’Connor, Scalia, and Thomas) joined all of the major rulings regarding the solicitation ban, including the nonpublic forum status of airport terminals and the reasonableness of the ban. The outcome regarding the distribution ban, however, commanded no majority opinion. Justice O’Connor, applying the reasonableness standard for nonpublic fora, agreed with the Second Circuit that the distribution ban was not reasonable. Id. at 690–93 (opn. of O’Connor, J.). Justice Kennedy, joined in relevant part by Justices Blackmun, Stevens, and Souter, agreed that the Second Circuit’s judgment regarding the distribution ban should be affirmed, but on different grounds, namely, under a strict scrutiny test (because these justices believed that the airport terminals should be deemed a public forum). Id. at 708–10 (opn. of Kennedy, J.). The result was that the Second Circuit’s invalidation of the distribution ban was affirmed without any opinion commanding a majority view.

Regardless of the outcome with respect to the distribution ban, it is beyond debate that five Supreme Court justices in Lee agreed that airport terminals are not public fora. Id. at 680–81. The Tenth Circuit has acknowledged this holding. Mocek v. City of Albuquerque, 813 F.3d 912, 930 (10th Cir. 2015) (“As an initial matter, an airport is a nonpublic forum, where restrictions on expressive activity need only ‘satisfy a requirement of reasonableness.’” (quoting Lee, 505 U.S. at 683)). Notably, Plaintiffs have cited no case in which any court anywhere has deemed an airport to be a public forum.

b. Is the Jeppesen Terminal a Designated Public Forum??

Even though the Jeppesen Terminal is not a traditional public forum, Denver could still designate it as a public forum if Denver “intentionally [opens the Jeppesen Terminal] for public discourse.” Cornelius, 473 U.S. at 802. Denver denies that it has done so, and Plaintiffs’ arguments to the contrary lack merit.

i. Terminal Visitors’ Incidental Expressive Activities

Plaintiffs argue that visitors to the Jeppesen Terminal “engage in First Amendment activity; they wear buttons, shirts, and hats that convey distinct messages to other visitors. They engage in one-on-one conversations.” (ECF No. 21 at 3.) Thus, Plaintiffs say, Denver has designated a public forum within the Jeppesen Terminal.

The Tenth Circuit has already foreclosed this argument. Addressing the public forum status of the Denver Performing Arts Complex, the Court stated the following: “Even if Denver allowed patrons to wear political buttons or shirts with slogans, this would not be sufficient to establish a designated public forum. The First Amendment does not require the government to impose a ‘zone of silence’ on its property to maintain its character as a nonpublic forum.” Hawkins v. City & Cnty. of Denver, 170 F.3d 1281, 1288 (10th Cir. 1999).

Indeed, even if it wanted to, Denver almost certainly could not impose such a “zone of silence,” as illustrated by Board of Airport Commissioners of City of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987). There, the Los Angeles airport authority adopted a resolution announcing that “the Central Terminal Area at Los Angeles International Airport [LAX] is not open for First Amendment activities.” Id. at 570–71 (internal quotation marks omitted). The Supreme Court found that this provision did not “merely reach the activity of [the religious proselytizers who challenged it],” but also prohibited

even talking and reading, or the wearing of campaign buttons or symbolic clothing. Under such a sweeping ban, virtually every individual who enters LAX may be found to violate the resolution by engaging in some “First Amendment activit[y].” We think it obvious that such a ban cannot be justified even if LAX were a nonpublic forum because no conceivable governmental interest would justify such an absolute prohibition of speech.

Id. at 574–75. Thus, the evidence at the Preliminary Injunction Hearing established beyond any possible dispute that Denver has shown no intent to designate the Airport as a public forum by allowing speech at that location which it may not disallow in the first instance.

ii. The Effect of Regulation 50 Itself?

Plaintiffs further argue, “Regulation 50 states that free speech activity is proper in the Jeppesen Terminal (pursuant to a restriction). Denver has [thus] designated the Jeppesen Terminal a public forum for leafleting, conducting surveys, displaying signs, gathering signatures, soliciting funds, and other speech related activity for religious, charitable, or political purposes.” (ECF No. 21 at 3–4.) Although clever, this argument cannot be correct. 2

First, the Airport knows from the Supreme Court’s Jews for Jesus decision, just discussed, that it cannot prohibit all behavior that can be characterized as First Amendment-protected expressive activity.

Second, the Airport also knows from the Lee decision that it likely cannot completely ban some forms of intentional First Amendment communication (such as leafleting) given that the Jeppesen T erminal, like the Port Authority terminals at issue in Lee, is a large multipurpose facility that can reasonably accommodate some amount of intentional First Amendment activity. So, again, the Airport’s choice to regulate what it could not prohibit in the first place is not evidence of intent to designate a public forum. See Stanton v. Fort Wayne-Allen Cnty. Airport Auth., 834 F. Supp. 2d 865, 872 (N.D. Ind. 2011) (“[t]he designation of certain free speech zones, along with the permit requirement and limitation of expression to certain times, manners, and places as set forth in the permit, are marks of the Airport Authority’s attempt to restrict public discourse, and are inconsistent with an intent to designate a public forum” (emphasis in original)).

Third, Plaintiffs’ position, if accepted, would likely turn out to chill expressive speech in the long run. If a government will be deemed to have designated a public forum every time it accommodates citizens’ natural desire to engage in expressive activity in a nonpublic forum, governments will likely cut back on such accommodations as far as they are constitutionally allowed. Cf. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46 (1983) (government may un-designate a designated public forum).

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2 Plaintiffs have unsurprisingly cited no decision from any court adopting their reasoning.
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iii. “Welcome Home” Messages?

Plaintiffs finally argue that “[s]ome individuals (who, importantly, are not airlines passengers) hold signs welcoming home loved ones or those returning from overseas deployment.” (ECF No. 21 at 3.) The Court will address signs welcoming home veterans and active-duty military members in Part IV.B.3.f, below, and for the reasons stated there finds that this practice, to the extent it exists, does not show intent to designate a public forum. As for welcoming home loved ones, the Court sees no greater religious, charitable, political, or labor-related significance in a typical welcome home sign than standing in the meeter-and-greeter area with a pleasant smile.

In any event, to the extent a welcome home sign has greater significance, “[t]he government does not create a public forum by inaction.” Cornelius, 473 U.S. at 802. Thus, simple failure to enforce Regulation 50 against such signholders is not itself sufficient to infer that the Airport intended to designate a public forum. And finally, even if the Court were to find such an intent, the Court would still be required to consider whether the Airport only intended to designate a public forum specifically for, e.g., those wishing to convey welcome home messages: “A public forum may be created for a limited purpose such as use by certain groups, or for the discussion of certain subjects.” Perry, 460 U.S. at 45 n.7 (1983) (citations omitted). Plaintiffs have nowhere addressed this.

For all these reasons, Plaintiffs have failed to demonstrate that the Jeppesen Terminal is a designated public forum. 3

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3 Plaintiffs also attack Regulation 50 as a “prior restraint.” (ECF No. 2 at 6–7.) “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4-14 (1984)) (emphasis in original). Whether or not that definition could fit Regulation 50, it adds nothing to this case because the Supreme Court’s forum analysis provides the governing principles.
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3. Given that the Jeppesen Terminal Is Not a Public Forum, Is Regulation 50 Reasonable in Light of the Purposes Served by the Airport, and Is It Viewpoint-Neutral?

a. Reasonableness of the Need for a Permit Submitted in Advance, Generally

Reasonableness is a fact-intensive inquiry into the “particular nature of the public expression” at issue and “the extent to which it interferes with the designated purposes” of the nonpublic forum. Hawkins, 170 F.3d at 1290. Justice O’Connor’s concurring opinion in Lee is significant here, both because of its reasoning and because it has reached the somewhat paradoxical status of a “controlling concurrence.” See id. at 1289 (“In actuality, [Justice O’Connor’s reasonableness analysis in Lee] constitutes only Justice O’Connor’s view, who provided the swing vote in the highly-fractured Lee decision, but as the narrowest majority holding, we are bound by it.”).

In Lee, Justice O’Connor noted the Port Authority’s airports were not single-purpose facilities (unlike many other locations where the Supreme Court had previously examined speech restrictions). 505 U.S. at 688. Rather, the airports were “huge complex[es] open to travelers and nontravelers alike,” id. at 688, and had essentially become “shopping mall[s] as well as . . . airport[s],” id. at 689. The question, then, was whether Port Authority’s restrictions were “reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id.

Justice O’Connor’s description of the Port Authority Airports aptly describes the Jeppesen Terminal, to an extent. The Great Hall is lined with restaurants and retail establishments, and in that sense is reminiscent of a shopping mall. On the other hand, most of the floor space on level 6 is simply the floor space needed to get from location to location (the equivalent of wide hallways), and most of the floor space on level 5 is dedicated to security screening. The only large area that is usually free of significant obstructions is the central meeter-and-greeter area—and even that area has at times been taken up by art installations or other features. 4

Moreover, despite certain characteristics of the Airport that may resemble a shopping mall, the Airport’s undisputed primary purpose is to facilitate safe and efficient air travel. The need for safety hopefully needs no discussion —for decades, airports and airplanes have been the specific target of terrorists. As for efficiency, the significance of the Great Hall within the Jeppesen Terminal is particularly evident given that it is the node through which every arriving and departing passenger must pass. As noted, the Airport served 58.3 million passengers last year. Even assuming that just 20 million (about a third) were arrivals and departures (the remainder being those who connect through without reaching the Jeppesen Terminal), this still comes to more than 55,000 passengers moving through the Great Hall per day, or about 2,300 per hour. If the Airport could somehow maintain precisely that average over all days and hours of its operation —which of course never happens— it would still be the equivalent of perpetually filling and emptying a large concert hall every hour.

In this light, the Airport’s general purposes for requiring demonstrators to apply for a permit in advance are difficult to question. As stated by the various Airport administrators who testified at the Preliminary Injunction Hearing (Ken Greene, chief operations officer; Patrick Heck, chief commercial officer; and Dave Dalton, assistant director for terminal operations), it is important for the Airport to have advance notice regarding the presence of individuals coming for reasons other than normal airport- related activities, and particularly those who come to the airport intending to attract the attention of passengers and others. The Airport needs an opportunity to determine the appropriate location for a group of the requested size in light of the day(s) and time(s) requested. The permitting requirement also gives the Airport the opportunity to point out Regulation 50’s code of conduct (Regulation 50.08), so that demonstrators know what activities are and are not permissible.

In addition, the Airport fairly desires an opportunity to understand the nature of the expressive activity, which can inform whether additional security is needed. As Lopez’s testimony illustrates, it is not a simple matter to bring additional police officers to the Airport on a moment’s notice. Lopez further pointed out the advantage of understanding the subject matter of the dispute so that he can anticipate whether counter-protesters might arrive and potentially create at least a difficult, if not dangerous, situation.

Importantly, Denver does not need to prove that any particular past event has raised serious congestion or safety concerns: “Although Denver admits that plaintiffs did not cause any congestion problems or major disruption on the particular occasion that they demonstrated . . . , that is not dispositive. ‘[T]he Government need not wait until havoc is wreaked to restrict access to a nonpublic forum.’” Hawkins, 170 F.3d at 1290 (quoting Cornelius, 473 U.S. at 810). Thus, the Airport may reasonably require a permit applied for in advance. The Court does not understand Plaintiffs to be arguing to the contrary, i.e., that the Airport is never justified in requiring an advance permit under any circumstances.

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4 Plaintiffs’ Exhibit 15, for example, is a photograph of the meeter-and-greeter area in 2008, and shows that a fountain occupied a significant portion of floor space at the time.
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?b. Reasonableness of the Seven-Day Requirement, Specifically

Plaintiffs do attack Regulation 50.03’s requirement that permit applications be submitted seven days in advance of the desired activity, apparently arguing that this is unconstitutionally unreasonable in all circumstances. Given both Plaintiffs’ testimony at the Preliminary Injunction Hearing, it is not clear that they would be satisfied by a shorter advance-notice period, nor that it would redress their claimed injury —the inability to protest essentially at a moment’s notice on a topical event. But, to the extent Plaintiffs are challenging the seven-day requirement through the overbreadth doctrine (see Part IV.B.4, below), the Court finds that they have not met their higher burden (or even the normal preliminary injunction burden) to show that they are likely to succeed on proving the seven-day requirement unreasonable in all circumstances.

The Airport’s witnesses were not aware of any other airport with a seven-day requirement. The Indiana airport at issue in the Stanton case —which Defendants have relied upon heavily— had a two-day notice requirement, and also a provision by which the airport could accept an application on even shorter notice. 834 F. Supp. 2d at 870. On the other hand, that Airport handled about 40,000 departing and arriving passengers per month, id. at 868, whereas the Denver Airport handles far more than that per day.

The Court’s own research has revealed that airports ahead of the Denver Airport in 2016 passenger statistics have varied requirements:

• O’Hare International Airport (Chicago) — six business days, see Chicago Department of Aviation Amended Rules and Regulations Governing First Amendment Activities at the City of Chicago Airports § 3(A) (Sept. 18, 2015), available at http://www.flychicago.com/SiteCollectionDocuments/ OHare/AboutUs/cdaamendedRulesandRegs.pdf (last accessed Feb. 16, 2017);

• Dallas-Fort Worth International Airport — three business days, see Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, ch. 3, § 4, art. VI(A) (2006), available at https://www.dfwairport.com/cs/groups/public/documents/webasset/p1_008800.pdf (last accessed Feb. 16, 2017); ?

• John F. Kennedy International Airport (New York City) — twenty-four hours, see Port Authority of New York and New Jersey Airport Rules and Regulations § XV(B)(2)(a) (Aug. 4, 2009), available at http://www.panynj.gov/airports/pdf/Rules_Regs_Revision_8_04_09.pdf (last accessed Feb. 16, 2017). ??

Obviously there is no clear trend. Depending on how these airports define “business day,” some of these time periods may actually be longer than the Denver Airport’s seven-day requirement. ?

In any event, Plaintiffs have never explained how the Airport, in its particular circumstances, cannot reasonably request seven days’ advance notice as a general rule. Indeed, Plaintiffs could not cite to this Court any case holding that any advance notice requirement applicable to a nonpublic forum was unconstitutional in all circumstances. Accordingly, Plaintiffs have not made a strong showing of likelihood of success on this particular theory of relief.

c. Reasonableness of the Regulation 50.03’s Lack of a Formal Process for Handling Permit Application More Quickly in Exigent Circumstances

Plaintiffs would prefer that they be allowed to demonstrate at the Airport without any advance notice in “exigent circumstances.” Given the serious and substantial purposes served by an advance notice requirement, the Court cannot say that Plaintiffs are likely to succeed on this score. Plaintiffs have given the Court no reason to hold that the Airport has a constitutional duty, even in exigent circumstances, to accommodate demonstrators as they show up, without any advance warning whatsoever.

Nonetheless, the Airport’s complete lack of any formal mechanism for at least expediting the permit application process in unusual circumstances raises a substantial and serious question for this Court. As noted in Part IV.A, above, timing and location are cardinal First Amendment considerations, and a number of cases regarding public fora (streets and parks) have held or strongly suggested that an advance notice requirement is unconstitutional if it does not account for the possibility of spontaneous or short-notice demonstrations regarding suddenly relevant issues.

Indeed, as the undersigned pointed out to Defendants’ counsel at the Preliminary Injunction Hearing, Denver itself is willing to accept an application for a street parade on twenty-four hours’ notice (as opposed to its standard requirement of thirty days) “if the proposed parade is for the purpose of spontaneous communication of topical ideas that could not have been foreseen in advance of [the] required application period or when circumstances beyond the control of the applicant prevented timely filing of the application.” Denver Mun. Code § 54-361(d). But again, this governs a public forum (city streets), where time, place, and manner restrictions such as this must satisfy a narrow tailoring analysis and leave open ample alternative channels for communication. See Perry, 460 U.S. at 45. As the above discussion makes clear, under controlling authority the Airport need not satisfy the same legal standards.

The parties have not cited, nor has the Court located, any case specifically discussing the need for a nonpublic forum to accommodate short-notice demonstrations. But the Court likewise has not found any case expressly precluding that consideration when evaluating reasonableness in the context of a nonpublic forum. It is perhaps unsurprising that the specific question has never come up in a nonpublic forum until now. The Court believes it to be an accurate observation that this country has never before experienced a situation in which (a) the motivation to protest developed so rapidly and (b) the most obviously relevant protest locations was a place the Supreme Court had already declared to be a nonpublic forum—the airport terminal.

When evaluating the reasonableness of a First Amendment restriction in a nonpublic forum, the Court concludes that it may appropriately consider the ability to shorten an advance notice requirement in a place like the Airport, given how unique airports are within the category of nonpublic fora. As Justice O’Connor noted in Lee, most of the Supreme Court’s major nonpublic forum cases aside from airport cases have involved

discrete, single-purpose facilities. See, e.g., [United States v.] Kokinda, [497 U.S. 720 (1990)] (dedicated sidewalk between parking lot and post office); Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U.S. 788 (1985) (literature for charity drive); City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984) (utility poles); Perry, supra (interschool mail system); Postal Service v. Council of Greenburgh Civic Assns., [453 U.S. 114 (1981)] (household mail boxes); Adderley v. Florida, 385 U.S. 39 (1966) (curtilage of jailhouse).

505 U.S. at 688 (parallel citations omitted). As Justice O’Connor observed, however, many airports have become large, multipurpose facilities, see id. at 688–89, and that describes the Denver Airport well. To be sure, the reason for expanding beyond the bare minimum of infrastructure needed to handle travelers and airplanes is to promote air travel—to make the airport a more convenient and welcoming location specifically (although not exclusively) for travelers—but the reasonableness of First Amendment restrictions must nonetheless be judged according to the “multipurpose environment that [airport authorities] ha[ve] deliberately created.” Id. at 689.

Moreover, modern airports are almost always owned and operated by a political body, as well as secured by government employees. Thus, short-notice demonstrations reasonably relevant to an airport are also reasonably likely to be demonstrations about political or otherwise governmental topics, “an area in which the importance of First Amendment protections is at its zenith.” Meyer v. Grant, 486 U.S. 414, 425 (1988) (internal quotation marks omitted).

Given all this, and in light of the First Amendment interests in location and timing that this very case has made salient, the Court finds it unreasonable for the Airport to have no formal process by which demonstrators can obtain an expedited permit when -to borrow from the Denver parade ordinance— they seek to communicate topical ideas reasonably relevant to the Airport, the immediate importance of which could not have been foreseen in advance of the usual seven-day period, or when circumstances beyond the control of the applicant prevented timely filing of the application. The Court further finds in the particular circumstances of the Airport that reasonableness requires a process by which an applicant who faces such circumstances can request a permit on twenty-four hours’ notice. If this is all the notice Denver needs to prepare for a street parade, the Court can see no reason why more notice is needed (in exigent circumstances) for a substantially more confined environment like the Airport. 5

Accordingly, the Court finds that Plaintiffs are strongly likely to succeed in their challenge to Regulation 50.03 to this limited extent.

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5 At the Preliminary Injunction Hearing, Defendants’ counsel argued that preparing for a street parade is actually easier than preparing for demonstrations at the airport. The Court cannot fathom how this could possibly be the case, at least when comparing a typical street parade request to the typical Airport demonstration request. Indeed, the normal street parade request window is thirty days, suggesting just the opposite. Denver Mun. Code § 54-361(d). The challenges may be different, but the Court cannot accept—on this record, at least—that Airport demonstrations on average require more preparation time than do public parades or marches.
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d. Reasonableness of the Airport’s Power to Control the Location of Permitted Expressive Activity

At the Preliminary Injunction Hearing, it became clear that Plaintiffs not only wish for a more expansive right to protest in the Jeppesen T erminal, but they also argue for the right to select precisely where in the Terminal they should be allowed to stand. The Court recognizes that, from Plaintiffs’ perspective, their message is diluted if they cannot demonstrate in the international arrivals area, and this is a legitimate concern for all the reasons discussed previously about the power of location when conveying a message. The Court must also account, however, for Airport administrators’ superior knowledge about airport operations, foot traffic patterns, concerns particular to the specific day of the protest, and so forth.

?Regulation 50.04-1 requires permit applicants to specify “each location at which the [expressive] activity is proposed to be conducted,” but nowhere in Regulation 50 is there any limitation on the Airport’s discretion whether to approve the location request. Rather, the only provision addressing this topic is Regulation 50.04-6, which applies to a demonstration already underway: “The CEO may move expressive activity from one location to another and/or disperse such activity around the airport upon reasonable notice to each affected person when in the judgment of the CEO such action is necessary for the efficient and effective operation of the transportation function of the airport.”

There is no evidence that Airport administrators are using their discretion when approving a demonstration’s location to suppress or dilute a particular message, but there is also no logical reason to leave Airport administrators’ discretion essentially unfettered at the permitting stage while restricting it once the demonstration is underway. The Court finds Plaintiffs are likely to succeed at least in proving that Regulation 50.04-1 is unreasonable to the extent the Airport’s discretion is not restrained to the same degree as in Regulation 50.04-6. Defendants will therefore be enjoined to follow the same restraints in both settings.

e. Reasonableness of Regulation 50.09’s Prohibition of Signage Within the Jeppesen Terminal, and Regulation 50.08-12’s Limitation of All Signs to One Square Foot

Regulation 50.09 establishes that “picketing” (defined to include “displaying one or more signs, posters or similar devices,” Regulation 50.02-8) is totally prohibited in the Jeppesen Terminal unless as part of a labor protest. And, under Regulation 50.08-12, any permissible sign may be no larger than “one foot by one foot in size.”

?Any argument that the picketing ban is reasonable in the context of the Airport is foreclosed by Justice O’Connor’s analysis of the leafleting band at issue in Lee. See 505 U.S. at 690–93. Leafleting usually involves an individual moving around, at least within a small area, and actively offering literature to passersby. Signholding is usually less obtrusive, given that the signholder often stays within an even smaller area and conveys his or her message passively to those who walk by and notice the sign. The Court simply cannot discern what legitimate or reasonable Airport purpose is served by a complete ban on “picketing” or signholding among permitted demonstrators in the Jeppesen Terminal.

The Court also finds the one-foot-by-one-foot signage restriction unreasonable. The Airport has a legitimate interest in regulating the size of signs, as well as other aspects of their display (such as whether they will be held in the air, as in traditional picketing), but a one-foot-by-one-foot restriction is barely distinguishable, both legally and as a factual matter, from a complete ban. The point of a sign is to make a message readable from a distance. Few messages of substance are readable from any kind of distance if they must be condensed into one foot square. Reasonableness instead requires the Airport to consider the size of the signs that a permit applicant wishes to display as compared to the needs and limitations of the location where the applicant will demonstrate. Any restriction by the Airport which limits the size of a permit applicant’s signage beyond that which may be reasonably required to prevent the restriction or impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal will be preliminarily enjoined.

f. Viewpoint Neutrality

?A nonpublic forum is not required to be content-neutral, but it is required to be viewpoint-neutral with respect to the First Amendment activity it permits. Hawkins, 170 F.3d at 1288. Regulation 50, on its face, is viewpoint neutral, and Plaintiffs do not argue otherwise. Rather, they say that “Regulation 50 is being enforced as a clearly view-point-based restriction.” (ECF No. 2 at 14 (emphasis added).) This appears to be an as-applied challenge:

Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest.

(Id.) Denver responds:

The permit requirement furthers the nonpublic forum purpose by mitigating disruption at the airport by individuals who choose to be at the airport for non-travel related activities. In Stanton, the [Northern District of Indiana] rejected this exact argument challenging a nearly identical permitting rule of the Fort Wayne-Allen County Airport on an as applied basis by distinguishing between incidental expressive activities by members of the traveling public versus those arriving at the airport solely for purposes of engaging in expressive speech. Any messages a traveler or individual picking up a family member conveys by wearing T-shirts or hats are “incidental to the use of the Airport’s facilities” by persons whose “primary purpose for being present at the Airport is a purpose other than expressing free speech rights,” which is different in kind than individuals arriving at an airport whose primary purpose is expressive speech. Id. at 880–882.

(ECF No. 20 at 11 (emphasis added).)?

This argument obviously relies on a particular interpretation of Regulation 50 (given that the Regulation itself makes no explicit distinction between those who arrive at the airport for travel-related purposes and those who do not). Nonetheless, this is how Airport administrators interpret Regulation 50, as they made clear at the Preliminary Injunction Hearing. They also made clear that they have never sought to enforce Regulation 50 against someone wearing a political shirt, for example, while on airport-related business. Plaintiffs’ own arguments support the sincerity of the Airport administrators’ testimony. By Plaintiffs’ own admission, they are unaware of anyone going about his or her typical airport-related business who has been arrested or even threatened with arrest for wearing a political shirt, discussing politics, etc.

At the Preliminary Injunction Hearing, Plaintiffs attempted to present an as- applied viewpoint discrimination case by showing that the Airport regularly allows individuals to hold rallies, display signs, and so forth, for returning servicemembers and veterans, yet without requiring those individuals to obtain a permit under Regulation 50. The Court agrees that pro-military and pro-veteran messages are political statements, at least to the extent being conveyed by someone not at the Airport to welcome home a relative or loved one (and perhaps even by those persons as well). Thus, it would seem that pro-military messages would fall under Regulation 50. However, Plaintiffs have failed at this stage to show that the Airport’s alleged treatment of pro-military and pro-veteran messages amounts to viewpoint discrimination.

At the outset, Plaintiffs fail to note the subjective element of their claim: “viewpoint discrimination in contravention of the First Amendment requires a plaintiff to show that the defendant acted with a viewpoint-discriminatory purpose.” Pahls, 718 F.3d at 1230. In that light, it is tenuous to suggest that allowing (allegedly) unpermitted pro-military or pro-veteran expression at various times in the past but not allowing these recent unpermitted protests against the Executive Order is evidence of viewpoint discrimination. The question of whether our nation should honor servicemembers and the question of how our nation should treat foreign nationals affected by the Executive Order are not really in the same universe of discourse. To bridge the gap, it takes a number of assumptions about where pro-military attitudes tend to fall in the American political spectrum, and what people with those attitudes might also think about the Executive Order. This would be a fairly tall order of proof even outside the preliminary injunction context.

Moreover, Plaintiffs’ evidence of unpermitted pro-military expression is fairly weak. Plaintiffs’ main example is the activities of the Rocky Mountain Honor Flight, an organization that assists World War II veterans to travel to Washington, D.C., and visit the World War II Memorial, and then welcomes them home with a large and boisterous rally held in the meeter-and-greeter portion of the Great Hall. A former servicemember who helped to organize one of these rallies testified that she inquired of a more-senior organizer whether the Airport required any special procedures, and the answer she received was “no.” However, Airport administrators presented unrebutted testimony that Rocky Mountain Honor Flight rallies are planned far in advance and sponsored by the Airport itself, in connection with TSA and certain airlines. The Airport does not need a Regulation 50 permit for its own expressive activities, and a government entity’s expression about a topic is not a matter of First Amendment concern. See Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009) (“The Free Speech Clause restricts government regulation of private speech; it does not regulate government speech.”).

Apart from the Rocky Mountain Honor Flight, Plaintiffs’ evidence comprises photos they gleaned from a Getty Images database showing individuals over the last decade or so being greeted at the Airport by persons holding signs. Some of these signs appear to be simple “welcome home” signs directed at specific returning family members. In the obviously servicemember-related photos, American flags are common. The Court finds that these photos, presented out of context, are not sufficient evidence to make a strong showing of likelihood of success regarding viewpoint discrimination, particularly the subjective intent requirement. Thus, the Court finds no reason for an injunction based on alleged viewpoint-discriminatory conduct. 6

————
6 Even if Plaintiffs’ evidence were enough, the Court would find at this stage of this litigation that the only injunctive relief appropriate in light of the balance-of-harms and public interest considerations, below, would be an injunction to enforce Regulation 50 evenhandedly. Such an outcome would not advance Plaintiffs’ interests here.
———

4. Is Regulation 50 Overbroad or Vague?

Plaintiffs bring both overbreadth and vagueness challenges to Regulation 50, which, in this case, are really two sides of the same coin. If a speech regulation’s sweep is unclear and may potentially apply to protected conduct, a court may invalidate the regulation as vague; whereas if the regulation actually applies to unprotected as well as protected speech, an individual who violates the regulation through unprotected speech may nonetheless challenge the entire statute as overbroad. See Grayned v. City of Rockford, 408 U.S. 104, 108–09, 114–15 (1972); 1 Smolla & Nimmer on Freedom of Speech ch. 6 (Oct. 2016 update). Here, Plaintiffs argue either that Regulation 50 is overbroad because it forbids (without a permit) protected conduct such as wearing a political hat while walking to one’s flight (ECF No. 2 at 16–18); or it is vague because it is unclear to what it applies precisely, given that Plaintiffs have seen Regulation 50 enforced against themselves but not against those who wear political hats or buttons, who are welcoming home military veterans, etc., all of whom are “seemingly in violation” of the Regulation (id. at 18–20).

The first task, then, is to determine what Regulation 50 actually encompasses. Again, the Regulation states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.”

The portion about leafleting, conducting surveys, displaying signs, gathering signatures, or soliciting funds is not vague. It does not fail to “give the person of ordinary intelligence a reasonable opportunity to know what is prohibited.” Grayned, 408 U.S. at 108. Nor is it overbroad given that it is not a complete prohibition of leafleting (as in Lee), but simply a prohibition without a permit.

The arguably difficult portion of Regulation 50 is the “or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes” clause. It is grammatically possible to interpret this passage as extending to any religious, charitable, or political “speech related activity” by anyone at the Airport, including travelers wearing political buttons or sharing their religious beliefs with others.

Denver argues that no person of ordinary intelligence would have such a worry: “a person of ordinary intelligence cannot reasonably claim that they are unable to discern the difference between a traveler walking through the airport with a ‘make America great again’ baseball cap or travelers discussing politics as they walk to their intended destination and a gathering of people who have no purpose for being at the airport other than to march or station themselves in order to communicate their position on a political issue.” (ECF No. 20 at 14.) This argument is slightly inapposite. The question is not whether someone can distinguish between a passenger’s pro-Trump hat and a gathering of anti-Trump protesters. The question is whether Regulation 50 contains such a distinction, and particularly a distinction between the incidental activities of those who come to the airport for airport-related purposes and the intentional activities of those who come to the airport to demonstrate.

However, to the extent Denver means to say that Regulation 50 would not be interpreted by a person of ordinary intelligence to encompass, e.g., a traveler choosing to wear a “Make America Great Again” hat, the Court agrees. Regulation 50 is not, as Plaintiffs suggest, just one paragraph from Regulation 50.03. Regulation 50 comprises sixteen major subdivisions, many of which are themselves subdivided. A person of ordinary intelligence who reads Regulation 50 —all of it— cannot avoid the overwhelming impression that its purpose is to regulate the expressive conduct of those who come to the Airport specifically to engage in expressive conduct. Thus, Regulation 50 is not vague.

As for overbreadth, “[t]he first step in [the] analysis is to construe the challenged statute; it is impossible to determine whether a statute reaches too far without first knowing what the statute covers.” United States v. Williams, 553 U.S. 285, 293 (2008). For the reasons already stated, the Court finds that the only reasonable construction is one that does not extend to an airline passenger wearing a political T-shirt, or anything of that character. Cf. Jews for Jesus, 482 U.S. at 575. This is, moreover, the Airport’s own interpretation, the sincerity of which is borne out by Plaintiffs’ own experience. Thus, Regulation 50 is not overbroad. 7

————
7 Even if Regulation 50 were vague or overbroad, the Court would nonetheless find that an injunction against enforcing Regulation 50 as a whole would be against the public interest. The more appropriate remedy would be an injunction to follow precisely the interpretation that the Airport currently follows, but that would be of no benefit to Plaintiffs.
————

?C. Irreparable Harm

Having found that Plaintiffs are strongly likely to succeed in invalidating a narrow subset of Regulation 50, the Court returns to irreparable harm. Given that Plaintiffs First Amendment rights are at stake in those portions of Regulation 50 that the Court finds to be unreasonable, irreparable harm almost inevitably follows: “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Heideman v. S. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003) (internal quotation marks omitted).

?D. Balance of Harms

The injury to a plaintiff deprived of his or her legitimate First Amendment rights almost always outweighs potential harm to the government if the injunction is granted. See Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012); ACLU v. Johnson, 194 F.3d 1149, 1163 (10th Cir. 1999). Thus, the Court finds that the harm to Plaintiffs from the Airport’s continued enforcement of the unreasonable portions of Regulation 50 would be greater than the harm to the Airport in refraining from such enforcement, particularly given that the unreasonable portions are quite limited and most of Regulation 50 will remain unchanged.

?E. Public Interest

Finally, as with irreparable injury and balancing of interests, it is almost always in the public interest to prevent a First Amendment violation. See Awad, 670 F.3d at 1132; Johnson, 194 F.3d at 1163. Moreover, the Court is not striking down Regulation 50 or even altering it in any significant respect. Thus, the public’s interest in safe and efficient Airport operations remains unaffected.?

F. Bond

A party awarded a preliminary injunction normally must “give[] security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). The Tenth Circuit has held, however, that “a trial court may, in the exercise of discretion, determine a bond is unnecessary to secure a preliminary injunction if there is an absence of proof showing a likelihood of harm.” Coquina Oil Corp. v. Transwestern Pipeline Co., 825 F.2d 1461, 1462 (10th Cir. 1987) (internal quotation marks omitted); see also 11A Charles Alan Wright et al., Federal Practice & Procedure § 2954 n.29 (3d ed., Apr. 2016 update) (citing public rights cases where the bond was excused or significantly reduced). Denver has not argued that Plaintiffs should be required to post a bond, and the Court finds that waiver of the bond is appropriate in any event.

V. CONCLUSION

For the reasons set forth above, the Court ORDERS as follows:

1. Plaintiffs’ Motion for Preliminary Injunction (ECF No. 2) is GRANTED to the ?limited extent stated in this order and otherwise DENIED; ?

2. The City and County of Denver (including its respective officers, agents, ?servants, employees, attorneys, and other persons who are in active concert or participation with any of them, and further including without limitation Defendants Lopez and Quiñones) (collectively, “Defendants”) are PRELIMINARILY ENJOINED as follows:

a. Defendants must timely process a permit application under Denver Airport Regulation 50.04-1 that is received less than 7 days but at least 24 hours prior to the commencement of the activity for which the permit is sought, provided that the applicant, in good faith, seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport, the immediate importance of which could not have been foreseen 7 days or more in advance of the commencement of the activity for which the permit is sought, or when circumstances beyond the control of the applicant prevented timely filing of the application; however, circumstances beyond Defendants’ control may excuse strict compliance with this requirement to the extent those circumstances demonstrably interfere with the expedited permitting process; ?

b. So long as a permit applicant seeks to demonstrate in a location where the unticketed public is normally allowed to be, Defendants must make all reasonable efforts to accommodate the applicant’s preferred location, whether inside or outside of the Jeppesen Terminal;

c. Defendants may not enforce Denver Airport Regulation 50.09’s prohibition against “picketing” (as that term is defined in Regulation 50.02-8) within the Jeppesen Terminal; and

d. Defendants may not restrict the size of a permit applicant’s proposed signage beyond that which may be reasonably required to prevent the impeding of the normal flow of travelers and visitors in and out of Jeppesen Terminal; and specifically, Defendants may not enforce Denver Airport Regulation 50.08-12’s requirement that signs or placards be no larger than one foot by one foot.

3. This Preliminary Injunction is effective immediately upon issuance of this Order, and will remain in force for the duration of this action unless otherwise modified by Order of this Court.

Dated this 22nd day of February, 2017, at 8:05 a.m. Mountain Standard Time. BY THE COURT:

__________________________
William J. Martínez?
United States District Judge

Pro-immigrant activists with Occupy Denver file suit against DIA and DPD, challenge airport free speech “permit”


DENVER, COLORADO- Civil liberties champion David Lane has filed a complaint in US district court challenging Denver’s office of the city attorney for instituting a permit process at DIA to prevent public protest. Holding signs has become impermissible at the airport, without the issuance of a permit seven days in advnace, although police are not bothering themselves about signs welcoming homecomers or seeking to connect business visitors with their limo service. That selective enforcement is unconstitutional of course, and the lawfirm powerhouse of Kilmer Lane & Newman is filing suit on behalf of two Occupy Denver plaintiffs. last Sunday, January 29, both were threatened with arrest by DIA police. While two earlier attempts to assemble had capitulated to DPD intimidation, the Occupy Denver activists stood their ground. Why did you file your lawsuit? “We know our rights. We want the POLICE to know our rights.”

1. Full text of complaint:

Case 1:17-cv-00332 Document 1
Filed 02/06/17 USDC Colorado Page 1 of 14

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,?
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

COMPLAINT

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, allege as follows:

INTRODUCTION

1. Plaintiffs Eric Verlo and Nazli McDonnell challenge a regulation of alarming breadth that bans all First Amendment expression at Denver International Airport without a permit.

2. Plaintiffs are concerned citizens who believe that President Donald Trump has overstepped his executive authority by signing the January 27, 2017, Executive Order (hereinafter “Muslim Ban”), which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit).

3. Plaintiffs wish to express their disgust with President Trump’s (likely unconstitutional) Muslim Ban. They wish to do so in the same place that hundreds of thousands of Americans across the country have done: standing directly outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within an airport where immigrants to America enter into the main terminal after clearing customs. Plaintiffs, unlike many citizens across this great nation who have exercised their opposition to the Muslim Ban in airports by chanting, singing, dancing, and praying, simply wish to stand in silent protest, holding signs that express their solidarity with immigrants and the Muslim community.

4. Plaintiffs are banned from doing so by DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”).

5. Regulation 50 states: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

6. Plaintiffs ask that this Court enjoin the enforcement of Regulation 50 and prohibit Defendants from arresting them for their First Amendment-protected activity of standing in peaceful protest within Jeppesen Terminal. Regulation 50 is overbroad in violation of the First Amendment and vague in violation of the Fourteenth Amendment’s Due Process Clause.

7. This is a civil rights action for declaratory and injunctive relief as well as fees and costs arising under 42 U.S.C. §§ 1983, 1988 and 28 U.S.C. Section 2201 et seq. due to Defendants’ current and imminent violations of Plaintiffs’ rights guaranteed by the First and Fourteenth Amendments to the Constitution of the United States.

PARTIES

8. Plaintiff Eric Verlo is a citizen of the United States of America. Mr. Verlo wishes to show his resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

9. Plaintiff Nazli McDonnell is a citizen of the United States of America. Ms. McDonnell wishes to show her resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

10. Defendant City and County of Denver is a municipal corporation and political subdivision of the State of Colorado. Thus, it is an entity subject to the provisions of § 1983.

11. Defendant Antonio Lopez is a Commander with the Denver Police Department. Commander Lopez is responsible for security at Denver International Airport’s Jeppesen Terminal.

12. Defendant Virginia Quinones is a Sergeant with the Denver Police Department. Sergeant Quinones is responsible for security at Denver International Airport’s Jeppesen Terminal.

JURISDICTION AND VENUE

13. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983; the First Amendment to the United States Constitution, incorporated as against States and their municipal divisions through the Fourteenth Amendment to the United States Constitution; and the Due Process Clause of the Fourteenth Amendment.

14. This Court has jurisdiction under 28 U.S.C. § 1331 over Plaintiffs’ claims that “arise[] under the Constitution of the United States.”

FACTS

15. On January 27, 2017, President Donald Trump signed an Executive Order, which permanently banned Syrian refugees from emigrating to the United States, temporarily banned nationals of seven countries (including permanent legal residents and visa-holders), and suspended all applications to the United States refugee program (even as to vetted entrants currently in transit). President Trump’s Executive Order has been subsequently referred to as a “Muslim Ban,” because it both mirrors President Trump’s racist, anti-Islam statements made on December 7, 2015, that he was planning to ban all Muslims from entering the United States until our representatives can “figure out what’s going on” and the ban targets countries whose population is predominantly Muslim and seemingly bears little rational relation to each country’s security threat to the United States.

16. Immediately upon the enactment of President Trump’s Muslim Ban there was an outpouring of outrage from a large proportion of the American population and across the spectrum of political affiliation. This outrage led to resistance in the form of protests.

17. On January 28, 2017, and January 29, 2017, protests erupted in nearly every major city in the United States. The protests organically formed in our nation’s airports. Protesters chose to express their disgust with President Trump’s Muslim Ban in airports (and specifically outside of the secure CBP screening area) because individuals affected by the ban who were in transit to the United States were being held and questioned by CBP agents there. Many of these travelers, including lawful United States residents, were forced to sign documents revoking their lawful status within the United States and deported. Still others were simply deported with no explanation. Others still were held for hours as teams of lawyers rushed to prepare habeas petitions for their release.

18. News reports about the protests make clear that they have been peaceful and non- disruptive despite the gathering of, in some cases, thousands of people.

19. Airport staff have told protesters, and would-be protesters, at numerous airports across the nation, including Kansas City International Airport, that there are no restrictions on their speech and that all protesters who wish to participate in actions against the Muslim Ban are allowed. Protests have continued in other cities to this day.

20. On January 28, 2017, there was one such protest at Denver International Airport, within the Jeppesen Terminal. At approximately 5:00 p.m. hundreds gathered in the Jeppesen Terminal’s atrium, near arrivals, to protest and many others gathered to bear witness.

21. Prior to the protest, leaders had applied for a permit. It was denied. The reason for its denial was that the permit was not requested with seven days advance notice of the protest occurring. Regulation 50 requires seven days advance notice.

22. The January 28, 2017, protest began with speeches, chants, songs, and prayers. It was a peaceful gathering of solidarity for immigrants and Muslims. Every person at the January 28, 2017, protest was contained in an area of the Jeppesen Terminal atrium that is designed as a gathering space for people to sit, relax, and converse. No one was standing in the walkways or passageways of the terminal.

23. Soon after the January 28, 2017, protest began, members of the Denver Police Department arrived on-scene. Commander Antonio Lopez engaged the leader of the protest, Amal Kassir, along with State Representative Joe Salazar and representatives from the ACLU of Colorado, and informed them that the protest was unlawful. Commander Lopez told Ms. Kassir that anything that “could be construed as Free Speech” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit. See Exhibit 1, January 28, 2017 Video.

24. Commander Lopez also stated that all “First Amendment expression” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit on Regulation 50. Commander Lopez handed Regulation 50 to multiple protesters, including Ms. Kassir. See Exhibit 2, January 28, 2017 Video 2.

25. Regulation 50 states (in pertinent part): “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

26. Commander Lopez, along with members of Denver International Security, told Ms. Kassir that every portion of Denver International Airport property, which has an approximately fifty square mile footprint, is off-limits for First Amendment expression. They suggested that Ms. Kassir move her protest to Tower Road, which is approximately six miles from the Jeppesen Terminal and, like most of the land surrounding Denver International Airport, adjacent to open prairie land with no inhabitants.

27. Commander Lopez threatened Ms. Kassir and numerous other demonstrators with arrest if they didn’t immediately cease any “First Amendment expression.” According to Commander Lopez’s directives, the individuals gathered in the Jeppesen Terminal could not stand holding signs, sing, speak to others about matters of public concern, hold the United States Constitution above their shoulders, or stand silently with their arms interlocked.

28. Ultimately, to avoid arrest, Ms. Kassir and the demonstrators moved outside of the Jeppesen Terminal to the large area on its south side, adjacent to the escalators leading to the commuter rail and under the Westin Hotel. The protest continued peacefully for a little while longer, then disbursed without issue.

29. The next day, January 29, 2017, Plaintiffs Eric Verlo and Nazli McDonnell traveled to Denver International Airport’s Jeppesen Terminal to express their opposition to President Trump’s Muslim Ban.

30. Mr. Verlo and Ms. McDonnell brought with them signs expressing support for immigrants and expressing concern that history was repeating itself with disastrous potential consequences.

31. Mr. Verlo and Ms. McDonnell positioned themselves adjacent to the secure CBP screening area within the Jeppesen Terminal at approximately 1:15 p.m.

32. Adjacent the secure CBP screening area at the Jeppesen Terminal is the only place where Mr. Verlo and Ms. McDonnell can reach their intended audience. Mr. Verlo and Ms. McDonnell wish to communicate with those who could be swayed by their message and, particularly, with immigrants. International travelers are often immigrants and/or lawful United States residents, including green card and other visa holders, other than citizens. Mr. Verlo and Ms. McDonnell wish to express their solidarity with immigrants directly to these individuals. Further, United States citizens who arrive from international locations are also individuals with whom Mr. Verlo and Ms. McDonnell wish to communicate. International travelers have experienced other cultures and are likely to be sympathetic to Mr. Verlo and Ms. McDonell’s message.

33. The secure CBP screening area is also the location where the Muslim Ban has been enforced by DHS, both at Denver International Airport and across the nation. Neither Plaintiff attempted to enter any restricted areas of Denver International Airport.

34. While silently displaying their signs, Mr. Verlo and Ms. McDonnell were in the open plaza near the secure CBP screening area within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand. Mr. Verlo and Ms. McDonnell did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

35. Mr. Verlo and Mr. McDonnell also observed another man in the terminal, named Gene Wells, who was expressing views similar to theirs.

36. Mr. Wells was wearing a sign taped to the back of his shirt.

37. Mr. Wells left the Jeppesen Terminal, but subsequently returned to protest. When he did, he was stopped by Denver Police Department officers who told him that he could not walk around the terminal with the slogan he had affixed to his back. Mr. Wells eventually rejoined Mr. Verlo and Mr. McDonnell at the international arrivals doors, but not without trepidation. He feared he might be arrested.

38. While Mr. Verlo and Ms. McDonnell were displaying their signs, Defendant Sergeant Virginia Quinones approached Mr. Verlo and Ms. McDonnell and threatened them with arrest if they did not leave Jeppesen Terminal. See Exhibit 3, January 29, 2017, Video.

39. Sergeant Quinones handed Mr. Verlo and Ms. McDonnell Regulation 50 and cited it as the reason they would be arrested if they did not leave Jeppesen Terminal. Id. Sergeant Quinones told Mr. Verlo and Ms. McDonnell that they would need a permit in order to stand silently, holding signs in opposition of the Muslim Ban and be in compliance with Regulation 50.

40. Had Mr. Verlo and Ms. McDonnell applied for a permit the second President Trump signed the Executive Order implementing the Muslim Ban, they still would have been unable to engage in protest within the Jeppesen Terminal under the terms and conditions of Regulation 50 on January 29, 2017.

41. Mr. Verlo and Ms. McDonnell did not immediately leave the Jeppesen Terminal after being threatened with arrest. However, they were startled by Sergeant Quiones’ threat and feared arrest for the duration of the time they were there.

42. Throughout the time Mr. Verlo and Ms. McDonnell were expressing their views within the Jeppesen Terminal they received numerous shows of support from passersby. Multiple self- proclaimed Muslims expressed heart-felt statements of appreciation to Mr. Verlo, Ms. McDonnell, and others holding signs.

43. Mr. Verlo and Ms. McDonnell ultimately left Jeppesen Terminal.

44. Mr. Verlo and Ms. McDonnell wish to return to Jeppesen Terminal to express solidarity with Muslims and opposition to the Muslim Ban, but are reticent to do so for fear of being arrested.

45. Upon information and belief, no individual has been arrested, or threatened with arrest, for wearing a “Make America Great Again” campaign hat without a permit within the Jeppesen Terminal at Denver International Airport.

46. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign welcoming home a member of our military without a permit within the Jeppesen Terminal at Denver International Airport.

47. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign and soliciting passengers for a limousine without a permit within the Jeppesen Terminal at Denver International Airport.

48. Upon information and belief, no individual has been arrested, or threatened with arrest, for discussing current affairs with another person without a permit within the Jeppesen Terminal at Denver International Airport.

49. At all times relevant to this Complaint, Defendants acted under color of law.

CLAIM I: FIRST AMENDMENT
(§ 1983 violation – all Defendants)

50. Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the foregoing paragraphs of this Complaint as fully set forth herein.

51. Regulation 50 violates the Free Speech Clause of the First Amendment to the Constitution, on its face and as applied, because it impermissibly curtails Plaintiffs’ free-speech rights.

52. Plaintiffs wish to speak on a matter of public concern. 11

53. Denver International Airport’s Jeppesen Terminal is a public forum.

54. Regulation 50 directly infringes upon and chills reasonable persons from engaging in activity that is protected by the First Amendment.

55. Regulation 50 acts as an unconstitutional prior restraint on speech because it (1) requires a permit before allowing individuals to engage in speech, (2) allows for arbitrary and/or discriminatory permit denials, and (3) requires advance notice that is unconstitutionally excessive.

56. Regulation 50 is overbroad.?

57. Regulation 50 is not narrowly tailored to serve a compelling government interest.?

58. Regulation 50 does not further a substantial government interest.?

59. Regulation 50’s restriction on expressive conduct is greater than necessary to further any
government interest.?

60. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly or
proximately, Plaintiffs to suffer damages.

CLAIM II: FIRST AMENDMENT RETALIATION
(§ 1983 violation – all Defendants)

1. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein. ?

2. Plaintiffs engaged in First Amendment protected speech on a matter of public concern ?while displaying signs opposing President Trump’s Muslim Ban on January 29, 2017.

3. Defendants jointly and on their own accord responded to Plaintiffs’ First Amendment protected speech with retaliation, including but not limited to threatening Plaintiffs with arrest.

4. Defendants retaliatory actions were substantially motivated by Plaintiffs’ exercise of their First Amendment rights.

5. By unlawfully threatening Plaintiffs with arrest, Defendants sought to punish Plaintiffs for exercising their First Amendment rights and to silence their future speech. Defendants’ retaliatory actions would chill a person of ordinary firmness from engaging in such First Amendment protected activity.

6. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

CLAIM III: FOURTEENTH AMENDMENT DUE PROCESS
(§ 1983 violation – all Defendants)

7. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein.

8. The prohibitions of Regulation 50 are vague and not clearly defined. ?

9. Regulation 50 offers no clear and measurable standard by which Plaintiffs and others can ?act lawfully.

10. Regulation 50 does not provide explicit standards for application by law enforcement officers.

11. Regulation 50 fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits, and authorizes or encourages arbitrary and discriminatory enforcement, or both.

12. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against Defendants, and grant:

(a) Appropriate declaratory and other injunctive and/or equitable relief; 13

(b)  Enter a declaration that Regulation 50 is unconstitutional on its face and enjoin its enforcement; ?

(c)  Compensatory and consequential damages, including damages for emotional distress, loss of reputation, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial; ?

(d)  All economic losses on all claims allowed by law; ?

(e)  Punitive damages on all claims allowed by law and in an amount to be determined ?at trial; ?

(f)  Attorney’s fees and the costs associated with this action, pursuant to 42 U.S.C. § ?1988; ?

(g)  Pre and post-judgment interest at the lawful rate; and ?

(h)  Any further relief that this court deems just and proper, and any other relief as ?allowed by law. ?

Dated this 6th day of February 2017.

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty

___________________________________
David A. Lane
?Andy McNulty?
Killmer, Lane & Newman, LLC
1543 Champa Street, Suite 400 Denver, Colorado 80202?
Attorneys for Plaintiff

2. Full text of Feb 6 motion for preliminary injunction:

Case 1:17-cv-00332 Document 2
Filed 02/06/17 USDC Colorado Page 1 of 23

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

MOTION FOR PRELIMINARY INJUNCTION

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, hereby submit the following Motion for Preliminary Injunction, and in support thereof, states as follows:

1. Introduction

Over the last four days, many Americans have expressed public disapproval of President Donald Trump’s January 27, 2017, Executive Order, which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit). Plaintiffs are concerned and alarmed United States citizens who wish to join the growing chorus of voices expressing opposition to the Executive Order. To do so, they wish to stand in silent protest at the Jeppesen Terminal within Denver International Airport.

Plaintiffs did just this on January 29, 2017, standing in silent protest of the Executive Order outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within Jeppesen Terminal. Almost immediately, Plaintiffs were threatened with arrest by Denver Police Department Sergeant Virginia Quinones for standing silently and holding signs opposing the Executive Order, despite that fact that the Jeppesen Terminal has previously been used for expressive activity (and that protesters at more than ten major airports nationwide have protested peacefully without major disruption or legal restriction). While silently displaying their signs, Plaintiffs were in the plaza within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand, in the open plaza outside of the secure CBP screening area at the Jeppesen Terminal. Plaintiffs did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

Even though Plaintiffs were simply engaged in peaceful First Amendment protected expression, they were threatened with arrest. Sergeant Quinones informed Plaintiffs that, in order to stand silently with political signs, they would need a permit. Without a permit, Sergeant Quinones stated, all “First Amendment expression” at the Denver International Airport was banned.

This was not the first time since the enactment of the Executive Order that the Denver Police Department threatened individuals with arrest for engaging in First Amendment protected activity in Jeppesen Terminal. On January 28, 2016, a protest was held in the plaza of Jeppesen Terminal. During the protest, Denver Police Commander Antonio Lopez instructed multiple individuals, including State Representative Joseph Salazar and representatives from the ACLU of Colorado, that all “First Amendment expression” was banned at Denver International Airport without a permit. See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2. The protesters had, in fact, applied for a permit earlier that day. However, it had not been granted because they had not done so seven days in advance of the protest in compliance with Denver International Airport regulations. Although no arrests were ultimately made, protesters were threatened numerous times by Commander Lopez, and other officers, with arrest.

The Denver International Airport regulation that both Sergeant Quinones and Commander Lopez relied upon in instructing Plaintiffs, and others, that Denver International Airport bans all “First Amendment expression” without a permit is DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”). Regulation 50 states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

Plaintiffs wish to return to Denver International Airport to protest the Executive Order, but are reasonably frightened of arrest and, absent action by this Court, must choose between lawfully exercising their First Amendment right and being subject to arrest and/or prosecution.

Plaintiffs ask that this Court enter an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.

2. Factual Background

All statements of fact set forth in the simultaneously filed Complaint are hereby incorporated into this Brief as though set forth fully herein.

3. Argument

3.1 The standard for issuance of a preliminary injunction.

When seeking a preliminary injunction, a plaintiff must establish that (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008); see also ACLU v. Johnson, 194 F.3d 1149, 1155 (10th Cir. 1999).

The Tenth Circuit has modified the preliminary injunction test when the moving party demonstrates that the second, third, and fourth factors “tip strongly” in its favor. See Oklahoma ex rel. Okla. Tax Comm’n v. Int’l Registration Plan, Inc., 455 F.3d 1107, 1113 (10th Cir. 2006); see also 820 F.3d 1113, n.5 (10th Cir. 2016). “In such situations, the moving party may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.” Id. (internal quotation marks omitted). Moreover, this “fair chance of prevailing” test is appropriate in this case because Plaintiffs are challenging a policy, not a statue or ordinance. See Planned Parenthood Minn, N.D., & S.D. v. Rounds, 530 F.3d 724, 732 (9th Cir. 2008) (“[C]ourts should… apply the familiar ‘fair chance of prevailing’ test where a preliminary injunction is sought to enjoin something other than government action based on presumptively reasoned democratic processes.”).

Under either standard, Plaintiffs are able to demonstrate that the issuance of a preliminary injunction is appropriate in this matter.

3.3 Regulation 50 implicates Plaintiffs’ First Amendment rights. 1

When the government regulates the exercise of First Amendment rights, the burden is on the proponent of the restriction to establish its constitutionality. Phelps-Roper v. Koster, 713 F.3d 942, 949 (8th Cir. 2013). Moreover, when assessing the preliminary injunction factors in First Amendment cases, “the likelihood of success will often be the determinative factor.” Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013). This is because “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably, constitutes irreparable injury,” Heideman v. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003), and it is invariably in the public interest to protect an individual’s First Amendment rights. See Homans v. City of Albuquerque, 264 F.3d 1240, 1244 (10th Cir. 2001) (noting that “the public interest is better served” by protecting First Amendment rights).

[NOTE 1. It is important to note that facial challenges to government policies and statutes, when based on First and Fourteenth Amendment grounds, are not disfavored. See United States v. Stevens, 559 U.S. 460, 473 (2010); City of Chicago v. Morales, 527 U.S. 41 (1999).]

3.4 Plaintiffs are likely to succeed on the merits.

Plaintiffs are likely to succeed on the merits because Regulation 50 violates the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.

3.4(a) Plaintiffs engaged, and wish to engage, in speech on a matter of public concern.

Plaintiffs’ speech is at the core of the First Amendment’s protection because it deals with a matter of public concern. “Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community, or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotation marks and citation omitted). “Speech on matters of public concern is at the heart of the First Amendment’s protection.” Id. at 451-52 (alterations and quotation marks omitted). “The First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.’” Id. at 452 (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)). Plaintiffs wish to engage in expression about President Donald Trump’s January 27, 2017, Executive Order, a topic that has generated nearly unprecedented debate and dissent. See Adrienne Mahsa Varkiani, Here’s Your List of All the Protests Happening Against the Muslim Ban, THINK PROGRESS (Jan. 28, 2017), https://thinkprogress.org/muslim-ban-protests-344f6e66022e#.ft1oznfv4 (compiling list of direct actions planned in response to President Trump’s January 27, 2017, Executive Order). Thus, Plaintiffs’ speech “‘occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.’” Snyder, 562 U.S. at 452 (quoting Connick v. Myers, 461 U.S. 138, 145 (1983)).

3.4(b) Regulation 50 acts as a prior restraint.

The restriction at issue in this matter is a prior restraint. “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4–14 (1984)). Regulation 50 is in an administrative order that forbids future communication and bases the ability to communicate in the future on the discretion of an administrative official. See DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” (emphasis added)). It is a prior restraint.

The burden of proving a prior restraint is permissible is particularly steep. The Supreme Court has repeatedly held that “[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). For the reasons outlined infra, Defendants cannot meet this especially significant burden.

3.4(c) Jeppesen Terminal, outside of the passenger security zones, is a traditional public forum.

The Supreme Court has not definitively decided whether airport terminals, including Jeppesen Terminal, are public forums. In Lee v. International Society for Krishna Consciousness, Inc., 505 U.S. 830 (1992) (hereinafter “Lee I”), issued the same day as International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 (1992) (hereinafter “Lee II”), the Supreme Court struck down a total ban on distribution of literature in airports. In Lee I, the Court issued a one sentence per curiam opinion, which affirmed the Second Circuit for the reasons expressed by Justice O’Connor, Justice Kennedy, and Justice Souter in Lee II. See Lee I, 505 U.S. at 831. Justice Kennedy and Justice Souter’s opinions in Lee II found that “airport corridors and shopping areas outside of the passenger security zones… are public forums, and speech in those places is entitled to protection against all government regulation inconsistent with public forum principles.” Lee II, 505 U.S. at 693 (Kennedy, J., concurring in the judgment); but see Lee II, 505 U.S. at 683 (“”[W]e think that neither by tradition nor purpose can the terminals be described as satisfying the standards we have previously set out for identifying a public forum.”).

Therefore, Plaintiffs ask this Court to find the area of Jeppesen Terminal outside of the passenger security zones to be a public forum. The historical use of the Jeppesen Terminal’s plazas and other areas outside of the passenger security zones (including the area outside of the secure CBP screening area) for political speech (particularly, the history of welcoming of American military personnel home from service, discussion between passengers of matters of public concern, and display of clothing advocating for political views and ideals) indicates that it is a public forum. See First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 308 F.3d 1114, 1130 (10th Cir. 2002) (“Where courts have considered the traditional use of publicly accessible property for speech, they have refused to attribute legal significance to an historical absence of speech activities where that non-speech history was created by the very restrictions at issue in the case.”). Further, that the Jeppesen Terminal is free and open to the public (outside of the passenger security zones), illustrates that it is a public forum. See, e.g., Ark. Educ. Television Comm’n v. Forbes, 523 U.S. 666, 676 (1998); Cornelius v. NAACP Legal Def. & Educ. Fund, 473 U.S. 788, 800, 805, 809 (1985). Finally, Jeppesen Terminal retains characteristics similar to parks: it has large plazas lined with benches, it is surrounded by businesses which are open to the public, and it has dedicated walkways, similar to sidewalks, indicating that it is a public forum. See e.g., Frisby v. Schultz, 487 U.S. 474, 480-481 (1988); United States v. Grace, 461 U.S. 171, 177 (1983). Further, the Supreme Court has not strictly limited the public forum category to streets, sidewalks, and parks. See, e.g., Se. Promotions, Ltd. v. Conrad, 420 U.S. 546 (1975) (finding leased municipal theater is a public forum); Heffron v. Int’l Society for Krishna Consciousness, Inc., 452 U.S. 640 (1981) (finding state fair is a public forum); Edwards v. South Carolina, 372 U.S. 229 (1963) (finding grounds of state capitol are a traditional public forum). Even if the City claims that it has never intended for Jeppesen Terminal to be a public forum, this is not dispositive. See Lee, 505 U.S. at 830 (government policy prohibiting distribution of literature at airport on property struck down); Cornelius, 473 U.S. at 805 (government’s decision to limit access is not itself dispositive). Plaintiffs’ ask that this Court find Jeppesen Terminal, outside of the passenger security zones, a traditional public forum.

Since Jeppesen Terminal is a traditional public forum, any restriction on Plaintiffs’ speech must be content-neutral and narrowly tailored to a compelling government interest. Regulation 50 fails at both.

3.4(d) Regulation 50 is content-based.

Regulation 50 is a content-based restriction of expression. Although the Supreme Court has long held that content-based restrictions elicit strict scrutiny, see, e.g., Carey v. Brown, 447 U.S. 455 (1980), lower courts diverged on the meaning of “content-based” until Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). 2 Reed clarified that a restriction is content based simply if it draws distinctions “based on the message a speaker conveys.” 135 S. Ct. at 2227. Reed is clear that even “subtle” distinctions that define regulated expression “by its function or purpose . . . are distinctions based on the message a speaker conveys, and therefore, are subject to strict scrutiny.” Id. This accords with Texas v. Johnson, which held that “the emotive impact of speech on its audience is not a secondary effect unrelated to the content of the expression itself.” 491 U.S. 491 U.S. 297, 412 (1989) (internal quotations omitted).

[NOTE 2. Reed involved a municipal “sign code” that regulated signs differently based on the kind of message they conveyed (such as “ideological,” “political,” or “temporary directional”). 135 S. Ct. at 2224-25. The Court rejected the city’s argument that a law had to discriminate against certain viewpoints in order to be a content-based restriction. Id. at 2229.]

Regulation 50 is content-based on its face. It distinguishes between content and requires that an official determine the content of the speaker’s message when enforcing its proscriptions. Reed, 135 S. Ct. at 2227; see DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute[.]” (emphasis added)). The distinctions drawn by Regulation 50 make it a facially content-based restriction on expression that must elicit “the most exacting scrutiny.” Johnson, 491 U.S. at 412; Reed, 135 S. Ct. at 2227.

3.4(e) Regulation 50 is not narrowly tailored to serve a compelling government interest.

As a facially content-based restriction of expression at traditional public fora, Regulation 50 is presumptively unconstitutional unless Defendant “prove[s] that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.” Reed, 135 St. Ct. at 2231; accord Johnson, 491 U.S. at 412.

“A statute is narrowly tailored if it targets and eliminates no more than the exact source of the ‘evil’ it seeks to remedy.” Frisby v. Schultz, 487 U.S. 474, 485 (1988) (citation omitted). Regulation 50 reaches more speech than that which would impair the security of the airport or ensure that passengers are not unduly encumbered. In fact, it completely bans all “First Amendment expression.” “A complete ban can be narrowly tailored, but only if each activity within the proscription’s scope is an appropriately targeted evil.” Id.. Regulation 50 is not such a ban. For instance, Plaintiffs’ expression does nothing to jeopardize security at Denver International Airport or to inhibit the free flow of passengers through the airport.

Further, any argument that Plaintiffs can engage in expressive activity in another location lacks merit, as the Supreme Court has held that the First Amendment is violated when one specific location or audience, when important to the speaker, is foreclosed. See McCullen v. Coakley, 134 S. Ct. 2518, 2536 (2014); Schenck v. Pro-Choice Network, 519 U.S. 357, 377 (1997) (invalidating a “floating” buffer zone around people entering an abortion clinic partly on the ground that it prevented protestors “from communicating a message from a normal conversational distance or handing leaflets to people entering or leaving the clinics who are walking on the public sidewalks”); Schneider v. New Jersey, 308 U.S. 147, 163 (1939) (invalidating anti-handbilling ordinances even though “their operation is limited to streets and alleys and leaves persons free to distribute printed matter in other public places”). Regulation 50 lacks the narrow tailoring necessary to survive First Amendment strict scrutiny analysis.

3.4(f) Regulation 50 violates the First Amendment even if this Court determines Jeppesen Terminal is a nonpublic forum.

Regulation 50 bans all “First Amendment expression” absent a permit; it is unconstitutional even when analyzed under the lower standard of scrutiny applied by courts to First Amendment political speech in a nonpublic forum. In Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987), the Supreme Court considered whether a resolution restricting free speech in the airport was constitutional. The resolution at issue stated that the airport “is not open for First Amendment activities by any individual and/or entity.” Id. at 574. Although the Court did not explicitly find that the airport was a nonpublic forum, it did hold that the resolution restricting speech in the airport was facially unreasonable, even if the airport was a nonpublic forum. Id. at 573. The Court noted that enforcing the resolution would prohibit “talking and reading, or the wearing of campaign buttons or symbolic clothing.” Id. at 574. The Court also noted, “[m]uch nondisruptive speech–such as the wearing of a T-shirt or button that contains a political message–may not be ‘airport related’ but is still protected speech even in a nonpublic forum.” Id. at 575 (citing Cohen v. California, 403 U.S. 15 (1971) (holding that wearing of jacket with offensive language in a courthouse was a form of nondisruptive expression that was protected by the First Amendment)). Thus, although specific conduct was not at issue in the Jews for Jesus decision, the Court nonetheless implicitly held that non-disruptive speech is protected by the First Amendment in nonpublic fora and that restrictions that encumber non-disruptive expression are unreasonable.

In Lee II, Justice O’Connor set forth the test for determining reasonableness in the context of nonpublic fora. 505 U.S. at 687 (O’Connor, J., concurring). 3 She stated, ”[t]he reasonableness of the Government’s restriction [on speech in a nonpublic forum] must be assessed in light of the purpose of the forum and all the surrounding circumstances.” Id. (O’Connor, J., concurring) (quoting Cornelius, 473 U.S. at 809). However, Justice O’Connor noted that while “[o]rdinarily . . . we have . . . been confronted with cases where the fora at issue were discrete, single-purpose facilities,” airports present a different analysis because they are multipurpose facilities. Id. at 688 (O’Connor, J., concurring) (citations omitted). She determined airports to be multipurpose facilities because

the Port Authority [has] chosen not to limit access to the airports under its control, [and] has created a huge complex open to travelers and nontravelers alike. The airports house restaurants, cafeterias, snack bars, coffee shops, cocktail lounges, post offices, banks, telegraph offices, clothing shops, drug stores, food stores, nurseries, barber shops, currency exchanges, art exhibits, commercial advertising displays, bookstores, newsstands, dental offices and private clubs.

Id. This led to the finding that “[t]he reasonableness inquiry, therefore, is not whether the restrictions on speech are consistent with preserving the property for air travel, but whether they are reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id. at 689. A complete ban on First Amendment activity at the Jeppesen Terminal, absent a permit that must be obtained by providing seven days advance notice, is not a reasonable restriction. Regulation 50 does not comport with Justice O’Connor’s conclusion that airports are more than simply places where air travel occurs.

[NOTE 3. It is important to note that Lee involved a plurality opinion, joined by Justice O’Connor. Therefore, Justice O’Connor’s concurrence is the “narrowest grounds” that justify the Court’s result and her concurrence holds substantial precedential weight.]

Moreover, Justice O’Connor distinguished between solicitations (which the Supreme Court found could be reasonably restricted) and distributing leaflets (which the Supreme Court found could not be reasonably restricted) in the airport:

[L]eafleting does not entail the same kinds of problems presented by face-to-face solicitation. Specifically, “one need not ponder the contents of a leaflet or pamphlet in order mechanically to take it out of someone’s hand . . . . The distribution of literature does not require that the recipient stop in order to receive the message the speaker wishes to convey; instead the recipient is free to read the message at a later time.”

Id. at 690 (quoting United States v. Kokinda, 497 U.S. 720, 734 (1990)).

Thus, the Court held in Lee II that prohibiting solicitation in a nonpublic forum is not unreasonable, but that prohibiting the distribution of leaflets and other literature at a nonpublic forum is unreasonable. See also Lee, 505 U.S. at 830 (decided the same day as Lee II and striking down a prohibition on the distribution of leaflets and other literature at La Guardia, John F. Kennedy, and Newark International airports) (per curiam). Circuit courts have also recognized the inherent right to distribute paper and other information in nonpublic fora. Following Lee I and Lee II, two circuit courts have held that airports, as nonpublic fora, could not preclude newspaper publishers from placing newsracks in airport terminals. See Jacobsen v. City of Rapid City, South Dakota, 128 F.3d 660 (8th Cir. 1997); Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport Dist., 991 F.2d 154 (4th Cir. 1993). To the extent that the airports were concerned about safety or the impediment of traffic flow, the courts held that the airport may impose reasonable restrictions, but they could not enforce an outright ban on the newspaper racks. See Jacobsen, 128 F.3d at 660; Multimedia Publishing Co. of South Carolina, Inc., 991 F.2d at 154.

Denver, through Regulation 50, has banned all “First Amendment expression” including leafleting and protests. In fact, Plaintiffs expression is arguably less intrusive and disruptive to air travel than the form of expression, namely leafletting, that the Court held could not be reasonably restricted in the areas of an airport that precede the security screening area. It is clear from Lee I, Lee II, and Jews for Jesus that Denver cannot ban all “First Amendment expression” at the Jeppesen Terminal.

3.4(f)(1) Independently, the viewpoint-based prohibition of Plaintiffs’ speech, based on Regulation 50, violates the First Amendment.

Even if Jeppesen Terminal is a nonpublic forum, “this does not mean the government has unbridled control over speech, . . . for it is axiomatic that ‘the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.” Summum v. Callaghan, 130 F.3d 906, 916 (10th Cir. 1997) (quoting Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 394, (1993)). “Restrictions on speech in nonpublic fora must be viewpoint neutral[.]” Warren v. Fairfax Cty., 196 F.3d 186, 193 (4th Cir. 1999) (citing Cornelius, 473 at 809). Defendants’ restriction of Plaintiffs’ speech, under the guise of Regulation 50, discriminates on the basis of viewpoint. Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest. Regulation 50 is being enforced as a clearly view-point based restriction. Defendants’ application of Regulation 50 to Plaintiffs speech is view-point based and violates the First Amendment.

3.4(g) The seven day advance notice requirement for obtaining a permit is not a reasonable restriction.

Notice periods restrict spontaneous free expression and assembly rights safeguarded in the First Amendment. Plaintiffs, like many others throughout history, wish to engage in First Amendment expression in quick response to topical events. While even in such time-sensitive situations, a municipality may require some short period of advance notice so as to allow it time to take measures to provide for necessary traffic control and other aspects of public safety, the period can be no longer than necessary to meet the City’s urgent and essential needs of this type. See American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”).

Advance notice requirements that have been upheld by courts have most generally been less than a week. See, e.g., A Quaker Action Group v. Morton, 516 F.2d 717, 735 (D.C. Cir. 1975) (two-day advance notice requirement is reasonable for use of National Park areas in District of Columbia for public gatherings); Powe v. Miles, 407 F.2d 73, 84 (2d Cir. 1968) (two-day advance notice requirement for parade is reasonable); Progressive Labor Party v. Lloyd, 487 F. Supp. 1054, 1059 (D. Mass. 1980) (three-day advance filing requirement for parade permit approved in context of broader challenge); Jackson v. Dobbs, 329 F. Supp. 287, 292 (N.D. Ga. 1970) (marchers must obtain permit by 4 p.m. on day before the march), aff’d, 442 F.2d 928 (5th Cir. 1971). Lengthy advance filing requirements for parade permits, such as the seven day advance notice requirement imposed by Regulation 50, have been struck down as violating the First Amendment. See American-Arab Anti-Discrimination Comm., 418 F.3d at 605-07 (holding that provision requiring thirty days’ notice is overbroad and is not saved by an unwritten policy of waiving the provision); NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1357 (9th Cir. 1984) (“[A]ll available precedent suggests that a 20-day advance notice requirement is overbroad.”). Even an advance filing requirement of five days has been held too long to comport with the First Amendment. See Douglas v. Brownell, 88 F.3d 1511, 1523-24 (8th Cir. 1996) (city’s asserted goals of protecting pedestrian and vehicular traffic and minimizing inconvenience to the public does not justify five-day advance filing requirement for any parade, defined as ten or more persons).

It is clear that, in the case at bar, a permit requirement of seven days advance notice is not a reasonable restriction of Plaintiffs’ First Amendment rights. Plaintiffs wish to engage in timely, direct action against, what they perceive as, a tyrannical and unconstitutional exercise of the executive power. If Plaintiffs were to have applied for a permit at the exact moment President Trump signed the Executive Order, they would still have been prevented from engaging in First Amendment activity on January 29, 2017. In direct action, like in most things, timing is everything. As evidenced by myriad protests that occurred across the nation’s airports, which were accompanied by no violence or destruction of property and did not otherwise jeopardize security, accommodation of protest at the Jeppesen Terminal is reasonable. Such a lengthy approval period, with no exceptions for spontaneous, peaceful protests, violates the First Amendment. See Church of the American Knights of the Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (noting that “the length of the required period of advance notice is critical to its reasonableness; and given … that political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech” (emphasis added)).

3.4(h) Regulation 50 is overbroad in violation of the First Amendment.

“[A] law may be invalidated as overbroad if ‘a substantial number of its applications are unconstitutional, judged in relation to the [ordinance]’s plainly legitimate sweep.’” United States v. Stevens, 559 U.S. 460, 473 (2010) (quoting Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449 n.6 (2008)). An overbroad statute may be challenged on its face even though a more narrowly drawn statute would be valid as applied to the party in the case before it. City Council of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 798 (1984) (“[B]roadly written statutes may have such a deterrent effect on free expression that they should be subject to challenge even by a party whose own conduct may be unprotected.”). The Supreme Court “has repeatedly held that a government purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.” NAACP v. Alabama ex rel. Flowers, 377 U.S. 288, 307 (1964); see also Grayned v. City of Rockford, 408 U.S. 109, 114-15 (1972) (“The crucial question, then, is whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments.”). Courts have “provided this expansive remedy out of concern that the threat of enforcement of an overbroad law may deter or ‘chill’ constitutionally protected speech—especially when the overbroad statute imposes criminal sanctions.” Virginia v. Hicks, 539 U.S. 113, 119 (2003).

Determining whether a law is substantially overbroad requires a two-step analysis. First, a court must “construe the challenged [law]; it is impossible to determine whether a [law] reaches too far without first knowing what the [law] covers.” United States v. Williams, 553 U.S. 285, 293 (2008). Second, based on the first step, a court must determine whether the law “criminalizes a substantial amount of protected expressive activity.” Id. at 297.

Regulation 50 provides that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” Those tasked with enforcing Regulation 50, have stated that it bans all “First Amendment expression.” See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2.

A complete prohibition on First Amendment expression and related activity proscripts a substantial amount of protected expressive activity. See Jews for Jesus, 482 U.S. at 569; Lee, 505 U.S. at 830. It prohibits face-to-face conversations and wearing clothing intended to convey a message, along with leafleting and other traditional First Amendment activity, all of which protected expression. Regulation 50’s overbreadth is stark and violates the guarantees of the First Amendment.

3.4(i) Regulation 50 is unconstitutionally vague.

“A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required.” F.C.C. v. Fox Television Stations, Inc., 132 S. Ct. 2307, 2317 (2012). “A law’s failure to provide fair notice of what constitutes a violation is a special concern where laws ‘abut[ ] upon sensitive areas of basic First Amendment freedoms’ because it ‘inhibit[s] the exercise’ of freedom of expression and ‘inevitably lead[s] citizens to steer far wider of the unlawful zone … than if the boundaries of the forbidden areas were clearly marked.’” Stahl v. City of St. Louis, 687 F.3d 1038, 1041 (8th Cir. 2012) (quoting Grayned, 408 U.S. at 109). For this reason, a stringent vagueness test applies to a law that interferes with the right of free speech. Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499 (1982). “Where a statute’s literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.” Smith v. Goguen, 415 U.S. 566, 573 (1974).

Regulation 50 is vague, and therefore unconstitutional, for two separate reasons. First, Regulation 50 fails “to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 (1999). A law is unconstitutionally vague where it “does not provide people with fair notice of when their actions are likely to become unlawful.” Stahl, 687 F.3d at 1041. Because violators of Regulation 50 are subject to criminal sanction, the strictest vagueness test applies. See Reno v. ACLU, 521 U.S. 844, 872 (1997) (recognizing criminal sanctions might “cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images” which, together with the “‘risk of discriminatory enforcement’ of vague regulations, poses greater First Amendment concerns than those implicated by [a] civil regulation[.]”). Whether expressive activity will be deemed “First Amendment expression” in the Jeppesen Terminal is not predictable. Plaintiffs have reasonably refrained from protected speech for fear that someone might consider their expression to be in violation of the regulation. However, officials have failed to enforce the regulation against many others who are seemingly in violation, including those discussing politics with other passengers, wearing clothing meant to make some social or political statement, limo drivers soliciting passengers, and those welcoming home military veterans. Although there might be times when a speaker knows, or should know, that certain speech will violate the statute, in many situations such an effect is difficult or impossible to predict. See Stahl, 687 F.3d at 1041 (finding vagueness because even “[t]hough there are certainly times when a speaker knows or should know that certain speech or activities likely will cause a traffic problem, in many situations such an effect is difficult or impossible to predict.”). Regulation 50 fails to give fair notice and therefore violates the mandates of the Fourteenth Amendment.

Regulation 50 is also unconstitutionally broad because it “authorize[s] and even encourage[s] arbitrary and discriminatory enforcement.” Morales, 527 U.S. at 56. Regulation 50’s terms allow law enforcement officials wide discretion to decide whether any given speech is prohibited and arrest the speaker. “Such a statute does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat.” Cox v. Louisiana, 379 U.S. 536, 579 (1965); see Norton v. Discipline Comm. of E. Tenn. State Univ., 399 U.S. 906, 909 (1970) (“Officials of public universities . . . are no more free than policemen or prosecutors to punish speech because it is rude or disrespectful, or because it causes in them vague apprehensions, or because for any other reason they do not like its content.”).

Officers have been observed enforcing Regulation 50 against those protesting President Trump’s Executive Order, but not against those wearing other political shirts or buttons. Officers have not enforced the regulation against other political expression, including those standing in support of military veterans returning home from combat. Seemingly, the only ones who have been subject to this regulation are those who are specifically speaking against President Trump’s Executive Order. “The most meaningful aspect of the vagueness doctrine is . . . the requirement that a legislature establish minimal guidelines to govern law enforcement.” Smith, 415 U.S. at 574. Because the terms allow a police officer leeway to determine that expressive conduct is lawful, or not, they are vague. Regulation 50 permits “a standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.” Kolender v. Lawson, 461 U.S. 352, 358 (1983) (internal citations omitted). It is unconstitutional.

3.5 Absent an injunction, Plaintiffs will suffer irreparable harm.

“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see also Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016); Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) (“[W]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.”); Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016).

Moreover, Plaintiffs’ expression is a time-sensitive response to a nearly unprecedented action by our federal government. But see C. Norwood, A Twitter Tribute to Holocaust Victims, THE ATLANTIC (January 27, 2017), https://www.theatlantic.com/politics/archive/2017/01/jewish-refugees-in-the-us/514742/ (describing the rebuff of refugees fleeing Nazi Germany in 1939, many of whom would be murdered during the Holocaust); Korematsu v. United States, 323 U.S. 214 (1944). Delaying Plaintiffs’ protest, and discouraging Plaintiffs and others from demonstrating, detracts from its importance and provides a false appearance that Denver is not like other cities of all sizes across the country that have mustered sizeable protests at their airports. Denver has held itself out as a “sanctuary city.” Jon Murray, Mayor Hancock says he welcomes “sanctuary city” title if it means Denver supports immigrants and refugees, The DENVER POST (January 30, 2017), http://www.denverpost.com/2017/01/30/mayor-hancock-welcomes-sanctuary-city-title-denver-supports-immigrants-refugees/. For Colorado’s citizens to seemingly show lackluster support in this time of trial would not only irreparable harm Plaintiffs, and others, but it would go against the public interest.

3.6 The balance of the equities weighs in favor of granting a preliminary injunction.

“The balance of equities… generally favors the constitutionally-protected freedom of expression.” Phelps-Roper v. Nixon, 545 F.3d 685, 690 (8th Cir. 2008) overruled on other grounds by Phelps-Roper v. City of Manchester, Mo., 697 F.3d 678 (8th Cir. 2012). Courts have consistently held that when First Amendment freedoms are threatened, the balance of the equities weighs in the Plaintiffs’ favor. See Verlo, 820 F.3d at 1127; Awad, 670 F.3d at 1132. There is no harm to Defendant, who has no significant interest in the enforcement of Regulation 50 since it is likely unconstitutional.

3.7 A preliminary injunction is in the public interest.

“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” Awad, 670 F.3d at 1133 (internal quotation marks omitted); accord Verlo, 820 F.3d at 1127; Pac. Frontier v. Pleasant Grove City, 414 F.3d 1221, 1237 (10th Cir. 2005) (“Vindicating First Amendment freedoms is clearly in the public interest.”); Cate v. Oldham, 707 F.2d 1176, 1190 (10th Cir. 1983) (noting “[t]he strong public interest in protecting First Amendment values”).

4. Conclusion

For the reasons stated, Plaintiffs respectfully request that this Court grant their Motion for a Preliminary Injunction, enjoin enforcement of Regulation 50, and prohibit Defendants from arresting Plaintiffs and all others similarly situated when they engage in First Amendment protected activity within Jeppesen Terminal.

Dated this 6th day of February, 2017

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty
__________________________

David Lane
Andy McNulty
1543 Champa Street, Suite 400 Denver, CO 80202
Counsel for Plaintiffs

US torture industry defends its murder of Marvin Booker at Denver federal courthouse

Stop whining murderous crybabies
DENVER, COLO- Well, you’ve almost missed the most compelling courtroom drama this side of television. Although even on TV you don’t see a judge having to repeatedly admonish the audience to refrain from reacting with audible incredulity at the clueless ambivalence, awkward dissembling, and brazen lies being told on the stand by sheriff deputies and their witnesses concerning the death of Marvin Booker, 56, in their custody on July 9, 2010. National law enforcement experts have been flown in to defend the Denver Sheriff’s Department policies. It’s been quite a laugh and the jury seems wise to the scheme. Closing arguments begin Friday. If you’ve followed the Denver Post coverage you can skip the next paragraph, but those who’ve been packing the federal courtroom these past three weeks can assure you, you haven’t been treated to the half of it.

Four years ago Marvin Booker, an itinerant African American street preacher who weighed 135 pounds, died under a pileup of Denver Sheriff deputies simultaneously restraining him, kneeling on his prone body, twisting his wrists, contorting his ankles with nunchucks, choking him by the neck, and Tasing him. All of these methods are permitted means of “pain compliance”. Denver County Jail deputies assert they were trying to stop Booker from struggling. Asked one juror: “Could you keep still if you thought you were being killed?”

They held Marvin Booker in a carotid choke hold for two and a half minutes, and tased him for up 27 seconds.

Perhaps you’ve heard about the anomalies. The deputies met afterward to get their stories straight. Surveillance footage is missing, video of inmate witness testimony is missing, the taser is missing! Now everyone’s memory has gone missing too, they even try the excuse in the present. “No I don’t recall seeing myself do that in the video just now.” But most of what may be damning video is gone. The deputies were said to be high-fiving themselves afterward in an area where the camera footage is missing.

The significance of the missing taser means follow-up investigations can conclude its use is unproved. Another taser with a timestamp indicating it was deployed at an event forty minutes later, was fired for eight seconds. The video and inmate witnesses suggest Booker was tased for 27 seconds, but because the first taser surrendered to investigators hadn’t been fired at all, authorities are allowing for the implausible: that Booker wasn’t tased at all.

[work in progress]

The Putin knock-knock joke is easier to find than his Kremlin speech on Crimea

Putin Obama Knock Knock Joke - Crimea RiverThis graphic circulating on the interwebs is a lot easier to find than Vladimir Putin’s March 18 address to the Kremlin about the referendum in Crimea after the Western coup in Ukraine. Bypassing dubious translations excerpted on Capitalist media sites, here is a transcript of his speech direct from the Kremlin. Putin is no hero, but he threatens US-EU banking hegemony, gives asylum to Edward Snowden, and executes zero people with drones.

QUOTING PRESIDENT OF RUSSIA VLADIMIR PUTIN:
Federation Council members, State Duma deputies, good afternoon. Representatives of the Republic of Crimea and Sevastopol are here among us, citizens of Russia, residents of Crimea and Sevastopol!

Dear friends, we have gathered here today in connection with an issue that is of vital, historic significance to all of us. A referendum was held in Crimea on March 16 in full compliance with democratic procedures and international norms.

More than 82 percent of the electorate took part in the vote. Over 96 percent of them spoke out in favour of reuniting with Russia. These numbers speak for themselves.

To understand the reason behind such a choice it is enough to know the history of Crimea and what Russia and Crimea have always meant for each other.

Everything in Crimea speaks of our shared history and pride. This is the location of ancient Khersones, where Prince Vladimir was baptised. His spiritual feat of adopting Orthodoxy predetermined the overall basis of the culture, civilisation and human values that unite the peoples of Russia, Ukraine and Belarus. The graves of Russian soldiers whose bravery brought Crimea into the Russian empire are also in Crimea. This is also Sevastopol – a legendary city with an outstanding history, a fortress that serves as the birthplace of Russia’s Black Sea Fleet. Crimea is Balaklava and Kerch, Malakhov Kurgan and Sapun Ridge. Each one of these places is dear to our hearts, symbolising Russian military glory and outstanding valour.

Crimea is a unique blend of different peoples’ cultures and traditions. This makes it similar to Russia as a whole, where not a single ethnic group has been lost over the centuries. Russians and Ukrainians, Crimean Tatars and people of other ethnic groups have lived side by side in Crimea, retaining their own identity, traditions, languages and faith.

Incidentally, the total population of the Crimean Peninsula today is 2.2 million people, of whom almost 1.5 million are Russians, 350,000 are Ukrainians who predominantly consider Russian their native language, and about 290,000-300,000 are Crimean Tatars, who, as the referendum has shown, also lean towards Russia.

True, there was a time when Crimean Tatars were treated unfairly, just as a number of other peoples in the USSR. There is only one thing I can say here: millions of people of various ethnicities suffered during those repressions, and primarily Russians.

Crimean Tatars returned to their homeland. I believe we should make all the necessary political and legislative decisions to finalise the rehabilitation of Crimean Tatars, restore them in their rights and clear their good name.

We have great respect for people of all the ethnic groups living in Crimea. This is their common home, their motherland, and it would be right – I know the local population supports this – for Crimea to have three equal national languages: Russian, Ukrainian and Tatar.

Colleagues,

In people’s hearts and minds, Crimea has always been an inseparable part of Russia. This firm conviction is based on truth and justice and was passed from generation to generation, over time, under any circumstances, despite all the dramatic changes our country went through during the entire 20th century.

After the revolution, the Bolsheviks, for a number of reasons – may God judge them – added large sections of the historical South of Russia to the Republic of Ukraine. This was done with no consideration for the ethnic make-up of the population, and today these areas form the southeast of Ukraine. Then, in 1954, a decision was made to transfer Crimean Region to Ukraine, along with Sevastopol, despite the fact that it was a federal city. This was the personal initiative of the Communist Party head Nikita Khrushchev. What stood behind this decision of his – a desire to win the support of the Ukrainian political establishment or to atone for the mass repressions of the 1930’s in Ukraine – is for historians to figure out.

What matters now is that this decision was made in clear violation of the constitutional norms that were in place even then. The decision was made behind the scenes. Naturally, in a totalitarian state nobody bothered to ask the citizens of Crimea and Sevastopol. They were faced with the fact. People, of course, wondered why all of a sudden Crimea became part of Ukraine. But on the whole – and we must state this clearly, we all know it – this decision was treated as a formality of sorts because the territory was transferred within the boundaries of a single state. Back then, it was impossible to imagine that Ukraine and Russia may split up and become two separate states. However, this has happened.

Unfortunately, what seemed impossible became a reality. The USSR fell apart. Things developed so swiftly that few people realised how truly dramatic those events and their consequences would be. Many people both in Russia and in Ukraine, as well as in other republics hoped that the Commonwealth of Independent States that was created at the time would become the new common form of statehood. They were told that there would be a single currency, a single economic space, joint armed forces; however, all this remained empty promises, while the big country was gone. It was only when Crimea ended up as part of a different country that Russia realised that it was not simply robbed, it was plundered.

At the same time, we have to admit that by launching the sovereignty parade Russia itself aided in the collapse of the Soviet Union. And as this collapse was legalised, everyone forgot about Crimea and Sevastopol ­– the main base of the Black Sea Fleet. Millions of people went to bed in one country and awoke in different ones, overnight becoming ethnic minorities in former Union republics, while the Russian nation became one of the biggest, if not the biggest ethnic group in the world to be divided by borders.

Now, many years later, I heard residents of Crimea say that back in 1991 they were handed over like a sack of potatoes. This is hard to disagree with. And what about the Russian state? What about Russia? It humbly accepted the situation. This country was going through such hard times then that realistically it was incapable of protecting its interests. However, the people could not reconcile themselves to this outrageous historical injustice. All these years, citizens and many public figures came back to this issue, saying that Crimea is historically Russian land and Sevastopol is a Russian city. Yes, we all knew this in our hearts and minds, but we had to proceed from the existing reality and build our good-neighbourly relations with independent Ukraine on a new basis. Meanwhile, our relations with Ukraine, with the fraternal Ukrainian people have always been and will remain of foremost importance for us.

Today we can speak about it openly, and I would like to share with you some details of the negotiations that took place in the early 2000s. The then President of Ukraine Mr Kuchma asked me to expedite the process of delimiting the Russian-Ukrainian border. At that time, the process was practically at a standstill. Russia seemed to have recognised Crimea as part of Ukraine, but there were no negotiations on delimiting the borders. Despite the complexity of the situation, I immediately issued instructions to Russian government agencies to speed up their work to document the borders, so that everyone had a clear understanding that by agreeing to delimit the border we admitted de facto and de jure that Crimea was Ukrainian territory, thereby closing the issue.

We accommodated Ukraine not only regarding Crimea, but also on such a complicated matter as the maritime boundary in the Sea of Azov and the Kerch Strait. What we proceeded from back then was that good relations with Ukraine matter most for us and they should not fall hostage to deadlock territorial disputes. However, we expected Ukraine to remain our good neighbour, we hoped that Russian citizens and Russian speakers in Ukraine, especially its southeast and Crimea, would live in a friendly, democratic and civilised state that would protect their rights in line with the norms of international law.

However, this is not how the situation developed. Time and time again attempts were made to deprive Russians of their historical memory, even of their language and to subject them to forced assimilation. Moreover, Russians, just as other citizens of Ukraine are suffering from the constant political and state crisis that has been rocking the country for over 20 years.

I understand why Ukrainian people wanted change. They have had enough of the authorities in power during the years of Ukraine’s independence. Presidents, prime ministers and parliamentarians changed, but their attitude to the country and its people remained the same. They milked the country, fought among themselves for power, assets and cash flows and did not care much about the ordinary people. They did not wonder why it was that millions of Ukrainian citizens saw no prospects at home and went to other countries to work as day labourers. I would like to stress this: it was not some Silicon Valley they fled to, but to become day labourers. Last year alone almost 3 million people found such jobs in Russia. According to some sources, in 2013 their earnings in Russia totalled over $20 billion, which is about 12% of Ukraine’s GDP.

I would like to reiterate that I understand those who came out on Maidan with peaceful slogans against corruption, inefficient state management and poverty. The right to peaceful protest, democratic procedures and elections exist for the sole purpose of replacing the authorities that do not satisfy the people. However, those who stood behind the latest events in Ukraine had a different agenda: they were preparing yet another government takeover; they wanted to seize power and would stop short of nothing. They resorted to terror, murder and riots. Nationalists, neo-Nazis, Russophobes and anti-Semites executed this coup. They continue to set the tone in Ukraine to this day.

The new so-called authorities began by introducing a draft law to revise the language policy, which was a direct infringement on the rights of ethnic minorities. However, they were immediately ‘disciplined’ by the foreign sponsors of these so-called politicians. One has to admit that the mentors of these current authorities are smart and know well what such attempts to build a purely Ukrainian state may lead to. The draft law was set aside, but clearly reserved for the future. Hardly any mention is made of this attempt now, probably on the presumption that people have a short memory. Nevertheless, we can all clearly see the intentions of these ideological heirs of Bandera, Hitler’s accomplice during World War II.

It is also obvious that there is no legitimate executive authority in Ukraine now, nobody to talk to. Many government agencies have been taken over by the impostors, but they do not have any control in the country, while they themselves – and I would like to stress this – are often controlled by radicals. In some cases, you need a special permit from the militants on Maidan to meet with certain ministers of the current government. This is not a joke – this is reality.

Those who opposed the coup were immediately threatened with repression. Naturally, the first in line here was Crimea, the Russian-speaking Crimea. In view of this, the residents of Crimea and Sevastopol turned to Russia for help in defending their rights and lives, in preventing the events that were unfolding and are still underway in Kiev, Donetsk, Kharkov and other Ukrainian cities.

Naturally, we could not leave this plea unheeded; we could not abandon Crimea and its residents in distress. This would have been betrayal on our part.

First, we had to help create conditions so that the residents of Crimea for the first time in history were able to peacefully express their free will regarding their own future. However, what do we hear from our colleagues in Western Europe and North America? They say we are violating norms of international law. Firstly, it’s a good thing that they at least remember that there exists such a thing as international law – better late than never.

Secondly, and most importantly – what exactly are we violating? True, the President of the Russian Federation received permission from the Upper House of Parliament to use the Armed Forces in Ukraine. However, strictly speaking, nobody has acted on this permission yet. Russia’s Armed Forces never entered Crimea; they were there already in line with an international agreement. True, we did enhance our forces there; however – this is something I would like everyone to hear and know – we did not exceed the personnel limit of our Armed Forces in Crimea, which is set at 25,000, because there was no need to do so.

Next. As it declared independence and decided to hold a referendum, the Supreme Council of Crimea referred to the United Nations Charter, which speaks of the right of nations to self-determination. Incidentally, I would like to remind you that when Ukraine seceded from the USSR it did exactly the same thing, almost word for word. Ukraine used this right, yet the residents of Crimea are denied it. Why is that?

Moreover, the Crimean authorities referred to the well-known Kosovo precedent – a precedent our western colleagues created with their own hands in a very similar situation, when they agreed that the unilateral separation of Kosovo from Serbia, exactly what Crimea is doing now, was legitimate and did not require any permission from the country’s central authorities. Pursuant to Article 2, Chapter 1 of the United Nations Charter, the UN International Court agreed with this approach and made the following comment in its ruling of July 22, 2010, and I quote: “No general prohibition may be inferred from the practice of the Security Council with regard to declarations of independence,” and “General international law contains no prohibition on declarations of independence.” Crystal clear, as they say.

I do not like to resort to quotes, but in this case, I cannot help it. Here is a quote from another official document: the Written Statement of the United States America of April 17, 2009, submitted to the same UN International Court in connection with the hearings on Kosovo. Again, I quote: “Declarations of independence may, and often do, violate domestic legislation. However, this does not make them violations of international law.” End of quote. They wrote this, disseminated it all over the world, had everyone agree and now they are outraged. Over what? The actions of Crimean people completely fit in with these instructions, as it were. For some reason, things that Kosovo Albanians (and we have full respect for them) were permitted to do, Russians, Ukrainians and Crimean Tatars in Crimea are not allowed. Again, one wonders why.

We keep hearing from the United States and Western Europe that Kosovo is some special case. What makes it so special in the eyes of our colleagues? It turns out that it is the fact that the conflict in Kosovo resulted in so many human casualties. Is this a legal argument? The ruling of the International Court says nothing about this. This is not even double standards; this is amazing, primitive, blunt cynicism. One should not try so crudely to make everything suit their interests, calling the same thing white today and black tomorrow. According to this logic, we have to make sure every conflict leads to human losses.

I will state clearly – if the Crimean local self-defence units had not taken the situation under control, there could have been casualties as well. Fortunately this did not happen. There was not a single armed confrontation in Crimea and no casualties. Why do you think this was so? The answer is simple: because it is very difficult, practically impossible to fight against the will of the people. Here I would like to thank the Ukrainian military – and this is 22,000 fully armed servicemen. I would like to thank those Ukrainian service members who refrained from bloodshed and did not smear their uniforms in blood.

Other thoughts come to mind in this connection. They keep talking of some Russian intervention in Crimea, some sort of aggression. This is strange to hear. I cannot recall a single case in history of an intervention without a single shot being fired and with no human casualties.

Colleagues,

Like a mirror, the situation in Ukraine reflects what is going on and what has been happening in the world over the past several decades. After the dissolution of bipolarity on the planet, we no longer have stability. Key international institutions are not getting any stronger; on the contrary, in many cases, they are sadly degrading. Our western partners, led by the United States of America, prefer not to be guided by international law in their practical policies, but by the rule of the gun. They have come to believe in their exclusivity and exceptionalism, that they can decide the destinies of the world, that only they can ever be right. They act as they please: here and there, they use force against sovereign states, building coalitions based on the principle “If you are not with us, you are against us.” To make this aggression look legitimate, they force the necessary resolutions from international organisations, and if for some reason this does not work, they simply ignore the UN Security Council and the UN overall.

This happened in Yugoslavia; we remember 1999 very well. It was hard to believe, even seeing it with my own eyes, that at the end of the 20th century, one of Europe’s capitals, Belgrade, was under missile attack for several weeks, and then came the real intervention. Was there a UN Security Council resolution on this matter, allowing for these actions? Nothing of the sort. And then, they hit Afghanistan, Iraq, and frankly violated the UN Security Council resolution on Libya, when instead of imposing the so-called no-fly zone over it they started bombing it too.

There was a whole series of controlled “colour” revolutions. Clearly, the people in those nations, where these events took place, were sick of tyranny and poverty, of their lack of prospects; but these feelings were taken advantage of cynically. Standards were imposed on these nations that did not in any way correspond to their way of life, traditions, or these peoples’ cultures. As a result, instead of democracy and freedom, there was chaos, outbreaks in violence and a series of upheavals. The Arab Spring turned into the Arab Winter.

A similar situation unfolded in Ukraine. In 2004, to push the necessary candidate through at the presidential elections, they thought up some sort of third round that was not stipulated by the law. It was absurd and a mockery of the constitution. And now, they have thrown in an organised and well-equipped army of militants.

We understand what is happening; we understand that these actions were aimed against Ukraine and Russia and against Eurasian integration. And all this while Russia strived to engage in dialogue with our colleagues in the West. We are constantly proposing cooperation on all key issues; we want to strengthen our level of trust and for our relations to be equal, open and fair. But we saw no reciprocal steps.

On the contrary, they have lied to us many times, made decisions behind our backs, placed us before an accomplished fact. This happened with NATO’s expansion to the East, as well as the deployment of military infrastructure at our borders. They kept telling us the same thing: “Well, this does not concern you.” That’s easy to say.

It happened with the deployment of a missile defence system. In spite of all our apprehensions, the project is working and moving forward. It happened with the endless foot-dragging in the talks on visa issues, promises of fair competition and free access to global markets.

Today, we are being threatened with sanctions, but we already experience many limitations, ones that are quite significant for us, our economy and our nation. For example, still during the times of the Cold War, the US and subsequently other nations restricted a large list of technologies and equipment from being sold to the USSR, creating the Coordinating Committee for Multilateral Export Controls list. Today, they have formally been eliminated, but only formally; and in reality, many limitations are still in effect.

In short, we have every reason to assume that the infamous policy of containment, led in the 18th, 19th and 20th centuries, continues today. They are constantly trying to sweep us into a corner because we have an independent position, because we maintain it and because we call things like they are and do not engage in hypocrisy. But there is a limit to everything. And with Ukraine, our western partners have crossed the line, playing the bear and acting irresponsibly and unprofessionally.

After all, they were fully aware that there are millions of Russians living in Ukraine and in Crimea. They must have really lacked political instinct and common sense not to foresee all the consequences of their actions. Russia found itself in a position it could not retreat from. If you compress the spring all the way to its limit, it will snap back hard. You must always remember this.

Today, it is imperative to end this hysteria, to refute the rhetoric of the cold war and to accept the obvious fact: Russia is an independent, active participant in international affairs; like other countries, it has its own national interests that need to be taken into account and respected.

At the same time, we are grateful to all those who understood our actions in Crimea; we are grateful to the people of China, whose leaders have always considered the situation in Ukraine and Crimea taking into account the full historical and political context, and greatly appreciate India’s reserve and objectivity.

Today, I would like to address the people of the United States of America, the people who, since the foundation of their nation and adoption of the Declaration of Independence, have been proud to hold freedom above all else. Isn’t the desire of Crimea’s residents to freely choose their fate such a value? Please understand us.

I believe that the Europeans, first and foremost, the Germans, will also understand me. Let me remind you that in the course of political consultations on the unification of East and West Germany, at the expert, though very high level, some nations that were then and are now Germany’s allies did not support the idea of unification. Our nation, however, unequivocally supported the sincere, unstoppable desire of the Germans for national unity. I am confident that you have not forgotten this, and I expect that the citizens of Germany will also support the aspiration of the Russians, of historical Russia, to restore unity.

I also want to address the people of Ukraine. I sincerely want you to understand us: we do not want to harm you in any way, or to hurt your national feelings. We have always respected the territorial integrity of the Ukrainian state, incidentally, unlike those who sacrificed Ukraine’s unity for their political ambitions. They flaunt slogans about Ukraine’s greatness, but they are the ones who did everything to divide the nation. Today’s civil standoff is entirely on their conscience. I want you to hear me, my dear friends. Do not believe those who want you to fear Russia, shouting that other regions will follow Crimea. We do not want to divide Ukraine; we do not need that. As for Crimea, it was and remains a Russian, Ukrainian, and Crimean-Tatar land.

I repeat, just as it has been for centuries, it will be a home to all the peoples living there. What it will never be and do is follow in Bandera’s footsteps!

Crimea is our common historical legacy and a very important factor in regional stability. And this strategic territory should be part of a strong and stable sovereignty, which today can only be Russian. Otherwise, dear friends (I am addressing both Ukraine and Russia), you and we – the Russians and the Ukrainians – could lose Crimea completely, and that could happen in the near historical perspective. Please think about it.

Let me note too that we have already heard declarations from Kiev about Ukraine soon joining NATO. What would this have meant for Crimea and Sevastopol in the future? It would have meant that NATO’s navy would be right there in this city of Russia’s military glory, and this would create not an illusory but a perfectly real threat to the whole of southern Russia. These are things that could have become reality were it not for the choice the Crimean people made, and I want to say thank you to them for this.

But let me say too that we are not opposed to cooperation with NATO, for this is certainly not the case. For all the internal processes within the organisation, NATO remains a military alliance, and we are against having a military alliance making itself at home right in our backyard or in our historic territory. I simply cannot imagine that we would travel to Sevastopol to visit NATO sailors. Of course, most of them are wonderful guys, but it would be better to have them come and visit us, be our guests, rather than the other way round.

Let me say quite frankly that it pains our hearts to see what is happening in Ukraine at the moment, see the people’s suffering and their uncertainty about how to get through today and what awaits them tomorrow. Our concerns are understandable because we are not simply close neighbours but, as I have said many times already, we are one people. Kiev is the mother of Russian cities. Ancient Rus is our common source and we cannot live without each other.

Let me say one other thing too. Millions of Russians and Russian-speaking people live in Ukraine and will continue to do so. Russia will always defend their interests using political, diplomatic and legal means. But it should be above all in Ukraine’s own interest to ensure that these people’s rights and interests are fully protected. This is the guarantee of Ukraine’s state stability and territorial integrity.

We want to be friends with Ukraine and we want Ukraine to be a strong, sovereign and self-sufficient country. Ukraine is one of our biggest partners after all. We have many joint projects and I believe in their success no matter what the current difficulties. Most importantly, we want peace and harmony to reign in Ukraine, and we are ready to work together with other countries to do everything possible to facilitate and support this. But as I said, only Ukraine’s own people can put their own house in order.

Residents of Crimea and the city of Sevastopol, the whole of Russia admired your courage, dignity and bravery. It was you who decided Crimea’s future. We were closer than ever over these days, supporting each other. These were sincere feelings of solidarity. It is at historic turning points such as these that a nation demonstrates its maturity and strength of spirit. The Russian people showed this maturity and strength through their united support for their compatriots.

Russia’s foreign policy position on this matter drew its firmness from the will of millions of our people, our national unity and the support of our country’s main political and public forces. I want to thank everyone for this patriotic spirit, everyone without exception. Now, we need to continue and maintain this kind of consolidation so as to resolve the tasks our country faces on its road ahead.

Obviously, we will encounter external opposition, but this is a decision that we need to make for ourselves. Are we ready to consistently defend our national interests, or will we forever give in, retreat to who knows where? Some Western politicians are already threatening us with not just sanctions but also the prospect of increasingly serious problems on the domestic front. I would like to know what it is they have in mind exactly: action by a fifth column, this disparate bunch of ‘national traitors’, or are they hoping to put us in a worsening social and economic situation so as to provoke public discontent? We consider such statements irresponsible and clearly aggressive in tone, and we will respond to them accordingly. At the same time, we will never seek confrontation with our partners, whether in the East or the West, but on the contrary, will do everything we can to build civilised and good-neighbourly relations as one is supposed to in the modern world.

Colleagues,

I understand the people of Crimea, who put the question in the clearest possible terms in the referendum: should Crimea be with Ukraine or with Russia? We can be sure in saying that the authorities in Crimea and Sevastopol, the legislative authorities, when they formulated the question, set aside group and political interests and made the people’s fundamental interests alone the cornerstone of their work. The particular historic, population, political and economic circumstances of Crimea would have made any other proposed option – however tempting it could be at the first glance – only temporary and fragile and would have inevitably led to further worsening of the situation there, which would have had disastrous effects on people’s lives. The people of Crimea thus decided to put the question in firm and uncompromising form, with no grey areas. The referendum was fair and transparent, and the people of Crimea clearly and convincingly expressed their will and stated that they want to be with Russia.

Russia will also have to make a difficult decision now, taking into account the various domestic and external considerations. What do people here in Russia think? Here, like in any democratic country, people have different points of view, but I want to make the point that the absolute majority of our people clearly do support what is happening.

The most recent public opinion surveys conducted here in Russia show that 95 percent of people think that Russia should protect the interests of Russians and members of other ethnic groups living in Crimea – 95 percent of our citizens. More than 83 percent think that Russia should do this even if it will complicate our relations with some other countries. A total of 86 percent of our people see Crimea as still being Russian territory and part of our country’s lands. And one particularly important figure, which corresponds exactly with the result in Crimea’s referendum: almost 92 percent of our people support Crimea’s reunification with Russia.

Thus we see that the overwhelming majority of people in Crimea and the absolute majority of the Russian Federation’s people support the reunification of the Republic of Crimea and the city of Sevastopol with Russia.

Now this is a matter for Russia’s own political decision, and any decision here can be based only on the people’s will, because the people is the ultimate source of all authority.

Members of the Federation Council, deputies of the State Duma, citizens of Russia, residents of Crimea and Sevastopol, today, in accordance with the people’s will, I submit to the Federal Assembly a request to consider a Constitutional Law on the creation of two new constituent entities within the Russian Federation: the Republic of Crimea and the city of Sevastopol, and to ratify the treaty on admitting to the Russian Federation Crimea and Sevastopol, which is already ready for signing. I stand assured of your support.

Fuck the Police, say it for those who can’t

If you’re bleeding from a rollover accident and you’re a black male who’s prompted a white suburbanite to call the police, who arrive and shoot you; if you’re a non-suicidale teen who’s fallen from an overpass, broken your back, only to be tased a dozen times for non-compliance; or if you’re a 107-year-old man in his bedroom tormented by mischievous tenants who connive to have you terminated by SWAT, you can’t say “fuck the police”. We can hope each of these victims had the chance to curse the officers before their demise. It’s probably not unimaginable that these law enforcement overreactions might have been occasioned by the victims’ expressed astonishment, no doubt profane, that one, police were called without cause, two, they responded anyway, and three, their reaction was to escalate. If you are breaking no law and police are obstructing your pursuit of happiness, disabuse them of their misconception of authority, or they will kill all of us.

Growth Busters’ all white cast asks dark skinned people not to have kids

COLORADO SPRINGS- Local filmmaker, city council candidate, and critic of urban sprawl, Dave Gardner, screened his new doc GROWTHBUSTERS to a receptive hometown audience last night, on the heels of its world premier in Washington DC. Gardner has long defined his personal mission as questioning the wisdom of “growth”. Finally his unpopular theme is gaining traction. With GrowthBusters Gardner addresses economic growth, rampant consumption, carbon footprints and over-development, building to what he’s decided is the most elephantine challenge in the room, global population growth. Except, I’m sorry, that’s an elephant of another color. I resisted the Q & A, not wanting to pull down the evening’s celebratory curve. A giddy panel of white folk is for me as much a temptation as the easy target Gardner chose. In the privacy of the internet, we at Not My Tribe don’t have bubbles we’re too reluctant to burst.

Dave Gardner’s long unrewarded campaign against our city’s recidivist, graft-driven, and ever tragically unsustainable growth is so damn laudable, and his chopping away at the Capitalist assumptions of neoclassical economists is so urgently pertinent. But by folding both into the Inconvenient Truth of exponential global population rise, does Gardner mean the Colorado Springs audience takeaway to be we must distribute condoms to our Machiavellian land developers?

Let me first applaud Gardner’s critique of our region’s imbecilic growth. It’s ugly and residents are unhappy but powerless to depose the greedy exploitative speculators in charge. A memorable segment describes the Southern Delivery system being built to bring Pueblo water northward to serve El Paso County’s endless eastward developments. The energy to pump that water uphill will require the output of an average coal fired power plant, that much more emissions, pollution and coal ash.

Over the years Gardner has proven to be more than a gadfly battling our land barons. When he challenged Jerry Heimlicher, a pro-growth incumbent for a seat at the city council, the otherwise like-minded progressive adversary beat him, only to resign after his victory to make a sudden move out of town, leaving the position to be chosen by the usual undemocratic powers, looking suspiciously like his campaign had been a desperate measure to keep Gardner’s anti-growth voice off the council. There’s more to applaud about Gardner locally, but first–

I know this is easy to overlook in Colorado Springs, but Dave, the demographic character of the Stargazer Theater audience was what, last night, entirely white? It was, and probably not coincidentally, the dozens of experts you interviewed onscreen were also with one single exception white. Further, I’m sure we can agree the economic class represented was equally homogeneous; let’s call it comfortable. Tell us then, Dave, what does Middle America’s middle class white birthrate add to the worrisome arc of population growth?

Not that I think any socioeconomic group should address itself to out-breeding the next, but an audience with a zero or negative birthrate hardly needs to concentrate on curbing its numbers. Anticipating the challenges of exponential population growth is important, but HOW UNSEEMLY for a white community to plot counter-reproductive measures for the larger masses, specifically the darker-complected Global South, virtually all of its peoples lesser advantaged?

And let me add, how embarrassing that a Grist Magazine editor wants to brag about her lifestyle choice not to have a family, exchanged for the benefit of a “more dynamic schedule” which leaves her more easily free to join three similarly unencumbered friends for coffee.

We’re trading our biological imperative to live a Seinfeld episode?

I am not accusing anyone of deliberate racism, unlike the Sierra Club, who was certain this documentary took aim at Hispanic Americans. This was a detail we learned from the post-screening panel discussion. The local Sierra Club chairperson who sat on the panel last night told us that the national office was alarmed to learn that its Colorado Springs chapter was cosponsoring a documentary which called for curbing population growth. She assured her headquarters that she knew Dave Gardner personally and that GrowthBusters‘s thesis was above reproach. In particular, she explained, it didn’t target illegal immigration, which she presumed was their worry. To clarify, she was thinking: not birthrate but immigration rate, not global population growth but national population growth.

Population growth as it threatens America.

Once again we are reminded of the provincial brain freeze that characterizes our community. Even progressive ideals become distorted by the gravitational pull of our Tea Party tendencies. We support national reformist campaigns, but only to the limit of our stunted conservative comprehension.

Yes, discussing how to limit the birthrate of people of color is racist. It’s White Man’s Burden theology to believe that it is the privilege of the developed white world to decide for our lesser brethren whether they can procreate.

How is rushing to Dave Gardner’s defense, vouching for him that no racist insensitivity was intended, very much different from the excuse given by Congressman Doug Lamborn when he called President Obama a Tar Baby? Lamborn explained that he didn’t know black people were offended by “Tar Baby”. Would it really surprise Gardner that his call for White America to be alarmed about population growth, would threaten the of-color communities whose cultures still encourage having children?

Dave Gardner partnered with strange bedfellows when he took his anti-growth message to what he thought was the next level. The experts he interviewed are well aware their prognostications invite accusations of racism. I found it rather odd that one of them, speaking for the Club of Rome, was not introduced with his organization’s repute fully disclaimed.

If I were to guess, hitting upon the population question is where Gardner’s production finally took wing. Friends were recounting last night how he’d labored on the project for over half a decade, one scene shows Gardner lamenting the lack of financing available for a subject such as his. In the local sequences of GrowthBusters, the subject was about development and sustainability, while all the national interviews concerned population growth. When Gardner described the last year spent immersed in the project, I’m guessing that’s when underwriting for the population meme kicked in. The small cadre of usual suspects advancing today’s equivalent of eugenics theory were probably eager to add a fresh name to their roster. Yesteryear’s infamous population doomsayer Malthus was reviled because people inherently equated dire population projections with depopulation solutions. Malthus’ inheritors are accustomed to the same heat.

It is hard not to wonder if the First World’s cavalier disregard of climate change is because depopulation programs are being readied on the front burner. Peak oil, diminishing resources, declining agricultural yields and higher ecological toxicities cease to threaten human survival with the implementation of depopulation scenarios. Presentations like Gardner’s which reinforce the imperative of reducing the world population, create the popular consent with which population control compliance can be manufactured.

I’d have no problem with population growth engineering if it meant applying in the Third World, the proven method that has subdued the birthrate in the First World. Prosperity. If developed nations could share their abundance and education with the developing world, rendering the wealth of Africa’s natural resources back to Africa’s people for example, they’ll arrive at zero birthrates just like ours.

SPOILER ALERT: Redistribution of resources is not in the cards among the solutions which GrowthBusters suggests. Instead the feel good conclusion of this movie revolves around local applications of sustainability measures. Here I should confess I have a prejudice to corpulent over-eaters lecturing others on sustainability. Austerity measures are danced around, and a suggestion of cutting work hours to twenty one hours a week masks obviously a 50% cut in income.

Just as Gardner celebrates a return to hands-on farming, the oversimplified doubt he casts on the benefit of financial growth ignores the technological progress we all enjoy as its result. Gardner lampoons government planners who look to compensate for trends toward zero birthrates. They’re not “pro-growth”, they mean to fill diminishing labor pools. This is why the US invites its illegal immigrant workers. An increasingly idle population, mostly aging, needs people to service it. The benefit of growth and development was by design at least a rising tide for all.

I say we all, but who is comforted by Gardner’s thesis? How many of us have the savings to invest in a house with land to farm, install an orchard and solar panels to take ourselves off the grid, prepared to barter with our neighbors for the necessities we cannot make ourselves? Few of us live near an American dairy brave enough to defy government regulations against raw milk, I dare say that demographic has shrunk to approximate, no coincidence, the currently proverbial “one percent”. How many of us have access to community shared farms? I’ll hazard a guess you probably can’t afford to buy shares in the farms we have already, Grant Farms or Venetucci.

Let’s be honest about who’s supposed to be cutting back on having babies, and who’s in the position to weather the austere future mankind faces. One of the final scenes of Gardner’s domestic sustainable bliss depicted a model family unit belonging to one of the population growth think tanks. I’d like to think this was an oversight, but in a passing bit of the b-roll footage the audience was let to see that one of the white affluent women was pregnant.

CSPD acquires urban assault vehicle. What line have activist informants been feeding them?

COLO. SPRINGS- This image just in from a reconnoiter of the downtown police garage. The CSPD has mobilized an urban assault vehicle, for, I don’t know what, keeping up with the Jones’s? Ever since Springs police decided that the Pikes Peak Justice & Peace Commission held gravitational pull over all political dissent in El Paso County, the CSPD holds weekly briefings with a PPJPC staffer, and of late they’ve added morning tete-a-tetes with an OCCUPY delegate from Acacia Park. What are those “representatives” telling them? That law enforcement needs bigger ammo? Would now be the time to suggest we call organizers who grease the mechanisms of oppression, however ill-conceived their intention, by a more appropriate term, RATS?

I can understand neighbors with differing opinions about whether cops need more helicopters, or K-9 intimidation duos, but how ever does the ordinary citizen rationalize that their police department needs riot equipment? To protect us from ourselves? We found out a couple years ago that the CSPD has a busload of their own people-suppression gear. Now we have an armored personnel carrier for cops? Because they can’t drag defenseless nonviolent protesters across the pavement without mechanization? The Acacia Park protesters have been happy to seek permits to set up their literature canopies and have organized community service cleanup actions to put a shine on their model compliance, meanwhile the police are arming up…

EPILOG:
Is this a political cheap shot? Yes. It’s trash talk. No argument. Why and when Colorado Springs took delivery of an armored vehicle is entirely conjecture. Maybe it’s the usual cost-plus profiteering scheme. That’s not really the point. The point is, what intelligence is CSPD getting from their de facto adversaries?

The sight of a new armored vehicle to use against civilians should be a major embarrassment to someone who considers themselves tasked with offering assurances to the city that all local protest will be inoffensive and dismissible.

The CSPD needs armor WHY? Not even crime here has ever escalated to a level which would require an armored assault by the police.

I was content to leave it at that, but oh well, some people need it explained.

It is not conceivable that anything public citizen advisers might have whispered at regular meetups would have prompted the CSPD to armor up. But what are the collaborators conferring with police about? We know the why, for a seat at the table, so what goals are they selling out?

It would be false praise to suggest the PPJPC had a role in bringing the armored UAV to town. But the PPJPC cannot escape responsibility for eroding the role and breadth of activism in this city. In particular for playing informant to the CSPD, for being the conduit of intimidation which the police want to push the other way, and for employing an executive director who has a personal resolve against confrontational activism. You won’t see him at protests, organizing protests, or promoting protests. You’ll see him keeping his meetings with other respectable nonprofit heads, and his appointments with the CSPD, and fielding their calls when they catch wind of other dissenters. No surprise that a once energetic PPJPC is now but a social justice knitting circle of communion takers.

Of course it’s worse, because Colorado Springs social circles are small enough that the CSPD only needs one snitch. Not that any illegal activities have been planned, certainly no violence, but the CSPD wants to keep tabs, and the PPJPC is happy enough to believe that if you have nothing to hide, then keeping city authorities informed shouldn’t threaten you.

For those who need this spelled out: civil disobedience is by definition illegal, and benefits incalculably from putting authorities on the spot. Giving them your game plan in exchange for not upsetting the apple cart does not favor those who are protesting the apple cart.

So what is whispered in these regular meetings with the police? Let’s imagine only the most innocent possibilities. Who’s new to town, who’s jumping on this national campaign, who’s retreating from the fallout from that recent action, what’s the scuttlebutt, what’s to these rumors, and what are CSPD’s concerns. It makes me nearly sick to think about. The relationship must be as with a lobbyist. The collaborator is enjoined to take responsibility for keeping the peace. Any surprises and it’s their rapport that suffers. Police embarrassed on the street? No cookie for you.

Occupy Colorado Springs organizers have fallen for the same bait, a quasi permitted stay in Acacia Park in exchange for daily updates with the police. A special relationship is how I believe it’s being billed. You’d probably call it a morning coffee with your boss, with info flowing his way, instructions coming yours.

If you are hoping to reform the system, thinking you have allies among the blimp-necks sworn to uphold it TO THE LETTER is probably wrongheaded.

The ugly arrangement at the PPJPC didn’t begin with Executive Director Steve Saint. The PPJPC sat down in 2003 after an antiwar rally was teargassed, to hash out a code of conduct agreement with the CSPD. Membership balked at such a prospect and the project was abandoned, but left the city with a paper trail with which to claim it believed it had cemented a deal and would consider further trouble to be a breach of the agreement. This came to light after the St Patrick’s Day Parade fiasco of 2007. An event which provoked the larges upsurge in participation in the PPJPC but rapidly dropped off with its failure to capitalize on the visibility.

I know a little about that because I was chairman in that aftermath, fighting an insubordinate staff who only slowly revealed their ulterior motives and stacked the board against me. The rationale? Public protests hurt alliances with other non profits. Being anti-military preempted cooperation with almost all the other social causes in an army town.

It’s of course a long story, but in the end you’ve got a career staff member determined to jettison antiwar efforts for the comfort of taking on the environment, poverty, and whatever causes get a Democratic president elected. Steve Saint very visibly put his name to the letter which invited Van Jones to come speak at Colorado College. Van Jones is as corporate a messenger as Barack Obama, with the same empty promises. This time instead of Hope, he’s selling Green. And it’s just as easy a sugar pill to swallow.

Did you know some disgruntled Dems have set about to form a Green Party? Guess who’s put himself at the center of scuttling that effort by neutering any grassroots platform? I take no pleasure in delivering this punch line.

Of course more than anything the antiwar movement suffered with Obama’s election. Now the hopeful are disillusioned and cynical, and who is the little PPJPC to revive that crowd? But the PPJPC backed Obama, stood in line to see him while their dissenters embarrassed them by protesting outside. Dissenters who ultimately had the police called on them for trying to have a meeting in front of the PPJPC office.

The PPJPC is fully co-opted, fine, but that the organization plays the role of informant to the police is untenable. A historically, unequivocally, uninterruptedly nonviolent activist community provides no grounds for the city police to escalate their crowd-control technologies, and it certainly doesn’t merit full-time paid informants trying to snitch on them.

If it weren’t for the nonviolence sneaks

In honor of Oct 2, the International Day of Nonviolence, which hardly any government of the world honors IN DEED, especially the league of NATO and USA’s coalition of the killing. I thought I’d perseverate further on the role nonviolent dogma plays in squashing dissent. Here’s my theme: If it weren’t for the nonviolence sneaks the antiwar movement of the 60s might have deposed the military industrial complex before it became supersized, privatized and above the law. Or not, but NV claptrap certainly got us nowhere.

If it weren’t for the nonviolence sneaks, Gaza might have been liberated already. Nonviolent kabuki demonstrations have spoiled attempted marches from Egypt, have scuttled would-be flotillas, have squeezed out real activists from sailing to Gaza’s rescue. Ask yourself, which brought more attention and sympathy for Palestinians, the Mavi Marmara or “The Audacity of Hope” which didn’t even show audacity enough to confront Greek harbor keepers? The Turkish activists on the Marmara were nonviolent, but not neurotically so. They might have expelled their Israeli boarders, but we have to pretend at least surprise at the brutality of Israel’s massacre. The US Boat on the other hand exchanged indignation over bullhorns without ever leaving the harbor, then stood down. Nonviolence doesn’t mean passivity, really?

If it weren’t for the nonviolence sneaks, the Palestinian’s right to defend their homeland from their occupiers would not be an issue. If Palestine was allowed to resist their invaders, Israel would stop trying to take it all.

If it weren’t for the nonviolence sneaks, Bush could not have stolen a second election and Americans wouldn’t have had to settle for hope instead of change.

If it wasn’t for the nonviolence sneaks with their ultimatums of passivity, who knows how soon the New World Order might have been prevented? It’s the nonviolence sneaks who are the most despicable provocateurs, alienating the 99% by ensuring public protest remain forever ineffectual.

If it weren’t for the nonviolence sneaks, antiwar movements would end war, social injustices would be righted, and greed brought to justice.

If it weren’t for the nonviolence sneaks who enforce public compliance, world governments would respect their people and couldn’t rule by fear.

If if wasn’t for the nonviolence sneaks, the public’s urgent will would be heeded, instead of dismissed for inconsequential whine it’s become.

Render unto Obama the peace symbol that is Obama’s

I’ve always cherished the peace symbol button I wear on my coat lapel, lovingly decorated for me with rhinestones. But I see what it has become, a broach. Time to take it off, not because it’s grandmotherly, it’s pure and simple outrée. PEACE: Yeah, who doesn’t want peace –so what? That the peace symbol has become ubiquitous would have been something to celebrate only a couple years ago when it marked you as an obstinate hippie or wannabe malcontent. Today peace means Pax Obamana: WORLD PEACE imposed by imperial drone, PEACE KEEPING by occupation. The PEACE OF MIND come of military security. The PEACE AND QUIET absent of conscience, PEACEFULLY free of dissonant free speech. When George Bush said he would bring corporate malfeasance into compliance with the law, we thought he would reform their lawbreaking, instead Bush meant he’d change the law. Obama promised peace, the war = peace incarnation, and he intends to bring us into compliance.

AIPAC student DC junkets paying off


This year’s AIPAC conference targeted university student body officers in an effort to fend off BDS campaigns at campuses nationwide. Did the controversial strategy just pay off at UC Berkeley? When the student council voted 16 to 4 to divest, student body president Will Smelko vetoed the measure. Intense pressure from Israeli lobby groups were able to prevent overturning the veto.

AIPAC said they were going to do it, and they did it. Here’s what AIPAC’s Leadership Development Director Jonathan Kessler told DC conference attendees:

How are we going to beat back the anti-Israel divestment resolution at Berkeley? We’re going to make certain that pro-Israel students take over the student government and reverse the vote. That is how AIPAC operates in our nation’s capitol. This is how AIPAC must operate on our nation’s campuses.

Though the Berkeley bill SB118 proposed divestment from General Electric and United Technologies only, two military industries which profit from Israel’s subjugation of the Palestinians, it’s true perhaps that the measure opened the door to further BDS inroads to fight Israel Apartheid.

The divestment proposal had the backing of Archbishop Desmond Tutu among many activists. Against was the Israeli lobby. Students were warned that prospective Jewish students would avoid enrolling, etc. Can we imagine the suggestion was made that the current students would be denied jobs? There probably is a corporate future for “made” students who’ve shown their fealty to AIPAC.

Worth reprinting is the statement read by UCB Professor Judth Butler trying to warn the students against AIPAC’s disreputable coercion:

Let us begin with the assumption that it is very hard to hear the debate under consideration here. One hears someone saying something, and one fears that they are saying another thing. It is hard to trust words, or indeed to know what words actually mean. So that is a sign that there is a certain fear in the room, and also, a certain suspicion about the intentions that speakers have and a fear about the implications of both words and deeds. Of course, tonight you do not need a lecture on rhetoric from me, but perhaps, if you have a moment, it might be possible to pause and to consider reflectively what is actually at stake in this vote, and what is not. Let me introduce myself first as a Jewish faculty member here at Berkeley, on the advisory board of Jewish Voice for Peace, on the US executive committee of Faculty for Israeli-Palestinian Peace, a global organization, a member of the Russell Tribunal on Human Rights in Palestine, and a board member of the Freedom Theatre in Jenin. I am at work on a book which considers Jewish criticisms of state violence, Jewish views of co-habitation, and the importance of ‘remembrance’ in both Jewish and Palestinian philosophic and poetic traditions.

The first thing I want to say is that there is hardly a Jewish dinner table left in this country–or indeed in Europe and much of Israel–in which there is not enormous disagreement about the status of the occupation, Israeli military aggression and the future of Zionism, binationalism and citizenship in the lands called Israel and Palestine. There is no one Jewish voice, and in recent years, there are increasing differences among us, as is evident by the multiplication of Jewish groups that oppose the occupation and which actively criticize and oppose Israeli military policy and aggression. In the US and Israel alone these groups include: Jewish Voice for Peace, American Jews for a Just Peace, Jews Against the Occupation, Boycott from Within, New Profile, Anarchists Against the Wall, Women in Black, Who Profits?, Btselem, Zochrot, Black Laundry, Jews for a Free Palestine (Bay Area), No Time to Celebrate and more. The emergence of J Street was an important effort to establish an alternative voice to AIPAC, and though J street has opposed the bill you have before you, the younger generation of that very organization has actively contested the politics of its leadership. So even there you have splits, division and disagreement.

So if someone says that it offends “the Jews” to oppose the occupation, then you have to consider how many Jews are already against the occupation, and whether you want to be with them or against them. If someone says that “Jews” have one voice on this matter, you might consider whether there is something wrong with imagining Jews as a single force, with one view, undivided. It is not true. The sponsors of Monday evening’s round table at Hillel made sure not to include voices with which they disagree. And even now, as demonstrations in Israel increase in number and volume against the illegal seizure of Palestinian lands, we see a burgeoning coalition of those who seek to oppose unjust military rule, the illegal confiscation of lands, and who hold to the norms of international law even when nations refuse to honor those norms.

What I learned as a Jewish kid in my synagogue–which was no bastion of radicalism–was that it was imperative to speak out against social injustice. I was told to have the courage to speak out, and to speak strongly, even when people accuse you of breaking with the common understanding, even when they threaten to censor you or punish you. The worst injustice, I learned, was to remain silent in the face of criminal injustice. And this tradition of Jewish social ethics was crucial to the fights against Nazism, fascism and every form of discrimination, and it became especially important in the fight to establish the rights of refugees after the Second World War. Of course, there are no strict analogies between the Second World War and the contemporary situation, and there are no strict analogies between South Africa and Israel, but there are general frameworks for thinking about co-habitation, the right to live free of external military aggression, the rights of refugees, and these form the basis of many international laws that Jews and non-Jews have sought to embrace in order to live in a more just world, one that is more just not just for one nation or for another, but for all populations, regardless of nationality and citizenship. If some of us hope that Israel will comply with international law, it is precisely so that one people can live among other peoples in peace and in freedom. It does not de-legitimate Israel to ask for its compliance with international law. Indeed, compliance with international law is the best way to gain legitimacy, respect and an enduring place among the peoples of the world.

Of course, we could argue on what political forms Israel and Palestine must take in order for international law to be honored. But that is not the question that is before you this evening. We have lots of time to consider that question, and I invite you to join me to do that in a clear-minded way in the future. But consider this closely: the bill you have before you does not ask that you take a view on Israel. I know that it certainly seems like it does, since the discussion has been all about that. But it actually makes two points that are crucial to consider. The first is simply this: there are two companies that not only are invested in the Israeli occupation of Palestinian lands and peoples, but who profit from that occupation, and which are sustained in part by funds invested by the University of California. They are General Electric and United Technologies. They produce aircraft designed to bomb and kill, and they have bombed and killed civilians, as has been amply demonstrated by Amnesty International and Human Rights Watch. You are being asked to divest funds from these two companies. You are NOT being asked to divest funds from every company that does business with Israel. And you are not being asked to resolve to divest funds from Israeli business or citizens on the basis of their citizenship or national belonging. You are being asked only to call for a divestment from specific companies that make military weapons that kill civilians. That is the bottom line.

If the newspapers or others seek to make inflammatory remarks and to say that this is an attack on Israel, or an attack on Jews, or an upsurge of anti-Semitism, or an act that displays insensitivity toward the feelings of some of our students, then there is really only one answer that you can provide, as I see it. Do we let ourselves be intimidated into not standing up for what is right? It is simply unethical for UC to invest in such companies when they profit from the killing of civilians under conditions of a sustained military occupation that is manifestly illegal according to international law. The killing of civilians is a war crime. By voting yes, you say that you do not want the funds of this university to be invested in war crimes, and that you hold to this principle regardless of who commits the war crime or against whom it is committed.

Of course, you should clearly ask whether you would apply the same standards to any other occupation or destructive military situation where war crimes occur. And I note that the bill before you is committed to developing a policy that would divest from all companies engaged in war crimes. In this way, it contains within it both a universal claim and a universalizing trajectory. It recommends explicitly “additional divestment policies to keep university investments out of companies aiding war crimes throughout the world, such as those taking place in Morocco, the Congo, and other places as determined by the resolutions of the United Nations and other leading human rights organizations.” Israel is not singled out. It is, if anything, the occupation that is singled out, and there are many Israelis who would tell you that Israel must be separated from its illegal occupation. This is clearly why the divestment call is selective: it does not call for divestment from any and every Israeli company; on the contrary, it calls for divestment from two corporations where the links to war crimes are well-documented.

Let this then be a precedent for a more robust policy of ethical investment that would be applied to any company in which UC invests. This is the beginning of a sequence, one that both sides to this dispute clearly want. Israel is not to be singled out as a nation to be boycotted–and let us note that Israel itself is not boycotted by this resolution. But neither is Israel’s occupation to be held exempt from international standards. If you want to say that the historical understanding of Israel’s genesis gives it an exceptional standing in the world, then you disagree with those early Zionist thinkers, Martin Buber and Judah Magnes among them, who thought that Israel must not only live in equality with other nations, but must also exemplify principles of equality and social justice in its actions and policies. There is nothing about the history of Israel or of the Jewish people that sanctions war crimes or asks us to suspend our judgment about war crimes in this instance. We can argue about the occupation at length, but I am not sure we can ever find a justification on the basis of international law for the deprivation of millions of people of their right to self-determination and their lack of protection against police and military harassment and destructiveness. But again, we can have that discussion, and we do not have to conclude it here in order to understand the specific choice that we face. You don’t have to give a final view on the occupation in order to agree that investing in companies that commit war crimes is absolutely wrong, and that in saying this, you join Jews, Muslims, Hindus, Christians and so many other peoples from diverse religious and secular traditions who believe that international governance, justice and peace demand compliance with international law and human rights and the opposition to war crimes. You say that you do not want our money going into bombs and helicopters and military materiel that destroys civilian life. You do not want it in this context, and you do not want it in any context.

Part of me wants to joke–where would international human rights be without the Jews! We helped to make those rights, at Nuremberg and again in Jerusalem, so what does it mean that there are those who tell you that it is insensitive to Jewishness to come out in favor of international law and human rights? It is a lie–and what a monstrous view of what it means to be Jewish. It disgraces the profound traditions of social justice that have emerged from the struggle against fascism and the struggles against racism; it effaces the tradition of ta-ayush, living together, the ethical relation to the non-Jew which is the substance of Jewish ethics, and it effaces the value that is given to life no matter the religion or race of those who live. You do not need to establish that the struggle against this occupation is the same as the historical struggle against apartheid to know that each struggle has its dignity and its absolute value, and that oppression in its myriad forms do not have to be absolutely identical to be equally wrong. For the record, the occupation and apartheid constitute two different versions of settler colonialism, but we do not need a full understanding of this convergence and divergence to settle the question before us today. Nothing in the bill before you depends on the seamless character of that analogy. In voting for this resolution, you stand with progressive Jews everywhere and with broad principles of social justice, which means, that you stand with those who wish to stand not just with their own kind but with all of humanity, and who do this, in part, both because of the religious and non-religious values they follow.

Lastly, let me say this. You may feel fear in voting for this resolution. I was frightened coming here this evening. You may fear that you will seem anti-Semitic, that you cannot handle the appearance of being insensitive to Israel’s needs for self-defense, insensitive to the history of Jewish suffering. Perhaps it is best to remember the words of Primo Levi who survived a brutal internment at Auschwitz when he had the courage to oppose the Israeli bombings of southern Lebanon in the early 1980s. He openly criticized Menachem Begin, who directed the bombing of civilian centers, and he received letters asking him whether he cared at all about the spilling of Jewish blood. He wrote:

I reply that the blood spilled pains me just as much as the blood spilled by all other human beings. But there are still harrowing letters. And I am tormented by them, because I know that Israel was founded by people like me, only less fortunate than me. Men with a number from Auschwitz tattooed on their arms, with no home nor homeland, escaping from the horrors of the Second World War who found in Israel a home and a homeland. I know all this. But I also know that this is Begin’s favourite defence. And I deny any validity to this defence.

As the Israeli historian Idith Zertal makes clear, do not use this most atrocious historical suffering to legitimate military destructiveness–it is a cruel and twisted use of the history of suffering to defend the affliction of suffering on others.

To struggle against fear in the name of social justice is part of a long and venerable Jewish tradition; it is non-nationalist, that is true, and it is committed not just to my freedom, but to all of our freedoms. So let us remember that there is no one Jew, not even one Israel, and that those who say that there are seek to intimidate or contain your powers of criticism. By voting for this resolution, you are entering a debate that is already underway, that is crucial for the materialization of justice, one which involves having the courage to speak out against injustice, something I learned as a young person, but something we each have to learn time and again. I understand that it is not easy to speak out in this way. But if you struggle against voicelessness to speak out for what is right, then you are in the middle of that struggle against oppression and for freedom, a struggle that knows that there is no freedom for one until there is freedom for all. There are those who will surely accuse you of hatred, but perhaps those accusations are the enactment of hatred. The point is not to enter that cycle of threat and fear and hatred–that is the hellish cycle of war itself. The point is to leave the discourse of war and to affirm what is right. You will not be alone. You will be speaking in unison with others, and you will, actually, be making a step toward the realization of peace–the principles of non-violence and co-habitation that alone can serve as the foundation of peace. You will have the support of a growing and dynamic movement, inter-generational and global, by speaking against the military destruction of innocent lives and against the corporate profit that depends on that destruction. You will stand with us, and we will most surely stand with you.

Suomi hockey team beats Slovenska for bronze at 2010 Jeux Olympiques

Finland beats Slovakia for 3rd placeWhat does it say across the front of the Finnish hockey jersey “SUOMI?” Is that an acronym or an internet initialism? While it could be enthusiasm for Olympic mascot Sumi, Suomi is Finnish/Saami for what they call their country. Apparently the Finns didn’t get the memo about bringing Olympic text into uniform English-compliance.

Swedish jerseys use the abbreviation SWE for example, even though they spell their name Sverige. Similarly Austria, AUT, which otherwise goes by Österreich, and Japan, who spell it Nippon.

Norge, Polska, Nederland, España, Schweitz/Suisse, Belarus, Latvija and Kasakctah are perhaps close enough not to confuse American television viewers. Other hold outs are Hungary’s Magyarország, Germany’s Deutschland, and Russia’s ?????? -even the Asian nations know to romanize their Olympic alphabet. When in Rome, even the Greeks speak English.

It amazes me that American interviewers expect Olympic athletes to speak English. Where they don’t, their names don’t even get a mention. South Korean speed skaters are referred to only as “the Koreans.” Chinese free-style ski jumpers were given English nicknames so their “Chenglish”-speaking American coach could tell them apart.

Joe Stack’s Piper Cherokee Manifesto

Single Engine AircraftIt’s getting so you can’t fly a plane into a federal office building and hope somebody will finally find your website. Though engineer Joseph Stack left an online statement to explain his last act of desperation against the IRS, it was deleted “in compliance with a request from the FBI.” I guess his web hosts think the 1st Amendment has an FBI exemption. Even Google’s cache was expunged. This has freed Reporters to characterize Stack’s missive as a crazed rant. Nothing threatens the establishment like this conclusion: “Sadly, though I spent my entire life trying to believe it wasn’t so, … violence … is the only answer. The cruel joke is that [those] at the top have known this all along and have been laughing, at … fools like me all along.” I don’t know about you, but when I hear that a self-made engineer-businessman who has his own plane, commits suicide on principles he has articulated in a manifesto, I’m curious to hear him out.

I’m reminded of the sad story of the desperate antiwar activist who set himself on fire as a final protest of the escalating wars in Iraq and Afghanistan. He knew accomplices would only dissuade him, so he chose an isolated spot where he could proceed unmolested and set up a video camera to record the act. Naturally, policemen were the first to encounter his body and thus the footage of dramatic statement are consigned to the obscurity of their files.

single engine airplaneFortunately the internet is still too porous for redaction on the grounds of national security, or whatever reason the FBI contrived to censor Stack’s suicide note/screed/diatribe. The Smoking Gun has the usual non-text scans of what Joseph Stack wrote before he piloted his single-engine Piper PA-28 into the Austin TX IRS office. Here’s the full text of Stack’s manifesto.

If you’re reading this, you’re no doubt asking yourself, “Why did this have to happen?”  The simple truth is that it is complicated and has been coming for a long time.  The writing process, started many months ago, was intended to be therapy in the face of the looming realization that there isn’t enough therapy in the world that can fix what is really broken.  Needless to say, this rant could fill volumes with example after example if I would let it.  I find the process of writing it frustrating, tedious, and probably pointless… especially given my gross inability to gracefully articulate my thoughts in light of the storm raging in my head.  Exactly what is therapeutic about that I’m not sure, but desperate times call for desperate measures.

We are all taught as children that without laws there would be no society, only anarchy.  Sadly, starting at early ages we in this country have been brainwashed to believe that, in return for our dedication and service, our government stands for justice for all.  We are further brainwashed to believe that there is freedom in this place, and that we should be ready to lay our lives down for the noble principles represented by its founding fathers.  Remember? One of these was “no taxation without representation”.  I have spent the total years of my adulthood unlearning that crap from only a few years of my childhood.  These days anyone who really stands up for that principle is promptly labeled a “crackpot”, traitor and worse.

While very few working people would say they haven’t had their fair share of taxes (as can I), in my lifetime I can say with a great degree of certainty that there has never been a politician cast a vote on any matter with the likes of me or my interests in mind.  Nor, for that matter, are they the least bit interested in me or anything I have to say.

Why is it that a handful of thugs and plunderers can commit unthinkable atrocities (and in the case of the GM executives, for scores of years) and when it’s time for their gravy train to crash under the weight of their gluttony and overwhelming stupidity, the force of the full federal government has no difficulty coming to their aid within days if not hours?  Yet at the same time, the joke we call the American medical system, including the drug and insurance companies, are murdering tens of thousands of people a year and stealing from the corpses and victims they cripple, and this country’s leaders don’t see this as important as bailing out a few of their vile, rich cronies.  Yet, the political “representatives” (thieves, liars, and self-serving scumbags is far more accurate) have endless time to sit around for year after year and debate the state of the “terrible health care problem”.  It’s clear they see no crisis as long as the dead people don’t get in the way of their corporate profits rolling in.

And justice? You’ve got to be kidding!

How can any rational individual explain that white elephant conundrum in the middle of our tax system and, indeed, our entire legal system?  Here we have a system that is, by far, too complicated for the brightest of the master scholars to understand.  Yet, it mercilessly “holds accountable” its victims, claiming that they’re responsible for fully complying with laws not even the experts understand.  The law “requires” a signature on the bottom of a tax filing; yet no one can say truthfully that they understand what they are signing; if that’s not “duress” than what is.  If this is not the measure of a totalitarian regime, nothing is.

How did I get here?

My introduction to the real American nightmare starts back in the early ‘80s.  Unfortunately after more than 16 years of school, somewhere along the line I picked up the absurd, pompous notion that I could read and understand plain English.  Some friends introduced me to a group of people who were having ‘tax code’ readings and discussions.  In particular, zeroed in on a section relating to the wonderful “exemptions” that make institutions like the vulgar, corrupt Catholic Church so incredibly wealthy.  We carefully studied the law (with the help of some of the “best”, high-paid, experienced tax lawyers in the business), and then began to do exactly what the “big boys” were doing (except that we weren’t stealing from our congregation or lying to the government about our massive profits in the name of God).  We took a great deal of care to make it all visible, following all of the rules, exactly the way the law said it was to be done.

The intent of this exercise and our efforts was to bring about a much-needed re-evaluation of the laws that allow the monsters of organized religion to make such a mockery of people who earn an honest living.  However, this is where I learned that there are two “interpretations” for every law; one for the very rich, and one for the rest of us… Oh, and the monsters are the very ones making and enforcing the laws; the inquisition is still alive and well today in this country.

That little lesson in patriotism cost me $40,000+, 10 years of my life, and set my retirement plans back to 0.  It made me realize for the first time that I live in a country with an ideology that is based on a total and complete lie.  It also made me realize, not only how naive I had been, but also the incredible stupidity of the American public; that they buy, hook, line, and sinker, the crap about their “freedom”… and that they continue to do so with eyes closed in the face of overwhelming evidence and all that keeps happening in front of them.

Before even having to make a shaky recovery from the sting of the first lesson on what justice really means in this country (around 1984 after making my way through engineering school and still another five years of “paying my dues”), I felt I finally had to take a chance of launching my dream of becoming an independent engineer.

On the subjects of engineers and dreams of independence, I should digress somewhat to say that I’m sure that I inherited the fascination for creative problem solving from my father.  I realized this at a very young age.

The significance of independence, however, came much later during my early years of college; at the age of 18 or 19 when I was living on my own as student in an apartment in Harrisburg, Pennsylvania.  My neighbor was an elderly retired woman (80+ seemed ancient to me at that age) who was the widowed wife of a retired steel worker.  Her husband had worked all his life in the steel mills of central Pennsylvania with promises from big business and the union that, for his 30 years of service, he would have a pension and medical care to look forward to in his retirement.  Instead he was one of the thousands who got nothing because the incompetent mill management and corrupt union (not to mention the government) raided their pension funds and stole their retirement.  All she had was social security to live on.

In retrospect, the situation was laughable because here I was living on peanut butter and bread (or Ritz crackers when I could afford to splurge) for months at a time.  When I got to know this poor figure and heard her story I felt worse for her plight than for my own (I, after all, I thought I had everything to in front of me).  I was genuinely appalled at one point, as we exchanged stories and commiserated with each other over our situations, when she in her grandmotherly fashion tried to convince me that I would be “healthier” eating cat food (like her) rather than trying to get all my substance from peanut butter and bread.  I couldn’t quite go there, but the impression was made.  I decided that I didn’t trust big business to take care of me, and that I would take responsibility for my own future and myself.

Return to the early ‘80s, and here I was off to a terrifying start as a ‘wet-behind-the-ears’ contract software engineer… and two years later, thanks to the fine backroom, midnight effort by the sleazy executives of Arthur Andersen (the very same folks who later brought us Enron and other such calamities) and an equally sleazy New York Senator (Patrick Moynihan), we saw the passage of 1986 tax reform act with its section 1706.

For you who are unfamiliar, here is the core text of the IRS Section 1706, defining the treatment of workers (such as contract engineers) for tax purposes. Visit this link for a conference committee report (http://www.synergistech.com/1706.shtml#ConferenceCommitteeReport) regarding the intended interpretation of Section 1706 and the relevant parts of Section 530, as amended. For information on how these laws affect technical services workers and their clients, read our discussion here (http://www.synergistech.com/ic-taxlaw.shtml).

SEC. 1706. TREATMENT OF CERTAIN TECHNICAL PERSONNEL.

(a) IN GENERAL – Section 530 of the Revenue Act of 1978 is amended by adding at the end thereof the following new subsection:

(d) EXCEPTION. – This section shall not apply in the case of an individual who pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work.

(b) EFFECTIVE DATE. – The amendment made by this section shall apply to remuneration paid and services rendered after December 31, 1986.

Note:

·      “another person” is the client in the traditional job-shop relationship.

·      “taxpayer” is the recruiter, broker, agency, or job shop.

·      “individual”, “employee”, or “worker” is you.

Admittedly, you need to read the treatment to understand what it is saying but it’s not very complicated.  The bottom line is that they may as well have put my name right in the text of section (d).  Moreover, they could only have been more blunt if they would have came out and directly declared me a criminal and non-citizen slave.  Twenty years later, I still can’t believe my eyes.

During 1987, I spent close to $5000 of my ‘pocket change’, and at least 1000 hours of my time writing, printing, and mailing to any senator, congressman, governor, or slug that might listen; none did, and they universally treated me as if I was wasting their time.  I spent countless hours on the L.A. freeways driving to meetings and any and all of the disorganized professional groups who were attempting to mount a campaign against this atrocity.  This, only to discover that our efforts were being easily derailed by a few moles from the brokers who were just beginning to enjoy the windfall from the new declaration of their “freedom”.  Oh, and don’t forget, for all of the time I was spending on this, I was loosing income that I couldn’t bill clients.

After months of struggling it had clearly gotten to be a futile exercise.  The best we could get for all of our trouble is a pronouncement from an IRS mouthpiece that they weren’t going to enforce that provision (read harass engineers and scientists).  This immediately proved to be a lie, and the mere existence of the regulation began to have its impact on my bottom line; this, of course, was the intended effect.

Again, rewind my retirement plans back to 0 and shift them into idle.  If I had any sense, I clearly should have left abandoned engineering and never looked back.

Instead I got busy working 100-hour workweeks.  Then came the L.A. depression of the early 1990s.  Our leaders decided that they didn’t need the all of those extra Air Force bases they had in Southern California, so they were closed; just like that.  The result was economic devastation in the region that rivaled the widely publicized Texas S&L fiasco.  However, because the government caused it, no one gave a shit about all of the young families who lost their homes or street after street of boarded up houses abandoned to the wealthy loan companies who received government funds to “shore up” their windfall.  Again, I lost my retirement.

Years later, after weathering a divorce and the constant struggle trying to build some momentum with my business, I find myself once again beginning to finally pick up some speed.  Then came the .COM bust and the 911 nightmare.  Our leaders decided that all aircraft were grounded for what seemed like an eternity; and long after that, ‘special’ facilities like San Francisco were on security alert for months.  This made access to my customers prohibitively expensive.  Ironically, after what they had done the Government came to the aid of the airlines with billions of our tax dollars … as usual they left me to rot and die while they bailed out their rich, incompetent cronies WITH MY MONEY!  After these events, there went my business but not quite yet all of my retirement and savings.

By this time, I’m thinking that it might be good for a change.  Bye to California, I’ll try Austin for a while.  So I moved, only to find out that this is a place with a highly inflated sense of self-importance and where damn little real engineering work is done.  I’ve never experienced such a hard time finding work.  The rates are 1/3 of what I was earning before the crash, because pay rates here are fixed by the three or four large companies in the area who are in collusion to drive down prices and wages… and this happens because the justice department is all on the take and doesn’t give a fuck about serving anyone or anything but themselves and their rich buddies.

To survive, I was forced to cannibalize my savings and retirement, the last of which was a small IRA.  This came in a year with mammoth expenses and not a single dollar of income.  I filed no return that year thinking that because I didn’t have any income there was no need.  The sleazy government decided that they disagreed.  But they didn’t notify me in time for me to launch a legal objection so when I attempted to get a protest filed with the court I was told I was no longer entitled to due process because the time to file ran out.  Bend over for another $10,000 helping of justice.

So now we come to the present.  After my experience with the CPA world, following the business crash I swore that I’d never enter another accountant’s office again.  But here I am with a new marriage and a boatload of undocumented income, not to mention an expensive new business asset, a piano, which I had no idea how to handle.  After considerable thought I decided that it would be irresponsible NOT to get professional help; a very big mistake.

When we received the forms back I was very optimistic that they were in order.  I had taken all of the years information to Bill Ross, and he came back with results very similar to what I was expecting.  Except that he had neglected to include the contents of Sheryl’s unreported income; $12,700 worth of it. To make matters worse, Ross knew all along this was missing and I didn’t have a clue until he pointed it out in the middle of the audit.  By that time it had become brutally evident that he was representing himself and not me.

This left me stuck in the middle of this disaster trying to defend transactions that have no relationship to anything tax-related (at least the tax-related transactions were poorly documented).  Things I never knew anything about and things my wife had no clue would ever matter to anyone.  The end result is… well, just look around.

I remember reading about the stock market crash before the “great” depression and how there were wealthy bankers and businessmen jumping out of windows when they realized they screwed up and lost everything.  Isn’t it ironic how far we’ve come in 60 years in this country that they now know how to fix that little economic problem; they just steal from the middle class (who doesn’t have any say in it, elections are a joke) to cover their asses and it’s “business-as-usual”.  Now when the wealthy fuck up, the poor get to die for the mistakes… isn’t that a clever, tidy solution.

As government agencies go, the FAA is often justifiably referred to as a tombstone agency, though they are hardly alone.  The recent presidential puppet GW Bush and his cronies in their eight years certainly reinforced for all of us that this criticism rings equally true for all of the government.  Nothing changes unless there is a body count (unless it is in the interest of the wealthy sows at the government trough).  In a government full of hypocrites from top to bottom, life is as cheap as their lies and their self-serving laws.

I know I’m hardly the first one to decide I have had all I can stand.  It has always been a myth that people have stopped dying for their freedom in this country, and it isn’t limited to the blacks, and poor immigrants.  I know there have been countless before me and there are sure to be as many after.  But I also know that by not adding my body to the count, I ensure nothing will change.  I choose to not keep looking over my shoulder at “big brother” while he strips my carcass, I choose not to ignore what is going on all around me, I choose not to pretend that business as usual won’t continue; I have just had enough.

I can only hope that the numbers quickly get too big to be white-washed and ignored that the American zombies wake up and revolt; it will take nothing less.  I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are.  Sadly, though I spent my entire life trying to believe it wasn’t so, but violence not only is the answer, it is the only answer.  The cruel joke is that the really big chunks of shit at the top have known this all along and have been laughing, at and using this awareness against, fools like me all along.

I saw it written once that the definition of insanity is repeating the same process over and over and expecting the outcome to suddenly be different.  I am finally ready to stop this insanity.  Well, Mr. Big Brother IRS man, let’s try something different; take my pound of flesh and sleep well.

The communist creed: From each according to his ability, to each according to his need.

The capitalist creed: From each according to his gullibility, to each according to his greed.

Joe Stack (1956-2010)

02/18/2010

Is it really illegal to boycott Israel?

boycott-israeli-goods-end-apartheidIt is not illegal for US consumers to boycott anyone’s products. But the business decisions of companies affiliated with Israel do enjoy some curious protective constraints…

It’s ironic that as the US enforces rigid sanctions against international companies which violate its embargo against Cuba, the US has enacted laws simultaneously which prohibit its companies from complying with trade restrictions called by others.

As a further embarrassment, the antiboycotting measure specifies just one boycott, literally: the League of Arab Nations boycott of Israel.

So while American consumers are free to make the buying decisions they wish, it is illegal for an American business to adjust its business practices to boycott Israel.

In other words, as much as social justice activists might like to ask a department store not to carry Ahava beauty products taken from Occupied Territory shores, the store would be prohibited by US law to do so as an act of compliance. ahava-stolen-beauty-occupation For another example, fashion labels such as DKNY and cK could decide to discontinue carrying undergarments manufactured by Delta Galil from settler farms in Palestine, but they couldn’t do it because of someone’s boycott.

(Delta Galil supplies clothing to the Gap, Banana Republic, Structure, J-Crew, JC Penny, Pryca, Lindex, DIM, Donna Karan, Ralph Lauren, Playtex, Calvin Klein, and Hugo Boss.)

This law makes a commercial boycott impossible to resolve between customer and business, but ultimately results in more pressure being applied to the source cause, which are the policies of Israel.

According to the US Department of Commerce, Bureau of Industry and Security, Office of Antiboycott Compliance, in the 1970s two laws were enacted “to counteract the participation of U.S. citizens in other nation’s economic boycotts or embargoes. These ‘antiboycott’ laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA). While these laws share a common purpose, there are distinctions in their administration.”

Antiboycott Compliance

The Bureau is charged with administering and enforcing the Antiboycott Laws under the Export Administration Act. Those laws discourage, and in some circumstances, prohibit U.S. companies from furthering or supporting the boycott of Israel sponsored by the Arab League, and certain Moslem countries, including complying with certain requests for information designed to verify compliance with the boycott. Compliance with such requests may be prohibited by the Export Administration Regulations (EAR) and may be reportable to the Bureau.

The law specifies boycotts called by foreign nations, leaving the possibility that US citizens can declare themselves the originators of a boycott. However other language makes clear that no boycott is to contravene the US government’s declared trade policy with Israel. To elaborate on the EAR:

Objectives:
The antiboycott laws were adopted to encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction. They have the effect of preventing U.S. firms from being used to implement foreign policies of other nations which run counter to U.S. policy.

Primary Impact:
The Arab League boycott of Israel is the principal foreign economic boycott that U.S. companies must be concerned with today. The antiboycott laws, however, apply to all boycotts imposed by foreign countries that are unsanctioned by the United States.

Who Is Covered by the Laws?
The antiboycott provisions of the Export Administration Regulations (EAR) apply to the activities of U.S. persons in the interstate or foreign commerce of the United States. The term “U.S. person” includes all individuals, corporations and unincorporated associations resident in the United States, including the permanent domestic affiliates of foreign concerns. U.S. persons also include U.S. citizens abroad (except when they reside abroad and are employed by non-U.S. persons) and the controlled in fact affiliates of domestic concerns. The test for “controlled in fact” is the ability to establish the general policies or to control the day to day operations of the foreign affiliate.

The scope of the EAR, as defined by Section 8 of the EAA, is limited to actions taken with intent to comply with, further, or support an unsanctioned foreign boycott.

These amendments are examples of Israel’s stranglehold on US legislation. Anti-Israel voices like to paint the picture that as a result, American citizens have been denied the freedom to vote with their pocketbooks where it comes to opposing the policies of Israel. Likewise, pro-Israel groups are content to leave the issue ambiguous. But clearly US individuals are free to make consumer choices and encourage others as they wish.

The function of the TRA further explains its business-limited scope:

What do the Laws Prohibit?

Conduct that may be penalized under the TRA and/or prohibited under the EAR includes:

• Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies.

• Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality.

• Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies.

• Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person.

Implementing letters of credit containing prohibited boycott terms or conditions.

The TRA does not “prohibit” conduct, but denies tax benefits (“penalizes”) for certain types of boycott-related agreements.

Ward Churchill to speak for O’odham

O'odham rightsAccording to Censored News, Activist and scholar Ward Churchill will speak at the Unitarian Universalist Church of Tucson, 4831 W. 22nd St., on November 13, 2009 at 7:00 p.m. to benefit O’odham VOICE Against the Wall, which since 2003 has organized and advocated for the traditional O’odham leaders and elders of the Tohono O’odham communities in the southern territory of the United States and northern territory of Mexico. Professor Churchill’s talk is part of the “Apartheid in America: Surviving Occupation in O’odham Lands”

O’odham activist Ofelia Rivas will also participate. The event is sponsored by the Dry River Radical Resource Center, the Earth First! Journal, and Voices against the Wall.

Here’s some background on the O’odham struggle:

pamphlet cover illustrationBy J. D. Hendricks, 2004
TIAMAT PUBLICATIONS #5

The People Who Emerged From the Earth

Over two thousand years ago the descendents of the O’odham moved into the southwestern region of the area now claimed by the U.S. as the state of Arizona. 1 The O’odham have had one of the longest histories of contact with the forces of European colonization compared with the rest of the native North American peoples. The O’odham’s first contact with Spanish invaders took place in the mid 16th century; nearly one hundred years before the colonization of the North Atlantic coast and Great Lakes regions were begun by the French and English colonists. As such, the history of the O’odham provides a good context for an investigation of the colonization of Native North America, and more specifically, an investigation of the interplay between, and results of, the varied responses to colonization – that of collaboration, accommodation, and resistance.

Many histories of the O’odham refer to these desert people as the Papago. The term Papago was a name given to the O’odham by the Spanish colonizers, and is likely the result of a Spanish corruption of the O’odham word “papabi” which was the O’odham name for one of their principal bean varieties. Thus, the Spanish colonizers term for the O’odham (Papago) came to mean “the bean eaters.” 2 For the purposes of this study I will refrain from the use of the term Papago and will refer to “the people” 3 by their traditional pre-colonial name. 4

As is often the case, with the name Papago being a good example, European constructs are often imposed upon indigenous peoples by the historians that seek to portray their past. This result can occur when historians seek to glorify European norms and traditions at the expense of indigenous ones, and can also be the result of the subconscious indoctrination of the historian by the dominant culture – in this case that of western style industrial civilization. In other cases it can be the result of a simple uncritical usage of language.

One of the most dominant and reoccurring “civilized” constructs imposed upon indigenous peoples history is the commonly understood notion that the O’odham, or any other indigenous North American culture for that matter, existed as a totality or uniformed mass. This study will seek to use the history of the interaction between the O’odham peoples and the United States, both its government and its peoples, to deconstruct this myth of the totality and provide a history of the O’odham’s varied responses to colonization from an anti-colonial and anti-industrial perspective. By investigating various important case studies in O’odham history, and looking not only at resistance but also accommodation and collaboration, it is hoped that this work will help to provide a more realistic historical picture of the effects of colonization, and the intentions and reactions of both the colonizer and the colonized. Within the previously stated context and theoretical framework, this study will argue that while the O’odham responded to the U.S. invasion of their lands in various ways, the choices to resist, accommodate, or collaborate with the forces of colonization did not affect the overall U.S. policy concerning the O’odham – that policy being the eventual total assimilation of the O’odham into the dominant “civilized” industrial system. 5

This investigation will include a strong focus on O’odham resistance to colonization, as any anti-colonial history should, however it will not discount or ignore the many historical occurrences of accommodation, and in some cases outright collaboration, with the colonizers. It is important to always keep in mind that none of the actions and reactions in any of the case studies looked at are attributable to the O’odham as a “totality,” but rather are attributable only to the various groupings of O’odham, be they incarnated in the form of the individual, the clan, the village, an economic or spiritual grouping, or an established political organization.

A God of Civilization and Coercion Comes to the O’odham

The O’odham’s first encounter with Spanish invaders took place in the mid sixteenth century when a group of conquistadors led by Alvaro Nunez Cabeza de Vaca entered O’odham territory in search of gold. These men did not find the riches they were looking for and left the desert region to return to the Spanish colony. However, soon after word spread of the O’odham villages on the northern periphery of the Spanish colony, missionaries began to travel north to bring God and “civilization” to the native people residing there. By 1686, Catholic missionaries had formed a few small missions in O’odham territory using what they believed to be the influence of their soft power 6 techniques to lure the O’odham into their missions where they were then subjected to a rigorous schedule of cultural indoctrination. Most O’odham historians, including Winston Erickson, 7 and to a lesser extent, Bernard Fontana 8 have, during this time period, focused on the O’odham who chose to reside nearby and within these early missions, thus painting a picture of the O’odham as accepting of Spanish influence and cultural indoctrination.

However a closer look at this time period reveals that mission O’odham were only a small percentage of the total population of O’odham residing in the Sonoran desert 9 and that the ones who were there may not have been so for the reasons that the colonizers believed. San Xavier del Bac, the largest mission in O’odham lands, as well as many other missions, took advantage of the fact that the desert O’odham migrated in the dry winter months to the Northern Piman settlements along the rivers to work the small farm plots for sustenance. 10 The Catholic missions inserted themselves into this traditional pattern. Those O’odham who worked and lived near the missions were, for the most part, seasonal residents, which shows that the missions were viewed merely as being of utilitarian value. Thus, the O’odham as a totality were not necessarily accommodating to or interested in anything the missionaries had to offer per se, and when the missionaries began to employ “hard power” techniques and abuse or overstep the grounds for their welcome it did not go without consequence. 11

Accommodating and ignoring the missionaries was not the only response to colonization practiced by the O’odham during the seventeenth and eighteenth centuries. Although historians such as Erickson feel that “the missions did serve the O’odham well….,” 12 that assertion is contradicted by the fact that there were many large scale rebellions waged against the missions from outside and from within. In 1695, 1751, 1756, and 1776, large scale rebellions occurred in which missionaries were killed and their missions burned to the ground. 13 In some cases these rebellions were the doing of joint O’odham/Apache alliances, which is significant considering that many histories of the O’odham and Apache portray them as immemorial enemies. This may be the result of the fact that by the early nineteenth century the Spanish government initiated a campaign of divide and conquer that was continued later by the Mexican and U.S. governments to turn the O’odham and Apache against one another, thus easing the project of their subjugation.

A Change in the Occupation Government: Washington Enters O’odham Lands

In 1821, Mexican Independence from Spain was achieved and interest in the O’odham dropped away nearly entirely. By 1828, the new and secular Mexican government began the process of shutting down the missions in O’odham territory and by 1842, the last of the missions were closed. Soon after, in 1846, the United Stated initiated a war for territorial expansion against Mexico. This war was not of immediate consequence to the O’odham peoples. Isolated in desert regions, the fighting between the two occupation powers affected them little in the short run. However, the signing of the Treaty of Guadalupe Hidalgo in 1848, which ended the war, would lay the foundations for a series of disastrous events which would affect the O’odham in very negative ways.

Of greatest consequence to the O’odham was the fact that the boundary between the United States and Mexico was not finalized by the treaty of Guadalupe Hidalgo. The boundary was designated by Article Five of the Treaty as being an arbitrary line roughly following the 32nd parallel, an area which runs through the southern part of modern Arizona. To the east, the border was provided by the Rio Grande. The exact boundary line along the 32nd parallel was to be decided at a later date. It is also important to note here that the Treaty also provided that all Mexican citizens absorbed by the United States were to be granted U.S. citizenship, which included all indigenous peoples in the annexed territory since under Mexican law they were considered citizens. In the treaty the United States also assumed the responsibility for preventing cross border raiding into Mexico by the southwestern tribes, specifically the Apache. 14

In the aftermath of the signing of the treaty of Guadalupe Hidalgo, it became quickly apparent that an acceptable border between Mexico and the United States along the 32nd parallel would not be achieved. An official survey expedition was assembled by the United States and Mexico in 1849 to trace out the boundary between the two countries with little success. Various borderlines were agreed to and then abandoned and re-made by the United States, sometimes in a unilateral decision that dismissed the positions of the Mexican government altogether. 15

The principal concern for the United States was to secure title to an area of land in northern Sonora, Mexico that was ideally suited for the construction of a portion of the southern continental railroad whose building was being discussed in the U.S. Congress at the time. One of the main advocates for this southern railroad route was a South Carolina man by the name of Colonel James Gadsden. Gadsden’s history of connections to powerful business, military, and political leaders is very interesting and his appointment by the United States to be Minister to Mexico in 1853 serves as a very informative source to gauge the United States’ intentions towards Native Americans and the O’odham in particular.

James Gadsden was born into an influential southern family and graduated from Yale University. After enlisting and serving in the war of 1812, Gadsden was sent to the Florida territory with Andrew Jackson to aid in the campaign of removal and extermination being waged against the Seminole Indians, which took place from 1816-1818. After this war against the Seminole, Gadsden was appointed by President Monroe as commissioner to oversee the removal of the Seminole Indians to Indian Territory. Like the more famous removal of the Cherokee, the removal of the Seminole, and the high death rate suffered as a result, unarguably constituted genocide. 16 As a reward for a job well done, Gadsden was appointed by Monroe to a seat on the legislative council of the territory of Florida, thus beginning Gadsden’s political career. In 1840, Gadsden was elected President of the Louisville, Charleston, and Cincinnati Railroad. In 1853, the Secretary of War, an ardent white supremacist and slavery defender by the name of Jefferson Davis, appointed Gadsden to be Minister to Mexico. 17 As Minister to Mexico, one of Gadsden’s primary missions was to negotiate a final demarcation of the boundary between the U.S. and Mexico. Although Gadsden was a zealous believer in Manifest Destiny, his ideas concerning racial Anglo-Saxonism 18 caused him to be an opponent of the total annexation of Mexico. Gadsden, like many racist U.S. politicians of that time, felt that the total absorption of Mexico and its non-Anglo population into the United States would pollute the Anglo bloodline too much and thus he sought only to gain enough territory for the United States to build the southern pacific route. 19 Thus, a man who had presided over a war of genocide against the Seminole Indians, was a devout racist, and who had obvious conflicts of interest due to his connections to the railroads, was put into a position to determine the territorial boundary between the United States and Mexico and in the process also determine the boundaries of the O’odham’s land. With its appointment of Gadsden, the intent of the U.S. government could not be clearer. Business interests and territorial expansion were to run roughshod, by any means necessary, over any native peoples who stood in the way.

It is no surprise that when James Gadsden finally successfully negotiated a treaty with Santa Anna to secure what is now the southern portion of Arizona, the O’odham were not consulted. In fact, the Gadsden Treaty, signed into law in 1853, did not contain any mention of the O’odham at all. Considering that the new boundary line put in place by the Gadsden Treaty literally split the traditional O’odham lands in two, it is obvious that the intentions of the United States were in no way benevolent. Here it is also important to point out that the terms of the Gadsden Treaty specifically included the same citizenship provisions which were spelled out in the earlier Treaty of Guadalupe Hidalgo. 20 Although the Gadsden treaty was of great significance for the O’odham, their isolation and the outbreak of the Civil War enabled them to live another decade in relative isolation from Anglo encroachment.

Assimilation, Cultural Destruction, Double Speak and Ordained Genocide

The causes which the Almighty originates, when in their appointed time he wills that one race of men – as in races of lower animals – shall disappear off the face of the earth and give place to another race, and so on, in the great cycle traced out by Himself, which may be seen, but has reasons too deep to be fathomed by us. The races of the mammoths and mastodons, and the great sloths, came and passed away: The red man of America is passing away!
–United States Congress Committee on Indian Affairs report, 1865. 21

No doubt with similar justifications in mind as those of the Committee on Indian Affairs, Anglo settlers began their invasion of O’odham lands less than a year after the conclusion of the Civil War. The Homestead Act had opened up the lands of Southern Arizona to Anglo squatters and in 1866, one of the first of many bills was passed by Congress granting mineral rights to any citizen who claimed them. 22 Every one of these homesteads opened and every resource extraction operation initiated without the express consent of the O’odham represented an illegal action under the Gadsden Treaty. The citizenship provisions of the Gadsden Treaty had granted citizenship to all former Mexican citizens and the O’odham were, by legal definition, included in this formulation. The United States, however, refused to consider “uncivilized” peoples as being worthy of the protections granted to citizens by the fourth amendment of the U.S. Constitution, which prohibits the expropriation of property. This refusal of the United States government to follow its own laws pertaining to Native Americans when those laws happen to stand in the way of U.S. interests has been a common occurrence in United States Indian policy. This land grab was only the first of many illegalities committed against the O’odham people by the United States and its citizens. In this respect the O’odham are in a special position when compared with many other tribes. While the theft of native lands by the United States Government was usually legally justified by treaty stipulations signed between a tribe and the U.S. government, this justification could not and cannot be used in the case of the O’odham since no treaty was ever signed with the O’odham by the United States Government. 23

For the most part, the O’odham did not resist this initial incursion of Anglo settlement, rather the O’odham practiced accommodation and moved farther out into the desert to shield themselves from the new settlers invading their lands. Traditional ways were maintained with the exception of the introduction of cattle ranching. The O’odham territory was well suited for the raising of cattle and a good number of O’odham became cattle ranchers, both for purposes of subsistence as well as for sale to Anglos residing in and around Tucson. In the 1880s, as increasing numbers of Anglo cattle ranchers began to invade and take over their pasture, some O’odham began to resist.

The O’odham resisted by stealing the Anglo cattle herds which were rounded up and driven south to be sold on the Mexican market. The expropriation of Anglo cattle herds was not isolated, and it became a major concern for the settlers and the government. In at least one case, a large cattle outfit was driven out of business. 24 The concern over this outbreak of O’odham theft of Anglo cattle was large enough that newspapers as far away as Los Angeles ran stories about the phenomenon. For the most part these stories seem to have been deliberately used to justify the enclosure of the O’odham into reservations as the government and Anglo cattle ranchers seized the opportunity to gain even more O’odham land by arguing that it was an unfair burden for the Anglo cattle ranchers to have to “support” the O’odham. 25 Here, in previous case study, we have another common attribute of U.S. Indian policy in general, and one which occurs again and again in the history of O’odham contact with the U.S. government and Anglo settlers – blaming the victim.

Another official position of United States Indian policy during this time period was that everything done to the Indians was, in the words of Indian Commissioner J. Q. Smith, in their own “best interests.” 26 Whether this obvious sham was based on a subconscious guilt and delusion or was a cynical example of “double-speak,” it is obvious that Native American’s best interest’s were the last thing on the government’s mind. Nevertheless, with this reasoning as justification, the first official reservation for the O’odham was created by executive order of President Grant on July 1, 1874. This small reservation surrounded the Old Catholic mission at San Xavier del Bac. It is estimated that only about ten percent 27 of the desert O’odham took up residence within this reservation – these were labeled as “civilized” O’odham by U.S. census takers. The vast majority of O’odham were labeled as “wild” and continued to live in the vast desert regions west of San Xavier del Bac. While it is obvious that the desert O’odham were resisting cultural assimilation by avoidance, even the mission O’odham maintained a resistance to European culture as the next example will illustrate.

While visiting the old mission at San Xavier a newspaper columnist from the Los Angeles Times wrote that upon her visit in 1882, she could see “not a single civilized human habitation within miles.” This writer goes on to state that the O’odham’s dwellings were in the form of “conical mud huts.” In the casual racism and Social Darwinist rhetoric of the period she also adds that,

“The Papagos are but little in advance of gophers and prairie dogs in their habitations.” 28

The point is that after more than 200 years of European influence, even the mission O’odham continued to build their traditional shelters. 29

Progressivism and Cultural Genocide: The Dawes Act

In 1887, the General Allotment Act, also known as the Dawes Act, was signed into law. The Dawes Act was the staging point for the forced assimilation of those remnants of Native American groupings which had not been totally decimated by the preceding period of “Indian Wars” and forced relocations. The essential function of the Dawes Act was to disrupt traditional tribal land holding patterns and thus force Native Americans into the Anglo system of private property. The O’odham, like most other Native American cultures, did not have a concept of private property – land was held in common for the benefit of the village group. Communally held land was an essential pre-requisite for their Anarchistic political system and extremely de-centralized tribal structure. 30

The first section of the Dawes Act provides for equal “sections” of land to be parceled out to each “head of family.” This head of family was always understood to be the father of each family when land was allotted. Thus, this first section of the act not only attempted to destroy the communal land system of Native Americans, it also instituted Patriarchy as the basis for social functioning in Native America. 31 In addition, Section Five of the Act also provides that any un-allotted lands be subject to purchase by the United States government. Section Six and Seven provide that all monies paid by the U.S. for un-allotted Native lands be held for each tribe by the U.S. Treasury and “subject to appropriation” by the U.S. government to repay itself for the implementation of allotment as well as to provide for the “civilization” of Native Americans. 32 In less veiled words, these sections are basically stating that Native Americans will be forced to pay for their own cultural annihilation.

This interpretation of the intent of the Dawes Act becomes clearer when one looks at the arguments and debates that took place in Congress and within self described progressive “Indian rights” groups such as the Indian Rights Association. Critics of the Dawes Act in Congress such as Rep. Russell Errett understood that

“the main purpose of this bill is not to help the Indian troubles so much as it is to provide a method for getting at the valuable Indian lands and opening them up for settlement.” 33

And Senator Dawes, the namesake of the final bill, speaking of the land and resources of Native Americans stated that

“civilization has got after these possessions with a greed never before equaled but it is idle to expect to stay it….” 34

As for the progressive Indian Rights Association, they argued that

“the organization of the Indians into tribes is, and has been, one of the most serious hindrances to the advancement of civilization, and that every effort should be made to secure disintegration of all tribal organizations….” 35

And one of their leaders, Reverend L. Abbott, provided justification with the statement:

“Barbarism has no rights which civilization is bound to respect.” 36

So here we have a self-proclaimed progressive Indian Rights organization arguing for cultural genocide and against the notion that Native Americans have any rights that civilized people are bound to respect! This conclusion provides a perfect example of the essence of “progressive” or “civilized” thought.

The Dawes Act had a much less devastating effect for the O’odham than it did for many other Native American tribes. At the time of its passage, the only official reservation for the O’odham was the San Xavier reservation which, as was stated earlier, was only a small 71,090 acre reservation around the old mission San Xavier del Bac. When the allotment agent came to San Xavier in 1890, he allotted out 41,600 acres of land to the 363 O’odham whom he counted in his census as being resident at the time. 37 The vast majority of the O’odham still continued to live west of San Xavier in the expansive desert regions and were little affected by the allotment schemes. Even those O’odham who lived in San Xavier and were allotted land paid little attention to the artificial boundaries drawn on paper which supposedly privatized their land – they continued to farm and graze the land communally. 38 This refusal to abide by the provisions of the Dawes Act is also a form of resistance to cultural assimilation and adds one more example to show that for those O’odham who resisted, the most often employed method of resistance was non-compliance and avoidance. This specific response to colonization was made possible by the isolation and expansiveness of their desert home, which many Anglo’s continued to view as a “hopeless desert.” 39

The Domestication of the “Wild Papago”

The vast majority of the O’odham continued to resist assimilation and maintained a fairly traditional lifestyle – minus the introduction of cattle herding and horse rearing. In the twenty years following the passage of the Dawes Act, a growing effort was made to enclose the “Wild Papago” 40 and forcibly strip them of their traditional culture and instill them with the “civilized” values of the industrial Anglo. As was mentioned previously in the paper, ranchers and the government used O’odham cattle theft from Anglo ranchers as one tool to justify the enclosure of the O’odham within a reservation. During this period, Anglo Cattle ranchers continued to encroach deeper and deeper into O’odham territory and scuffles began to break out.

In another classic example of the “blame the victim” tactic, a pro-enclosure story was printed in the Los Angeles Times, no doubt to build public pressure for the domestication of the “Wild Papago.” The story concerns a group of O’odham who had resisted an Anglo cattleman’s attempts to enclose one of their water sources. When these O’odham continually tore down the fence that this cattleman had built, the rancher filed a report with the local Indian Agency sheriff to have the men arrested. When the sheriff arrived to arrest the O’odham responsible for defending their water source, he was taken hostage. The sheriff was later released unharmed; however, the incident was used to make the argument that such troubles can only be expected to increase if the O’odham were not enclosed on a reservation where they could be more easily controlled and monitored. 41

The tactic of occupying and diverting natural water sources was one of the tools used by the Anglo settlers and government to destroy the self sufficiency of the O’odham and force them into reservations where they would be dependent on the government for their water and would thus be easier to control and monitor. Some of the O’odham clearly understood what was happening, which is evidenced by instances of resistance both to the enclosure of natural water sources as well as resistance to the drilling of wells. One example of the U.S. government using water as a tool of forced cultural assimilation can be found by looking at an event recorded by an O’odham calendar stick 42 keeper. In 1912, the O’odham residing in the village of Santa Rosa, an isolated and traditional village in the western desert region of O’odham territory, were paid a visit by an Anglo Indian Commissioner who wished to drill a well for them. The Chief of the village objected to the drilling of the well on the grounds that it would disturb their culture, their autonomy and their self-sufficiency. The government agent proceeded to have the well drilled anyway. Upon completion of the well, the Chief of the village, according to the calendar stick keeper, stated that

“the well must be left alone and, in order that the Papagos might continue their old life, water must still be carried from the spring in the foothills.” 43

However, the prohibition by the Chief could not be upheld due to the overwhelming convenience of the new well and after a period of abstaining from its usage, the village of Santa Rosa (including the Chief) gave in and thus was assimilated into the industrial system by being made dependent on the Government well. 44 During this same time period, encroaching Anglo farmers engaged in the diversion of O’odham water sources to irrigate their farms. This practice served as another method of forcing the self sufficient O’odham into a relationship of dependence upon the government. In many areas so much water was diverted that the O’odham could no longer grow their traditional summer crops. 45

In 1919, the first incarnation of an O’odham reservation to enclose the nearly two million acres of desert that the “Wild Papago” were residing in was established. The formation of the desert O’odham reservation in 1919 ushered in a period of exponentially increased government interference in O’odham matters, and of course, the various forms of coercive assimilation were multiplied. By 1933, thirty-two unwanted wells were drilled all over the new reservation. 46 The well drilling was often opposed by those who were trying to maintain the O’odham Him’dag – the traditional ways of the desert people.

Resistance and Collaboration: O’odham Responses to Forced Modernization

In contrast to the traditional O’odham who had maintained resistance to cultural assimilation for the past 300 years, there was also a small number of O’odham based in the new reservation that welcomed collaboration with the forces of Anglo modernization and advocated for cultural accommodation and in some instances for total cultural assimilation. These men would later form an organization called the Papago Good Government League, which would serve as the propaganda arm of the Bureau of Indian Affairs and government policy in general. The leadership of this new faction had been taken from their families as youths and placed in Protestant boarding schools to be culturally indoctrinated. The Tucson Presbyterian Training School was one of the indoctrination centers where many future members of the Good Government League had been sent. 47

Religious indoctrination, whether Catholic or Protestant, has always been one of the most powerful tools of colonization and its justification used by European invaders against the indigenous peoples of the Americas. The necessary counterpart to the forced indoctrination of Christian principals and morals has always been the repression of indigenous spiritual practices. The United States government understood the profound power that traditional spiritual practices had in maintaining group solidarity and cohesion and it is for this reason that such spiritual practices were made illegal and repressed historically. In 1883, a Court of Indian Offenses was established by congress at the request of Secretary of Interior Henry M. Teller to eliminate traditional spiritual practices. In a report to the commissioner of Indian Affairs, Teller laid out his goals and his rationale stating that,

“If it is the purpose of the Government to civilize the Indians, they must be compelled to desist from the savage and barbarous practices that are calculated to continue them in savagery….”

Teller went on to associate those who resisted the repression of their spirituality with the “non-progressive” faction of Indians and labeled traditional spiritualism as “debauchery,” “diabolism,” and “savagery.” The overarching argument of his letter is that in order to civilize the Indians and bring them into the industrial system, their traditional spiritualism must be destroyed. As an initial step towards this end, Teller advised that Medicine Men be “compelled” to desist from their practice of “deception.” 48

Although the Court of Indian Offenses advocated that coercion be used to repress and destroy indigenous spiritualism, it failed to succeed in this project even when it used force to try to stop traditional spiritual rituals. According to Historian Edward Spicer, the only thing the Court succeeded in doing was driving traditional spiritual practices underground. In the case of many resistant O’odham, traditional spiritual practices were continued without regard to regulations or prohibitions against them, and in many cases, federal authorities resorted to repression and arrest to try to stop these practices. One traditional spiritual practice of the O’odham which was particularly hated by the Protestant Missionaries and Indian Agents was the Vi-kita ceremony.

The Vi-kita ceremony of the O’odham has been written about and studied by many Anglo historians and anthropologists, the most prominent being Columbia Anthropologist Ruth Underhill. 49 Before going into a short description of the Vi-kita it is important to understand that this ceremony varied depending on who was conducting it and where it was being conducted. Peter Blaine, an influential O’odham man sympathetic to the traditional ways, wrote in his autobiography about Underhill’s methods. Blaine explained the traditional way for the O’odham to tell about their past was to do it

“in a group so that everybody had a chance to talk and tell it their way. Underhill was talking to just one man…Dr. Underhill was wrong all the way in how she got her information.” 50

As scholars from the dominant culture often do, Underhill had applied her own notions of hierarchy, authority and individualism to her work with the O’odham and totally disregarded their traditional methods of conveying information in a communal fashion.

The Vi-kita itself was a yearly rain and fertility festival preformed to initiate and give thanks for the yearly summer rains. The ceremony itself consisted of the communal singing of rain songs, dancing, intimate encounters, and the consumption of Navait (Saguaro wine), an alcoholic drink made by the fermentation of Saguaro Cactus buds. The consumption of this wine was meant to symbolize the connection between the sky and the earth. The intake of the Navait was representative of the earth’s intake of rain. Participants drank Navait until vomiting occurred as this act embodied the clouds issuing forth rain unto the earth. It was a powerful ceremony that bonded the O’odham with the elements of nature.

When Protestant missionaries, and a small number of Protestant O’odham in the Good Government League, backed by U.S. Indian Agents, began their attempts to usurp power on the newly formed western O’odham (Sells) 51 reservation in the early 20th century, one of the first things they attacked was the practice of the Vi-kita ceremony. In the early 1930s, Peter Blaine explained that the traditional O’odham from the San Xavier reservation would travel to the western reservation for the Vi-kita. He states that,

“In the late 1920s the government tried to stop this wine drinking ceremony on the Sells reservation. But no Papago or Agency police could ever stop it.”

In one instance Blaine tells the story of how he helped defend three traditional O’odham Vi-kita ceremony leaders when they were arrested by agents from the Indian Bureau and jailed in Tucson. During the trial, a group of Protestant O’odham men from the Good Government League 52 argued for the repression of the ceremony – one of these men, Richard Hendrix, would continue to plague the traditional O’odham in future encounters. To respond to the collaborationist Good Government League, the resistant traditional O’odham formed the League of Papago Chiefs to counter the attempts of the Protestant Good Government League to usurp control on the reservation. 53

The Indian Reorganization Act and O’odham land rights

On June 18th, 1934, President Roosevelt signed into law the Indian Reorganization Act which finally stopped the forced allotment process initiated by the Dawes Act in 1887. The Indian Reorganization Act was viewed by its proponents as being in the best interests of the Indians. One of the reasons for this view was the fact that the Dawes Act and its forced allotment provisions had resulted in the loss of 90,000,000 acres of tribal lands and it was hoped by some, including then Indian Commissioner John Collier, that the Indian Reorganization Act could be used to regain some of this lost land.

The public was also encouraged to view the Indian Reorganization Act as being beneficial for Native Americans. A large article in the Los Angles Times entitled “The Bill to Return Indian Rights” stated that:

“After a century of graft, plunder and injustice, this bill has the objective of handing their own souls back to the Indians.” 54

However, such optimism and notions of cultural relativism were not held by all. As a precursor to the Indian Reorganization Act, a report was prepared for the Secretary of the Interior in 1928 to lay out the need for a change in Federal Indian Policy. The report stated that the “great majority of Indians are ultimately to merge into the general population” and that it was the government’s responsibility to assimilate Native Americans into “white civilization” because “the hands of the clock cannot be turned backwards.” Sympathetic attempts to help Native Americans retain their culture were stigmatized as attempts to “preserve them as museum specimens.” 55 Indian Commissioner John Collier was one of those who believed that Native Americans should retain their culture and that “the awakening of the racial spirit must be sustained….” 56 However, although the finalized Indian Reorganization Act did contain elements that were meant to “help” Native Americans, many of its articles were still designed to impose “civilized” systems on Native Americans.

It can be argued that the intent of the finalized Indian Reorganization Act was to initiate a new chapter in the push for the total cultural assimilation of the Native American tribes. The argument that there was no qualitative change between the Dawes Act and the Reorganization Act is legitimate. The Indian Reorganization Act provides the examples for the argument. The main tool of assimilation in the Indian Reorganization Act was the provision in Section 17 which allowed for Native American tribes to form their own tribal governments, constitutions and laws which, although it is not specifically stated, were intended to be Anglo in structure and functioning. In the case that these native governments were not sufficiently acceptable to the U.S. government, section 17 also provided that all Tribal Government formations must be “approved by the Secretary of the Interior.” 57 This clearly shows that the intent of the Act was not to allow Native Americans to become fully autonomous, either culturally or politically. For a tribe such as the O’odham, which had a long history of decentralization and consensus decision making, the imposition of western style liberal democracy, with its attendant centralization and majority rule system, was an obvious method of forced cultural indoctrination. Peter Blaine, who was mentioned earlier, was an O’odham man who had sympathy for the traditional, decentralized and communal way of O’odham societal organization. When the collaborationist Papago Good Government League began to maneuver themselves into the position of representing all of the O’odham, Blaine took it upon himself to lead the charge to discredit their assertions to business interests and the Federal Government that they represented the O’odham. Blaine wrote that:

“This so-called council represented only their own church people, but they took it upon themselves to become a council for all Papagos. They had meetings. Nobody attended them but these four guys because most people didn’t recognize them as leaders.” 58

In 1934 Blaine, along with another O’odham from the Gila Bend reservation named Leon Pancho became the first O’odham to travel to Washington D.C. These two men were sent as representatives of the traditional chiefs of the O’odham villages to argue against a recent court order that closed the Sells reservation to outside, Anglo owned, mining. The court order was a result of a lawsuit brought by the members of the Good Government League, including Richard Hendrix, who had teamed up with outside lawyers. These lawyers were to receive as payment a ten percent share of all land reclaimed from the mining companies, or a monetary equivalent. As this entire procedure was done behind the backs of the majority of the O’odham, when it was revealed, there was great resentment towards the Good Government League by many of the O’odham.

While in Washington D.C., Blaine was informed of the pending Indian Reorganization Act, and he became a supporter of the Act due to its provision allowing for the self government of Native Americans, as well as a provision in section Six that allowed the Secretary of Interior to manage mineral, mining, and livestock on the reservation. 59 In the case of the O’odham this meant that the reservation would be re-opened to mining and they would regain an important means of economic sustenance. According to Blaine, the mines were an important economic resource for the O’odham as they provided jobs and a market where beef and other O’odham products could be sold. 60 This is yet another unfortunate example of how the incursion of Anglo industrial technology served to destroy the self-sufficiency of the O’odham by making them dependent on it for survival.

Whether or not the mines were truly in the best interest of the O’odham is a complex topic which cannot be dealt with here. However it should be stated that Blaine and his companions’ trip to Washington D.C. was financed by the Tucson Chamber of Commerce, an organization that functioned in support of the mining interests, not the O’odham. This Tucson Chamber of Commerce was the same organization that had aggressively petitioned President Wilson to rescind his 1916 act forming the Sells reservation because it prevented Anglo agricultural interests from exploiting the area’s “best agricultural and grazing lands.” 61

Resistance to and Collaboration with the “White Man’s War”

Not long after the passage of the Indian Reorganization Act and the formation of the first O’odham Tribal Government, the United States declared war on Japan, thus entering World War II. The participation of Native Americans in World War II has been well publicized, especially the role the Dineh (Navajo) played as code talkers in the South Pacific. The United States government and the mainstream media portrayed Native Americans as being eager to fight for their homeland, and eager to assimilate into “white civilization” once they returned from the war. Nearly 25,000 62 Native Americans served in the United States military during World War II, many of whom were no doubt under the impression that their service would be rewarded with increased “rights” after the war’s end. Instead, as a “reward” for Native Americans participation in World War II the United States government established the Indian Claims commission in 1946 to legalize the U.S. occupation of Native American Lands never granted to the U.S. by treaty, passed House Concurrent Resolution 108 to terminate tribal recognition as separate entities from the Federal Government, and then instituted a plan in 1954 to relocate Native Americans off the reservation and into “Indian Ghettos” in the nation’s large cities. 63 These were the “rewards” for participation in World War II.

Like many other Native American Tribes, some of the O’odham Nations members participated in World War II. Ruth Underhill claims that the O’odham enlisted to serve in World War II “in droves” 64 and it is documented that the O’odham tribal government bought $10,000 in war bonds. 65 However, the extent of this involvement was distorted by the media, academia, and even some of the O’odham leaders in the tribal government. Richard Hendrix, a former member of the collaborationist Good Government League, had risen to prominence in the new O’odham tribal government by this time and was interviewed by the Arizona Archaeological and Historical Society on November 16, 1942. In this interview Hendrix exposed the extent to which he had allowed his mind to be colonized and assimilated into that of the dominant white culture. Speaking of colonization in general and World War II in particular, Hendrix stated that the O’odham had:

Learned to love the American government and they learned to love the Stars and Stripes. And when the war came and the time came for our boys to be registered, there was no exception. They registered just the same as white boys did. And now they are out fighting alongside the white boys, the American boys. They are just as anxious as the white boys to kill as many Japs, to kill as many Germans, and they are very anxious to win this great war so that the Papago people in this desert land may continue to enjoy the freedom of their homes. 66

Hendrix’s internalization of white supremacist racial notions is a heart breaking and shocking example of the extent to which he had accepted the ideology of “white civilization.” In addition, his assertion that every O’odham boy registered for the war with “no exception” is glaringly false.

Aside from the fact that there are always exceptions to everything, there was also a large scale organized resistance to World War II led by an old Chief and medicine man, Pia Machita, and his band of traditional O’odham who resided in an isolated village in the north western area of the Sells Reservation known as the Hickwan district. According to Peter Blaine, the O’odham residing in some of the most isolated villages in the Hickwan district had not seen a white man until the 1930s, and continued to practice the traditional O’odham Him’dag. 67 When Pia Machita was informed of the compulsory registration of young O’odham boys for induction into World War II, he instructed the youth of his village to refuse to sign the registration forms when they were visited by the local Indian Agent. Pia Machita was a very traditional leader who refused cultural assimilation and would not accept the authority of the Bureau of Indian Affairs or the O’odham tribal government. Finally, after all efforts to persuade Pia Machita’s village to register had failed, the tribal chief of police and a gang of Federal Marshals led by U.S. Marshall Ben McKinney invaded the village at two in the morning on October 16th, 1941, with tear gas bombs and guns drawn – when the Marshals attempted to take Pia Machita into custody some of the young men from the village used force to liberate him and severely beat one of the federal marshals. In the face of this resistance, the government agents and their local collaborators retreated to Tucson. When the Attorney General’s Office heard of the resistance on the O’odham reservation, they immediately got involved in the effort to repress this draft resistance movement as quickly as possible to prevent its possible spread to other reservations. By May 17th, 1941, after a period of about six months of trying to track down Pia Machita and his small band of men, Marshall McKinney and O’odham collaborators including Jose Ignacio from the tribal government, surrounded Pia Machita in the village of Stoa Pitk and took him into custody without incident. 68

Peter Blaine was the O’odham tribal chairman during the time that Pia Machita was leading the draft resistance movement. Although he did not believe that Pia Machita and his men were threats in any way, he was annoyed by what he perceived to be their stubbornness and attributed their draft resistance to his belief that they “didn’t really understand what they were doing.” 69 In reality, it was Blaine who did not understand the reasons behind Pia Machita and his men’s resistance to enlistment. Pia Machita and his men understood very well what they were doing – they were resisting giving aid to a government that they understood was their enemy. Given this understanding, and given the dictionary definition of the word “collaboration,” it becomes necessary to label those O’odham who participated in the arrest of Pia Machita as such – collaborators. The understanding that the U.S. government was the enemy of the traditional O’odham of the Hickwan district was based upon a long history of attempts by the U.S. government to force the Traditional O’odham of that area to abandon the Him’dag and embrace elements of Anglo “progress” such as dams, railroads, wells, and the protestant religion. Despite Peter Blaine’s inability to understand why the O’odham in the Hickwan district rejected Anglo-civilization in its totality, he still maintained sympathy for the people there. When Pia Machita and two co-defendants were finally sentenced to serve 18 months in prison at Terminal Island Federal Prison for their roles in leading the resistance movement, Peter Blaine eventually came to their aid and used his connections as tribal chairman to persuade the sentencing Judge to release Pia Machita early and allow him to return to the reservation and his family. 70

Conclusion

The history of the O’odham’s contact with the United States government has been one marked by a persistent current of resistance to cultural assimilation into “white civilization.” This resistance has included a variety of tactics and actions. The favored tactic of resistance to assimilation for many of the O’odham groupings seems to have been that of avoidance and feigned accommodation to Anglo culture when expedient. However, as was evidenced by the O’odham’s early history of contact with the Spanish, they did not refrain from waging armed resistance to colonization when they were pushed into a situation where other tactics might have been ineffectual.

In addition to resistance and accommodation, it has also been shown that some of the O’odham choose to engage in direct collaboration with the Anglo colonization of their lands and minds. As this paper has shown, the levels of collaborative activity amongst the O’odham varied, and so did the effects of such collaboration. When investigating instances of collaboration it is always important to understand the context which produced them and to remember that the ultimate blame for a situation of oppression should always be placed upon the group committing the acts of repression – in this case the United States government and allied business interests. It is important to show such examples of collaboration and to understand that all human cultures who have been the victim of colonization have invariably contained individuals who chose to collaborate for a variety of reasons. The O’odham are no exception to this rule. Making apologies for collaboration or failing to mention the instances where such collaboration did occur creates a historical distortion and does nothing to aid present struggles for liberation.

The O’odham responses to colonization never represented a totality, but a strong current of resistance is evident throughout their history. In regards to the United States government, it can be said, given the primary sources looked at, and the final drafts of laws signed and policies followed, that the intent of the United States government toward all Native American tribes, when it was not outright genocidal, has been the cultural destruction and absorption of remaining Native Americans into the dominant industrial culture of “white civilization.” Regardless of the varying tactics used, and the various lip service about “best interests” and “justice,” it has been shown that there has never been a qualitative change in United States policy toward the O’odham people and Native Americans in general. The O’odham have maintained aspects of their traditional culture despite the best efforts of the government to force assimilation, not as a result of such efforts. A continuing current of struggle between the forces of colonization and resistance has persisted for centuries, in all its various forms, within the minds and bodies of many O’odham and will continue until liberation.

NOTES:

1
This date is based on archeological evidence gathered by E.W. Haury in Ventana Cave. Haury, E.W. The Stratigraphy and Archeology of Ventana Cave Arizona. Tuscon: University of Arizona Press, 1950. Cited from Williams, Thomas R. “The Structure of the Socialization Process in Papago Indian Society.” Social Forces, Vol.36, No.3. p.253.

2
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tuscon: University of Arizona Press, 1989. pp.37-39.

3
The name “O’odham” is roughly translated as “the people” in the Piman dialect spoken by the various O’odham groupings.

4
In 1986 the tribal government of the Papago reservation officially changed its name to the Tohono O’odham Nation.

5
The term “civilized” is a problematic historical term, and its definition tends to be very subjective. The meaning of the term and its use as a label is heavily influenced by how the author and the reader understand its meaning. For the purposes of this paper, the term “civilized” refers to the totality of the “western” cultural, political, and economic system – and most importantly the belief that technological/industrial progress is inherently beneficial and liberatory. For most, being labeled “civilized” is viewed as a positive and the label of “un-civilized” or “savage” is viewed in the reverse. However, for the purposes of this study it is imperative to understand that this author views “civilization” itself as an inherently oppressive and destructive entity, and this must be kept in mind to correctly understand the arguments and analyses in the paper.

6
The term “soft power” refers to the concept of gaining influence and control over another group by means of the attraction of the dominating group’s cultural attributes and the use of commodification rather than using military might and coercion (“hard power”) to gain that influence. See Joseph S. Nye, Jr. Soft Power: The means to success in world politics. New York: Perseus Books, 2004.

7
Erickson, Winston T. Sharing the Desert: The Tohono O’odham in History. Tucson: University of Arizona Press, 2003.

8
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tucson: University of Arizona Press, 1989.

9
According to Catholic missionary records, the numbers of mission O’odham during this time period were somewhere around 2,000. However, according to population estimates there were at least 10,000 O’odham peoples living in this area. See Fontana, Bernard L. Of Earth and Little Rain . pp.11,46.

10
Fontana, Bernard L., p.40.

11
It is well documented that many of the Missions resorted to physical abuse, forced confinement and occasional murder to coerce the O’odham into compliance. San Xavier del Bac, the largest and most famous of Catholic missions in O’odham lands was built with forced labor. See Daniel McCool; “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981).p59.

12
Erickson, Winston P., p.66.

13
Fontana, Bernard L., pp.61-64.

14
Treaty of Guadalupe Hidalgo, Feb 2nd, 1848. United States Statutes At Large, pp. 922-943

15
For a detailed treatment of this series of events see; Garber, Paul N. The Gadsden Treaty. Glouchester: Peter Smith, 1959.

16
For more information on the removal of the Seminole; Stannard, David E. American Holocaust: The Conquest of the New World. New York: Oxford University Press, 1992. P.124. For additional information about the Seminole Wars see; Churchill, Ward. “A Little Matter Of Genocide: Holocaust and Denial in the Americas 1492 to the Present.” San Francisco: City Lights Books, 1997.

17
All dates for the political appointments of James Gadsden are cited from Paul Garber’s “The Gadsden Treaty.” Pages 74-81.

18
Racial Anglo-Saxonism was a belief popular in the later 19th century which held that Europeans of Anglo-Saxon descent were at the forefront of evolution and were responsible to bring civilization to the world. This ideology was used as a convenient justification for the extermination and removal of Native Americans. For a detailed study of this ideology see: Horsman, Reginald. Race And Manifest Destiny: The Origins of American Racial Anglo-Saxonism. Cambridge: Harvard University Press, 1981.

19
For a detailed investigation of the role that the railroads played in the Gadsden purchase see; Schmidt, Louis B. “Manifest Opportunity and the Gadsden Purchase.” Arizona and the West, vol.3 (autumn 1961).

20
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. p.1.

21
United States Congress. Joint Special Committee. Condition of The Indian Tribes. Report of the joint special committee, appointed under joint resolution of March 3, 1865. With an appendix. Washington, D.C.: United States Government Printing Office, 1865.

22
Erickson, p.77

23
During this time period many treaties were negotiated with native tribes in the regions west of the Mississippi to gain legal justification for the United States’ theft of their lands. For a detailed list of treaties signed between the United States and Native American tribes, see the compendium edited by Charles J. Kappler. Indian Affairs: Laws and Treaties. 7 volumes. Washington, D.C.: Unites States Government Printing Office, 1903-4.

24
Spicer, Edward H. Cycles of Conquest: The Impact of Spain, Mexico, and the United States on the Indians of the Southwest, 1533-1960. Tucson: The University of Arizona Press, 1962. p.138.

25
“Arizona News; Papago Cattle-thieves Brought to Justice.” Los Angeles Times. Feb 1, 1894. Also see: “Arizona News; Report Showing the Depredations Committed by Papago Indians on Stockmen’s Herds.” Los Angeles Times. June 8, 1895, In addition see; “Arizona News: Papagoes Destroying Cattle in Large Numbers.” Los Angeles Times. Mar 23, 1894.

26
Kehoe, Lawrence. “Our New Indian Policy and Religious Liberty.” Catholic World, vol. 26 (Oct. 1887). P.96.

27
Erickson p.78.

28
“Tucson And Fort Lowell; Notes of a Visitor – The Church of San Xavier.” Los Angeles Times. Nov 18, 1882.

29
The Spanish had brought the adobe style of construction to the O’odham but, although the resources for adobe construction were readily available to the O’odham at San Xavier, they continued to build their traditional grass huts.

30
For a detailed study of traditional O’odham tribal structure and life style see; Underhill, Ruth M. Social Organization of the Papago Indians. Columbia: Columbia University Press, 1939. ________. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

31
For the most part, traditional Native American societies exhibited gender parallelism and were rarely if ever patriarchal by definition. For a detailed study of gender in Native America see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

32
All direct quotations from Dawes Act. General Allotment Act (Dawes Act). February 8, 1887. Printed in its totality in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

33
U.S. Congress, House Committee on Indian Affairs, Lands in Severalty to Indians: Report to Accompany H.R. 5038, 46th Cong., 2nd sess., May 28, 1880, H. Rept. 1576, pp.7-10. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

34
Letter from Henry L. Dawes to Henry M. Teller (Commissioner of Indian Affairs), September 19, 1882. Dawes Papers, Library of Congress, Washington, D.C. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

35
Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. P.12.

36
Washburn, p.16.

37
Fontana, pp. 77-79.

38
Erickson, p. 92.

39
“Baboquivari Peak.” Los Angeles Times. Nov 4, 1894.

40
The term “Wild Papago” was a term used by the government and media to marginalize those O’odham who continued to resist “civilization.”

41
“The Indian War Cloud.” Los Angeles Times. May 22, 1885.

42
The Calendar Stick was a device used by the O’odham as a tool to aid in the remembering of their history. The Calendar Stick itself was a cactus stick on which notches were carved at various intervals which aided the history keeper in the remembrance of events.

43
Fontana, p.54.

44
This example is meant to show the insidious nature of industrial technology and is not intended to place any blame on this specific group of O’odham for their ultimate choice to begin using the well. This example is given to show how industrial technology always comes with strings attached. In this case, once the village becomes dependent on the well they in turn become dependent on the Anglo civilization which is needed to maintain the functioning of such a well, and thus become less able to resist other Anglo incursions. In addition it must be pointed out here that the traditional water gathering procedure talked about was preformed by O’odham women. Due to this fact, some may feel that by resisting the building of the well, the male O’odham are in fact seeking to perpetuate patriarchy. It is true that the O’odham did have a system of gendered roles, but the overall system made room for exceptions and is best characterized as one of gender parallelism, not patriarchy. It is the Anglo industrial system that brought patriarchy to the O’odham. For more information see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. Also see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

45
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. pp..5-8.

46
Spicer, p. 140.

47
Spicer, p.141.

48
All quotes taken directly from: House Executive Document no.1, 48th Cong., 1st sess., serial 2190, pp.x-xii. Reproduced in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

49
For a detailed account of the Vi-kita see: Davis, Edward H. The Papago Ceremony of Vikita. New York: Museum of The American Indian, 1920. Also see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

50
Blaine, Peter. Papagos and Politics. Tucson: The Arizona Historical Society, 1981. p.42.

51
The expansive western O’odham reservation was officially called the Sells reservation. It was named after the first Indian agent in the region, John Sells.

52
The Good Government League was formed by a small group of Protestant O’odham who used the organization to advocate for the assimilation of the O’odham into Anglo civilization as well as to promote general U.S. Indian policy.

53
Blaine, pp.40-50.

54
“Bill To Return Indian Rights ” Los Angeles Times. June 8, 1934.

55
Lewis Meriam et al., The Problem of Indian Administration. Baltimore: Johns Hopkins Press, 1928. Selection printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

56
Annual Report of the Secretary of Interior, 1934, pp.78-83. Reprinted in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

57
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

58
Blaine, p.50.

59
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

60
Blaine, pp.50-53.

61
McCool, Daniel. “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981). p.62.

62
Holm, Tom. “Fighting A White Mans War: The Extent and Legacy of American Indian Participation in World War II.” The Journal of Ethnic Studies. 9.2. p.70.

63
For more on this aspect of the Indian Claims Commission, and a discussion about the termination act see: Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979.

64
Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. P.94.

65
Blaine, p.115.

66
Hendrix, Richard. Talk by Richard Hendricks, Prominent Papago Indian, Given at the Arizona Archaeological and Historical Society, November 16, 1942. The Kiva, vol. 8 (Nov. 1942).

67
Blaine, p.92.

68
Flaccus, Elmer. “Arizona’s Last Great Indian War: The Saga of Pia Machita.” The Journal of Arizona History, vol. 22 (1981).

69
Blaine, p.101.

70
Blain, pp.103-4.

© 2004, REPRODUCTION FOR NON-PROFIT INFORMATIONAL PURPOSES IS ALLOWED

US Senate represents Insurance, Israel

Are you represented by a US senator? I doubt it. Today the Senate Finance Committee rejected Public Option amendments to the health care reform legislation; continued to vilify ACORN based on fraudulent accusations hyped the MSM; and thirty two senators signed a letter drafted by AIPAC, to urge Secretary of State Clinton to block further investigation of Israel for its crimes in Gaza based on the findings of the Goldstone Report.
 
Abolish the Senate! Does America have any use for a House of Lords?

Today five Democrats joined the ten Republicans on the Senate Finance Committee to reject a PUBLIC OPTION. The senators voting no were: Max Baucus (D-MT), Kent Conrad (D-ND), Blanche Lincoln (D-AR), Thomas Carper (D-DE), Bill Nelson (D-FL), Orrin Hatch (R-UT), Charles Grassley (R-IA), John Ensign (R-NV), Olympia Snowe (R-ME), Jon Kyl (R-AZ), Jim Bunning (R-KY), Mike Crapo (R-ID), Pat Roberts (R-KS), Mike Enzi (R-WY), John Cornyn (R-TX)

Senator Rockerfeller promoted his public option saying that “the public option is on the march.” There should be more pitchforks than that on the march. Who are these rich bastards who lord over our representatives in Congress? It’s a House of Lords, representing America’s moneyed interests, against the needs of the common people.

Senators Saxby Chambliss (R-Ga) and Johnny Isakson (R-Ga) collected signatures last week to urge the GAO to investigate ACORN. I mention this letter because of similar source of today’s letter.

Isakson and Kirsten Gillibrand (D-NY) circulated the letter to block the UN from taking action against Israel. The other senators, among them 16 Democrats, are: Charles Schumer (D-NY), Robert Menendez (D-NJ), Carl Levin (D-MI), Barbara Boxer (D-CA), Tim Johnson (D-SD), David Vitter (D-ND), Evan Bayh (D-IN), Mark Begich (D-AK), Benjamin Cardin (D-MD), Barbara Mikulski (D-MD), Byron Dorgan (D-ND), Ron Wyden (D-OR), Russ Feingold (D-WI), Dan Inouye(D-HI), Frank Lautenberg (D-NJ), Arlen Specter (D-PA), Joe Lieberman (I-CT), Mike Crapo (R-ID), Jon Kyl (R-AZ), James Risch (R-ID), Pat Roberts (R-KS), Susan Collins (R-ME), Jim DeMint (R-SC), John Ensign (R-NV), Orrin Hatch (R-UT), Mike Johanns (R-NE), Roger Wicker (R-MS), John McCain (R-AZ), John Thune (R-SD), and Lisa Murkowski (R-AK).

Do these people represent the American People? Here is their letter sent on behalf of Israel:

Dear Madam Secretary,

We appreciate the State Department publicly raising significant concerns about the United Nations Fact-Finding Mission led by Justice Richard Goldstone. We believe it is critical that the U.S. continue to work very hard to block any punitive actions against Israel that this report mentions, whether at the Security Council or other U.N. bodies. The loss of innocent lives is unfortunate wherever it occurs – in Israel or in Gaza. But this biased report ignores many of the key facts, and this should be recognized by the international community.

We commend the State Department statements criticizing the one-sided mandate directing the Goldstone report and highlighting the real causes of the war between Israel and Hamas. In particular, we are gratified that the Department has very serious concerns about the report’s recommendations, including calls that this issue be taken up in international fora outside the Human Rights Council and in national courts of countries not party to the conflict. As the United Nations Human Rights Council moves toward a resolution on the Goldstone report, we trust you and your team will denounce the unbalanced nature of this investigation.

There are many serious flaws with the Goldstone report and the investigatory process. The Goldstone mission’s mandate was problematic from the start. The fact that the mission exceeded this mandate by also criticizing some of Hamas’ activities does not diminish the problem that the vast majority of the report focuses on Israel’s conduct, rather than that of Hamas. The report further fails to acknowledge Israel’s right to defend itself against terrorism and other external threats, a right of all UN Members under Article 51 of the UN Charter. The report ignores the fact that Israel acted in self-defense only after its civilian population suffered eight years of attacks by rockets and mortars fired indiscriminately from Gaza. Furthermore, the report does not adequately recognize the extraordinary measures taken by the Israel Defense Forces to minimize civilian casualties, which frequently put Israeli soldiers at risk.

As the State Department has stated, Israel is a democratic country, like the United States, with an independent judiciary and democratic institutions to investigate and prosecute abuses. The Israel Defense Forces have a reputation for investigating alleged violations of international law and its internal military code of conduct. As a law-abiding state, Israel is in the process of conducting numerous investigations for which it should be commended not condemned.

We hope you will succeed in your efforts to ensure that consideration of the report at the current meetings of the UN Human Rights Council will not provide an opportunity for Israel’s critics to unfairly use the Council and the report to bring this matter to the UN Security Council.

Sincerely,

Senator Kirsten E. Gillibrand

Senator Johnny Isakson

For the record, here also is Isakson’s letter trying to bring heat to the poverty-rights advocacy group ACORN:

The Honorable Gene L. Dodaro
Acting Comptroller General
U.S. Government Accountability Office

Dear Mr. Dodaro,

I am writing to request that the Government Accountability Office (GAO) undertake a review of ACORN, otherwise known as the Association of Community Organizations for Reform Now. For purposes of this letter, the term ACORN shall mean the organization itself, its subsidiaries, its affiliates, and the employees of all such organizations.

Any such investigation should:

(1) Analyze the business structure and organizational management of ACORN.

(2) Analyze ACORN’s compliance with state, local and federal law.

(3) Examine ACORN’s tax structure focusing on a delineation of what activities fall under their 501(c)3 umbrella and what, if any, do not.

(4) Compile a comprehensive list of all federal funding that ACORN has received since its inception; including, but not limited to, contracts, cooperative agreements, grants, appropriations and emergency funding.

(5) Examine grants or payments for services made by ACORN, its subsidiaries or affiliates.

(6) Examine grants or payments for services received by ACORN, its subsidiaries or affiliates.

Current voter fraud investigations in several states, prior fraud convictions, and new video showing apparent illegal activity by ACORN employees suggest that at the very least the organization warrants a top to bottom investigation on behalf of the taxpayer. Taxpayers deserve nothing less than a thorough and transparent accounting of ACORN’s activities.

“Pain Compliance”

…and they wonder why people would deliberately crash airplanes into their buildings…

On Teevee right now there’s a Smug Arrogant PIG demonstrating how to use one of those Airsoft pellet guns to inflict severe pain on somebody to make him “Comply”… meaninng Grovel To His Imperialistic Cowardly Uniform and Badge.

“Do as we say or we cause great pain, then we handcuff you and make you suffer MORE pain once there’s no chance of you fighting back and possibly putting Our Coward Arses in any danger”

That’s why the CSPD targeted elderly and disabled people at the St Paddy’s Day Massacre two years ago.

They enjoy causing pain but are too yellow to take any chances doing it.

Obama endorsed by infamous UN liar

Anthrax vial“Less than a teaspoon of dry anthrax, a little bit about this amount — this is just about the amount of a teaspoon –“

Colin Powell perjured himself at the UN, playing the leading role in encouraging the invasion of Iraq which resulted in the deaths of over a million Iraqis. Now he’s lauded for endorsing Barack Obama? What hope is there that Obama will seek a just resolution to the war in Iraq?

Let’s continue this excerpt from Colin Powell’s presentation before the United Nations on February 6, 2003:

” …less than a teaspoon full of dry anthrax in an envelope shutdown the United States Senate in the fall of 2001. This forced several hundred people to undergo emergency medical treatment and killed two postal workers just from an amount just about this quantity that was inside of an envelope.

“Iraq declared 8,500 liters of anthrax, but UNSCOM estimates that Saddam Hussein could have produced 25,000 liters. If concentrated into this dry form, this amount would be enough to fill tens upon tens upon tens of thousands of teaspoons. And Saddam Hussein has not verifiably accounted for even one teaspoon-full of this deadly material.

“And that is my third point. And it is key. The Iraqis have never accounted for all of the biological weapons they admitted they had and we know they had. They have never accounted for all the organic material used to make them. And they have not accounted for many of the weapons filled with these agents such as there are 400 bombs. This is evidence, not conjecture. This is true. This is all well-documented.”

Transcript to Feb. 6, 2003 U. N. presentation by Colin Powell

Part 1: Introduction

Thank you, Mr. President.

Mr. President, Mr. Secretary General, distinguished colleagues, I would like to begin by expressing my thanks for the special effort that each of you made to be here today.

This is important day for us all as we review the situation with respect to Iraq and its disarmament obligations under U.N. Security Council Resolution 1441.

Last November 8, this council passed Resolution 1441 by a unanimous vote. The purpose of that resolution was to disarm Iraq of its weapons of mass destruction. Iraq had already been found guilty of material breach of its obligations, stretching back over 16 previous resolutions and 12 years.

Resolution 1441 was not dealing with an innocent party, but a regime this council has repeatedly convicted over the years. Resolution 1441 gave Iraq one last chance, one last chance to come into compliance or to face serious consequences. No council member present in voting on that day had any illusions about the nature and intent of the resolution or what serious consequences meant if Iraq did not comply.

And to assist in its disarmament, we called on Iraq to cooperate with returning inspectors from UNMOVIC and IAEA.

We laid down tough standards for Iraq to meet to allow the inspectors to do their job.

This council placed the burden on Iraq to comply and disarm and not on the inspectors to find that which Iraq has gone out of its way to conceal for so long. Inspectors are inspectors; they are not detectives.

I asked for this session today for two purposes: First, to support the core assessments made by Dr. Blix and Dr. ElBaradei. As Dr. Blix reported to this council on January 27th, “Iraq appears not to have come to a genuine acceptance, not even today, of the disarmament which was demanded of it.”

And as Dr. ElBaradei reported, Iraq’s declaration of December 7, “did not provide any new information relevant to certain questions that have been outstanding since 1998.”

My second purpose today is to provide you with additional information, to share with you what the United States knows about Iraq’s weapons of mass destruction as well as Iraq’s involvement in terrorism, which is also the subject of Resolution 1441 and other earlier resolutions.

I might add at this point that we are providing all relevant information we can to the inspection teams for them to do their work.

The material I will present to you comes from a variety of sources. Some are U.S. sources. And some are those of other countries. Some of the sources are technical, such as intercepted telephone conversations and photos taken by satellites. Other sources are people who have risked their lives to let the world know what Saddam Hussein is really up to.

I cannot tell you everything that we know. But what I can share with you, when combined with what all of us have learned over the years, is deeply troubling.

What you will see is an accumulation of facts and disturbing patterns of behavior. The facts on Iraq’s behavior demonstrate that Saddam Hussein and his regime have made no effort — no effort — to disarm as required by the international community.

Indeed, the facts and Iraq’s behavior show that Saddam Hussein and his regime are concealing their efforts to produce more weapons of mass destruction.

Part 2: Hiding prohibited equipment

Let me begin by playing a tape for you. What you’re about to hear is a conversation that my government monitored. It takes place on November 26 of last year, on the day before United Nations teams resumed inspections in Iraq.

The conversation involves two senior officers, a colonel and a brigadier general, from Iraq’s elite military unit, the Republican Guard.

[Following is a U.S. translation of that taped conversation.]

GEN: Yeah.

COL: About this committee that is coming…

GEN: Yeah, yeah.

COL: …with Mohamed ElBaradei [Director, International Atomic Energy Agency]

GEN: Yeah, yeah.

COL: Yeah.

GEN: Yeah?

COL: We have this modified vehicle.

GEN: Yeah.

COL: What do we say if one of them sees it?

GEN: You didn’t get a modified… You don’t have a modified…

COL: By God, I have one.

GEN: Which? From the workshop…?

COL: From the al-Kindi Company

GEN: What?

COL: From al-Kindi.

GEN: Yeah, yeah. I’ll come to you in the morning. I have some comments. I’m worried you all have something left.

COL: We evacuated everything. We don’t have anything left.

GEN: I will come to you tomorrow.

COL: Okay.

GEN: I have a conference at Headquarters, before I attend the conference I will come to you.

Let me pause and review some of the key elements of this conversation that you just heard between these two officers.

First, they acknowledge that our colleague, Mohamed ElBaradei, is coming, and they know what he’s coming for, and they know he’s coming the next day. He’s coming to look for things that are prohibited. He is expecting these gentlemen to cooperate with him and not hide things.

But they’re worried. “We have this modified vehicle. What do we say if one of them sees it?”

What is their concern? Their concern is that it’s something they should not have, something that should not be seen.

The general is incredulous: “You didn’t get a modified. You don’t have one of those, do you?”

“I have one.”

“Which, from where?”

“From the workshop, from the al-Kindi Company?”

“What?”

“From al-Kindi.”

“I’ll come to see you in the morning. I’m worried. You all have something left.”

“We evacuated everything. We don’t have anything left.”

Note what he says: “We evacuated everything.”

We didn’t destroy it. We didn’t line it up for inspection. We didn’t turn it into the inspectors. We evacuated it to make sure it was not around when the inspectors showed up.

“I will come to you tomorrow.”

The al-Kindi Company: This is a company that is well known to have been involved in prohibited weapons systems activity.

Let me play another tape for you. As you will recall, the inspectors found 12 empty chemical warheads on January 16. On January 20, four days later, Iraq promised the inspectors it would search for more. You will now hear an officer from Republican Guard headquarters issuing an instruction to an officer in the field. Their conversation took place just last week on January 30.

Let me pause again and review the elements of this message.

“They’re inspecting the ammunition you have, yes.”

“Yes.”

“For the possibility there are forbidden ammo.”

“For the possibility there is by chance forbidden ammo?”

“Yes.”

“And we sent you a message yesterday to clean out all of the areas, the scrap areas, the abandoned areas. Make sure there is nothing there.”

Remember the first message, evacuated.

This is all part of a system of hiding things and moving things out of the way and making sure they have left nothing behind.

If you go a little further into this message, and you see the specific instructions from headquarters: “After you have carried out what is contained in this message, destroy the message because I don’t want anyone to see this message.”

“OK, OK.”

Why? Why?

This message would have verified to the inspectors that they have been trying to turn over things. They were looking for things. But they don’t want that message seen, because they were trying to clean up the area to leave no evidence behind of the presence of weapons of mass destruction. And they can claim that nothing was there. And the inspectors can look all they want, and they will find nothing.

This effort to hide things from the inspectors is not one or two isolated events, quite the contrary. This is part and parcel of a policy of evasion and deception that goes back 12 years, a policy set at the highest levels of the Iraqi regime.

Part 3: Attempt to thwart inspection

We know that Saddam Hussein has what is called “a higher committee for monitoring the inspections teams.” Think about that. Iraq has a high-level committee to monitor the inspectors who were sent in to monitor Iraq’s disarmament.

Not to cooperate with them, not to assist them, but to spy on them and keep them from doing their jobs.

The committee reports directly to Saddam Hussein. It is headed by Iraq’s vice president, Taha Yassin Ramadan. Its members include Saddam Hussein’s son Qusay.

This committee also includes Lt. Gen. Amir al-Saadi, an adviser to Saddam. In case that name isn’t immediately familiar to you, Gen. Saadi has been the Iraqi regime’s primary point of contact for Dr. Blix and Dr. ElBaradei. It was Gen. Saadi who last fall publicly pledged that Iraq was prepared to cooperate unconditionally with inspectors. Quite the contrary, Saadi’s job is not to cooperate, it is to deceive; not to disarm, but to undermine the inspectors; not to support them, but to frustrate them and to make sure they learn nothing.

We have learned a lot about the work of this special committee. We learned that just prior to the return of inspectors last November the regime had decided to resume what we heard called, “the old game of cat and mouse.”

For example, let me focus on the now famous declaration that Iraq submitted to this council on December 7. Iraq never had any intention of complying with this council’s mandate.

Instead, Iraq planned to use the declaration, overwhelm us and to overwhelm the inspectors with useless information about Iraq’s permitted weapons so that we would not have time to pursue Iraq’s prohibited weapons. Iraq’s goal was to give us, in this room, to give those of us on this council the false impression that the inspection process was working.

You saw the result. Dr. Blix pronounced the 12,200-page declaration, rich in volume, but poor in information and practically devoid of new evidence.

Could any member of this council honestly rise in defense of this false declaration?

Everything we have seen and heard indicates that, instead of cooperating actively with the inspectors to ensure the success of their mission, Saddam Hussein and his regime are busy doing all they possibly can to ensure that inspectors succeed in finding absolutely nothing.

My colleagues, every statement I make today is backed up by sources, solid sources. These are not assertions. What we’re giving you are facts and conclusions based on solid intelligence. I will cite some examples, and these are from human sources.

Orders were issued to Iraq’s security organizations, as well as to Saddam Hussein’s own office, to hide all correspondence with the Organization of Military Industrialization.

This is the organization that oversees Iraq’s weapons of mass destruction activities. Make sure there are no documents left which could connect you to the OMI.

We know that Saddam’s son, Qusay, ordered the removal of all prohibited weapons from Saddam’s numerous palace complexes. We know that Iraqi government officials, members of the ruling Baath Party and scientists have hidden prohibited items in their homes. Other key files from military and scientific establishments have been placed in cars that are being driven around the countryside by Iraqi intelligence agents to avoid detection.

Thanks to intelligence they were provided, the inspectors recently found dramatic confirmation of these reports. When they searched the home of an Iraqi nuclear scientist, they uncovered roughly 2,000 pages of documents. You see them here being brought out of the home and placed in U.N. hands. Some of the material is

classified and related to Iraq’s nuclear program.

Tell me, answer me, are the inspectors to search the house of every government official, every Baath Party member and every scientist in the country to find the truth, to get the information they need, to satisfy the demands of our council?

Our sources tell us that, in some cases, the hard drives of computers at Iraqi weapons facilities were replaced. Who took the hard drives. Where did they go? What’s being hidden? Why? There’s only one answer to the why: to deceive, to hide, to keep from the inspectors.

Numerous human sources tell us that the Iraqis are moving, not just documents and hard drives, but weapons of mass destruction to keep them from being found by inspectors.

While we were here in this council chamber debating Resolution 1441 last fall, we know, we know from sources that a missile brigade outside Baghdad was disbursing rocket launchers and warheads containing biological warfare agents to various locations, distributing them to various locations in western Iraq. Most of the launchers and warheads have been hidden in large groves of palm trees and were to be moved every one to four weeks to escape detection.

We also have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities.

Let me say a word about satellite images before I show a couple. The photos that I am about to show you are sometimes hard for the average person to interpret, hard for me. The painstaking work of photo analysis takes experts with years and years of experience, pouring for hours and hours over light tables. But as I show you these images, I will try to capture and explain what they mean, what they indicate to our imagery specialists.

Let’s look at one. This one is about a weapons munition facility, a facility that holds ammunition at a place called Taji (ph). This is one of about 65 such facilities in Iraq. We know that this one has housed chemical munitions. In fact, this is where the Iraqis recently came up with the additional four chemical weapon shells.

Here, you see 15 munitions bunkers in yellow and red outlines. The four that are in red squares represent active chemical munitions bunkers.

How do I know that? How can I say that? Let me give you a closer look. Look at the image on the left. On the left is a close-up of one of the four chemical bunkers. The two arrows indicate the presence of sure signs that the bunkers are storing chemical munitions. The arrow at the top that says security points to a facility that is the signature item for this kind of bunker. Inside that facility are special guards and special equipment to monitor any leakage that might come out of the bunker.

The truck you also see is a signature item. It’s a decontamination vehicle in case something goes wrong.

This is characteristic of those four bunkers. The special security facility and the decontamination vehicle will be in the area, if not at any one of them or one of the other, it is moving around those four, and it moves as it needed to move, as people are working in the different bunkers.

Now look at the picture on the right. You are now looking at two of those sanitized bunkers. The signature vehicles are gone, the tents are gone, it’s been cleaned up, and it was done on the 22nd of December, as the U.N. inspection team is arriving, and you can see the inspection vehicles arriving in the lower portion of the picture on the right.

The bunkers are clean when the inspectors get there. They found nothing.

This sequence of events raises the worrisome suspicion that Iraq had been tipped off to the forthcoming inspections at Taji (ph). As it did throughout the 1990s, we know that Iraq today is actively using its considerable intelligence capabilities to hide its illicit activities. From our sources, we know that inspectors are under constant surveillance by an army of Iraqi intelligence operatives.

Iraq is relentlessly attempting to tap all of their communications, both voice and electronics.

I would call my colleagues attention to the fine paper that United Kingdom distributed yesterday, which describes in exquisite detail Iraqi deception activities.

In this next example, you will see the type of concealment activity Iraq has undertaken in response to the resumption of inspections. Indeed, in November 2002, just when the inspections were about to resume this type of activity spiked. Here are three examples.

At this ballistic missile site, on November 10, we saw a cargo truck preparing to move ballistic missile components. At this biological weapons related facility, on November 25, just two days before inspections resumed, this truck caravan appeared, something we almost never see at this facility, and we monitor it carefully and regularly.

At this ballistic missile facility, again, two days before inspections began, five large cargo trucks appeared along with the truck-mounted crane to move missiles. We saw this kind of house cleaning at close to 30 sites.

Days after this activity, the vehicles and the equipment that I’ve just highlighted disappear and the site returns to patterns of normalcy. We don’t know precisely what Iraq was moving, but the inspectors already knew about these sites, so Iraq knew that they would be coming.

We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?

Remember the first intercept in which two Iraqis talked about the need to hide a modified vehicle from the inspectors. Where did Iraq take all of this equipment? Why wasn’t it presented to the inspectors?

Iraq also has refused to permit any U-2 reconnaissance flights that would give the inspectors a better sense of what’s being moved before, during and after inspectors.

This refusal to allow this kind of reconnaissance is in direct, specific violation of operative paragraph seven of our Resolution 1441.

Saddam Hussein and his regime are not just trying to conceal weapons, they’re also trying to hide people. You know the basic facts. Iraq has not complied with its obligation to allow immediate, unimpeded, unrestricted and private access to all officials and other persons as required by Resolution 1441.

Part 4: Access to scientists

The regime only allows interviews with inspectors in the presence of an Iraqi official, a minder. The official Iraqi organization charged with facilitating inspections announced, announced publicly and announced ominously that, quote, “Nobody is ready to leave Iraq to be interviewed.”

Iraqi Vice President Ramadan accused the inspectors of conducting espionage, a veiled threat that anyone cooperating with U.N. inspectors was committing treason.

Iraq did not meet its obligations under 1441 to provide a comprehensive list of scientists associated with its weapons of mass destruction programs. Iraq’s list was out of date and contained only about 500 names, despite the fact that UNSCOM had earlier put together a list of about 3,500 names.

Let me just tell you what a number of human sources have told us.

Saddam Hussein has directly participated in the effort to prevent interviews. In early December, Saddam Hussein had all Iraqi scientists warned of the serious consequences that they and their families would face if they revealed any sensitive information to the inspectors. They were forced to sign documents acknowledging that divulging information is punishable by death.

Saddam Hussein also said that scientists should be told not to agree to leave Iraq; anyone who agreed to be interviewed outside Iraq would be treated as a spy. This violates 1441.

In mid-November, just before the inspectors returned, Iraqi experts were ordered to report to the headquarters of the special security organization to receive counterintelligence training. The training focused on evasion methods, interrogation resistance techniques, and how to mislead inspectors.

Ladies and gentlemen, these are not assertions. These are facts, corroborated by many sources, some of them sources of the intelligence services of other countries.

For example, in mid-December weapons experts at one facility were replaced by Iraqi intelligence agents who were to deceive inspectors about the work that was being done there.

On orders from Saddam Hussein, Iraqi officials issued a false death certificate for one scientist, and he was sent into hiding.

In the middle of January, experts at one facility that was related to weapons of mass destruction, those experts had been ordered to stay home from work to avoid the inspectors. Workers from other Iraqi military facilities not engaged in illicit weapons projects were to replace the workers who’d been sent home. A dozen experts have been placed under house arrest, not in their own houses, but as a group at one of Saddam Hussein’s guest houses. It goes on and on and on.

As the examples I have just presented show, the information and intelligence we have gathered point to an active and systematic effort on the part of the Iraqi regime to keep key materials and people from the inspectors in direct violation of Resolution 1441. The pattern is not just one of reluctant cooperation, nor is it merely a lack of cooperation. What we see is a deliberate campaign to prevent any meaningful inspection work.

My colleagues, operative paragraph four of U.N. Resolution 1441, which we lingered over so long last fall, clearly states that false statements and omissions in the declaration and a failure by Iraq at any time to comply with and cooperate fully in the implementation of this resolution shall constitute — the facts speak for themselves –shall constitute a further material breach of its obligation.

We wrote it this way to give Iraq an early test — to give Iraq an early test. Would they give an honest declaration and would they early on indicate a willingness to cooperate with the inspectors? It was designed to be an early test.

They failed that test. By this standard, the standard of this operative paragraph, I believe that Iraq is now in further material breach of its obligations. I believe this conclusion is irrefutable and undeniable.

Iraq has now placed itself in danger of the serious consequences called for in U.N. Resolution 1441. And this body places itself in danger of irrelevance if it allows Iraq to continue to defy its will without responding effectively and immediately.

The issue before us is not how much time we are willing to give the inspectors to be frustrated by Iraqi obstruction. But how much longer are we willing to put up with Iraq’s noncompliance before we, as a council, we, as the United Nations, say: “Enough. Enough.”

The gravity of this moment is matched by the gravity of the threat that Iraq’s weapons of mass destruction pose to the world. Let me now turn to those deadly weapons programs and describe why they are real and present dangers to the region and to the world.

Part 5: Biological weapons program

First, biological weapons. We have talked frequently here about biological weapons. By way of introduction and history, I think there are just three quick points I need to make.

First, you will recall that it took UNSCOM four long and frustrating years to pry — to pry — an admission out of Iraq that it had biological weapons.

Second, when Iraq finally admitted having these weapons in 1995, the quantities were vast. Less than a teaspoon of dry anthrax, a little bit about this amount — this is just about the amount of a teaspoon — less than a teaspoon full of dry anthrax in an envelope shutdown the United States Senate in the fall of 2001. This forced several hundred people to undergo emergency medical treatment and killed two postal workers just from an amount just about this quantity that was inside of an envelope.

Iraq declared 8,500 liters of anthrax, but UNSCOM estimates that Saddam Hussein could have produced 25,000 liters. If concentrated into this dry form, this amount would be enough to fill tens upon tens upon tens of thousands of teaspoons. And Saddam Hussein has not verifiably accounted for even one teaspoon-full of this deadly material.

And that is my third point. And it is key. The Iraqis have never accounted for all of the biological weapons they admitted they had and we know they had. They have never accounted for all the organic material used to make them. And they have not accounted for many of the weapons filled with these agents such as there are 400 bombs. This is evidence, not conjecture. This is true. This is all well-documented.

Dr. Blix told this council that Iraq has provided little evidence to verify anthrax production and no convincing evidence of its destruction. It should come as no shock then, that since Saddam Hussein forced out the last inspectors in 1998, we have amassed much intelligence indicating that Iraq is continuing to make these weapons.

One of the most worrisome things that emerges from the thick intelligence file we have on Iraq’s biological weapons is the existence of mobile production facilities used to make biological agents.

Let me take you inside that intelligence file and share with you what we know from eye witness accounts. We have firsthand descriptions of biological weapons factories on wheels and on rails.

The trucks and train cars are easily moved and are designed to evade detection by inspectors. In a matter of months, they can produce a quantity of biological poison equal to the entire amount that Iraq claimed to have produced in the years prior to the Gulf War.

Although Iraq’s mobile production program began in the mid-1990s, U.N. inspectors at the time only had vague hints of such programs. Confirmation came later, in the year 2000.

The source was an eye witness, an Iraqi chemical engineer who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.

He reported that when UNSCOM was in country and inspecting, the biological weapons agent production always began on Thursdays at midnight because Iraq thought UNSCOM would not inspect on the Muslim Holy Day, Thursday night through Friday. He added that this was important because the units could not be broken down in the middle of a production run, which had to be completed by Friday evening before the inspectors might arrive again.

This defector is currently hiding in another country with the certain knowledge that Saddam Hussein will kill him if he finds him. His eye-witness account of these mobile production facilities has been corroborated by other sources.

A second source, an Iraqi civil engineer in a position to know the details of the program, confirmed the existence of transportable facilities moving on trailers.

A third source, also in a position to know, reported in summer 2002 that Iraq had manufactured mobile production systems mounted on road trailer units and on rail cars.

Finally, a fourth source, an Iraqi major, who defected, confirmed that Iraq has mobile biological research laboratories, in addition to the production facilities I mentioned earlier.

We have diagrammed what our sources reported about these mobile facilities. Here you see both truck and rail car-mounted mobile factories. The description our sources gave us of the technical features required by such facilities are highly detailed and extremely accurate. As these drawings based on their description show, we know what the fermenters look like, we know what the tanks, pumps, compressors and other parts look like. We know how they fit together. We know how they work. And we know a great deal about the platforms on which they are mounted.

As shown in this diagram, these factories can be concealed easily, either by moving ordinary-looking trucks and rail cars along Iraq’s thousands of miles of highway or track, or by parking them in a garage or warehouse or somewhere in Iraq’s extensive system of underground tunnels and bunkers.

We know that Iraq has at lest seven of these mobile biological agent factories. The truck-mounted ones have at least two or three trucks each. That means that the mobile production facilities are very few, perhaps 18 trucks that we know of — there may be more — but perhaps 18 that we know of. Just imagine trying to find 18 trucks among the thousands and thousands of trucks that travel the roads of Iraq every single day.

It took the inspectors four years to find out that Iraq was making biological agents. How long do you think it will take the inspectors to find even one of these 18 trucks without Iraq coming forward, as they are supposed to, with the information about these kinds of capabilities?

Ladies and gentlemen, these are sophisticated facilities. For example, they can produce anthrax and botulism toxin. In fact, they can produce enough dry biological agent in a single month to kill thousands upon thousands of people. And dry agent of this type is the most lethal form for human beings.

By 1998, U.N. experts agreed that the Iraqis had perfected drying techniques for their biological weapons programs. Now, Iraq has incorporated this drying expertise into these mobile production facilities.

We know from Iraq’s past admissions that it has successfully weaponized not only anthrax, but also other biological agents, including botulism toxin, aflatoxin and ricin.

But Iraq’s research efforts did not stop there. Saddam Hussein has investigated dozens of biological agents causing diseases such as gas gangrene, plague, typhus, tetanus, cholera, camelpox and hemorrhagic fever, and he also has the wherewithal to develop smallpox.

The Iraqi regime has also developed ways to disburse lethal biological agents, widely and discriminately into the water supply, into the air. For example, Iraq had a program to modify aerial fuel tanks for Mirage jets. This video of an Iraqi test flight obtained by UNSCOM some years ago shows an Iraqi F-1 Mirage jet aircraft. Note the spray coming from beneath the Mirage; that is 2,000 liters of simulated anthrax that a jet is spraying.

In 1995, an Iraqi military officer, Mujahid Sali Abdul Latif (ph), told inspectors that Iraq intended the spray tanks to be mounted onto a MiG-21 that had been converted into an unmanned aerial vehicle, or a UAV. UAVs outfitted with spray tanks constitute an ideal method for launching a terrorist attack using biological weapons.

Iraq admitted to producing four spray tanks. But to this day, it has provided no credible evidence that they were destroyed, evidence that was required by the international community.

There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more. And he has the ability to dispense these lethal poisons and diseases in ways that can cause massive death and destruction. If biological weapons seem too terrible to contemplate, chemical weapons are equally chilling.

UNMOVIC already laid out much of this, and it is documented for all of us to read in UNSCOM’s 1999 report on the subject.

Let me set the stage with three key points that all of us need to keep in mind: First, Saddam Hussein has used these horrific weapons on another country and on his own people. In fact, in the history of chemical warfare, no country has had more battlefield experience with chemical weapons since World War I than Saddam Hussein’s Iraq.

Part 6: Chemical weapons

Second, as with biological weapons, Saddam Hussein has never accounted for vast amounts of chemical weaponry: 550 artillery shells with mustard, 30,000 empty munitions and enough precursors to increase his stockpile to as much as 500 tons of chemical agents. If we consider just one category of missing weaponry — 6,500 bombs from the Iran-Iraq war — UNMOVIC says the amount of chemical agent in them would be in the order of 1,000 tons. These quantities of chemical weapons are now unaccounted for.

Dr. Blix has quipped that, quote, “Mustard gas is not (inaudible) You are supposed to know what you did with it.”

We believe Saddam Hussein knows what he did with it, and he has not come clean with the international community. We have evidence these weapons existed. What we don’t have is evidence from Iraq that they have been destroyed or where they are. That is what we are still waiting for.

Third point, Iraq’s record on chemical weapons is replete with lies. It took years for Iraq to finally admit that it had produced four tons of the deadly nerve agent, VX. A single drop of VX on the skin will kill in minutes. Four tons.

The admission only came out after inspectors collected documentation as a result of the defection of Hussein Kamal, Saddam Hussein’s late son-in-law. UNSCOM also gained forensic evidence that Iraq had produced VX and put it into weapons for delivery. Yet, to this day, Iraq denies it had ever weaponized VX.

And on January 27, UNMOVIC told this council that it has information that conflicts with the Iraqi account of its VX program.

We know that Iraq has embedded key portions of its illicit chemical weapons infrastructure within its legitimate civilian industry. To all outward appearances, even to experts, the infrastructure looks like an ordinary civilian operation. Illicit and legitimate production can go on simultaneously; or, on a dime, this dual-use infrastructure can turn from clandestine to commercial and then back again.

These inspections would be unlikely, any inspections of such facilities would be unlikely to turn up anything prohibited, especially if there is any warning that the inspections are coming. Call it ingenuous or evil genius, but the Iraqis deliberately designed their chemical weapons programs to be inspected. It is infrastructure with a built-in ally.

Under the guise of dual-use infrastructure, Iraq has undertaken an effort to reconstitute facilities that were closely associated with its past program to develop and produce chemical weapons.

For example, Iraq has rebuilt key portions of the Tariq state establishment. Tariq includes facilities designed specifically for Iraq’s chemical weapons program and employs key figures from past programs.

That’s the production end of Saddam’s chemical weapons business.

What about the delivery end?

I’m going to show you a small part of a chemical complex called al-Moussaid (ph), a site that Iraq has used for at least three years to transship chemical weapons from production facilities out to the field.

In May 2002, our satellites photographed the unusual activity in this picture. Here we see cargo vehicles are again at this transshipment point, and we can see that they are accompanied by a decontamination vehicle associated with biological or chemical weapons activity.

What makes this picture significant is that we have a human source who has corroborated that movement of chemical weapons occurred at this site at that time. So it’s not just the photo, and it’s not an individual seeing the photo. It’s the photo and then the knowledge of an individual being brought together to make the case.

This photograph of the site taken two months later in July shows not only the previous site, which is the figure in the middle at the top with the bulldozer sign near it, it shows that this previous site, as well as all of the other sites around the site, have been fully bulldozed and graded. The topsoil has been removed. The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.

To support its deadly biological and chemical weapons programs, Iraq procures needed items from around the world using an extensive clandestine network. What we know comes largely from intercepted communications and human sources who are in a position to know the facts.

Iraq’s procurement efforts include equipment that can filter and separate micro-organisms and toxins involved in biological weapons, equipment that can be used to concentrate the agent, growth media that can be used to continue producing anthrax and botulism toxin, sterilization equipment for laboratories, glass-lined reactors and specialty pumps that can handle corrosive chemical weapons agents and recursors, large amounts of vinyl chloride, a precursor for nerve and blister agents, and other chemicals such as sodium sulfide, an important mustard agent precursor.

Now, of course, Iraq will argue that these items can also be used for legitimate purposes. But if that is true, why do we have to learn about them by intercepting communications and risking the lives of human agents? With Iraq’s well documented history on biological and chemical weapons, why should any of us give Iraq the benefit of the doubt? I don’t, and I don’t think you will either after you hear this next intercept.

Just a few weeks ago, we intercepted communications between two commanders in Iraq’s Second Republican Guard Corps. One commander is going to be giving an instruction to the other. You will hear as this unfolds that what he wants to communicate to the other guy, he wants to make sure the other guy hears clearly, to the point of repeating it so that it gets written down and completely understood. Listen.

(BEGIN AUDIO TAPE)

(Speaking in Foreign Language.)

(END AUDIO TAPE)

Let’s review a few selected items of this conversation.

Two officers talking to each other on the radio want to make sure that nothing is misunderstood:

“Remove. Remove.”

The expression, the expression, “I got it.”

“Nerve agents. Nerve agents. Wherever it comes up.”

“Got it.”

“Wherever it comes up.”

“In the wireless instructions, in the instructions.”

“Correction. No. In the wireless instructions.”

“Wireless. I got it.”

Why does he repeat it that way? Why is he so forceful in making sure this is understood? And why did he focus on wireless instructions? Because the senior officer is concerned that somebody might be listening.

Well, somebody was.

“Nerve agents. Stop talking about it. They are listening to us. Don’t give any evidence that we have these horrible agents.”

Well, we know that they do. And this kind of conversation confirms it.

Our conservative estimate is that Iraq today has a stockpile of between 100 and 500 tons of chemical weapons agent. That is enough agent to fill 16,000 battlefield rockets.

Even the low end of 100 tons of agent would enable Saddam Hussein to cause mass casualties across more than 100 square miles of territory, an area nearly five times the size of Manhattan.

Let me remind you that, of the 122 millimeter chemical warheads, that the U.N. inspectors found recently, this discovery could very well be, as has been noted, the tip of the submerged iceberg. The question before us, all my friends, is when will we see the rest of the submerged iceberg?

Saddam Hussein has chemical weapons. Saddam Hussein has used such weapons. And Saddam Hussein has no compunction about using them again, against his neighbors and against his own people.

And we have sources who tell us that he recently has authorized his field commanders to use them. He wouldn’t be passing out the orders if he didn’t have the weapons or the intent to use them.

We also have sources who tell us that, since the 1980s, Saddam’s regime has been experimenting on human beings to perfect its biological or chemical weapons.

A source said that 1,600 death row prisoners were transferred in 1995 to a special unit for such experiments. An eye witness saw prisoners tied down to beds, experiments conducted on them, blood oozing around the victim’s mouths and autopsies performed to confirm the effects on the prisoners. Saddam Hussein’s humanity — inhumanity has no limits.

Part 7: Nuclear weapons

Let me turn now to nuclear weapons. We have no indication that Saddam Hussein has ever abandoned his nuclear weapons program.

On the contrary, we have more than a decade of proof that he remains determined to acquire nuclear weapons.

To fully appreciate the challenge that we face today, remember that, in 1991, the inspectors searched Iraq’s primary nuclear weapons facilities for the first time. And they found nothing to conclude that Iraq had a nuclear weapons program.

But based on defector information in May of 1991, Saddam Hussein’s lie was exposed. In truth, Saddam Hussein had a massive clandestine nuclear weapons program that covered several different techniques to enrich uranium, including electromagnetic isotope separation, gas centrifuge, and gas diffusion. We estimate that this illicit program cost the Iraqis several billion dollars.

Nonetheless, Iraq continued to tell the IAEA that it had no nuclear weapons program. If Saddam had not been stopped, Iraq could have produced a nuclear bomb by 1993, years earlier than most worse-case assessments that had been made before the war.

In 1995, as a result of another defector, we find out that, after his invasion of Kuwait, Saddam Hussein had initiated a crash program to build a crude nuclear weapon in violation of Iraq’s U.N. obligations.

Saddam Hussein already possesses two out of the three key components needed to build a nuclear bomb. He has a cadre of nuclear scientists with the expertise, and he has a bomb design.

Since 1998, his efforts to reconstitute his nuclear program have been focused on acquiring the third and last component, sufficient fissile material to produce a nuclear explosion. To make the fissile material, he needs to develop an ability to enrich uranium.

Saddam Hussein is determined to get his hands on a nuclear bomb.

He is so determined that he has made repeated covert attempts to acquire high-specification aluminum tubes from 11 different countries, even after inspections resumed.

These tubes are controlled by the Nuclear Suppliers Group precisely because they can be used as centrifuges for enriching uranium. By now, just about everyone has heard of these tubes, and we all know that there are differences of opinion. There is controversy about what these tubes are for.

Most U.S. experts think they are intended to serve as rotors in centrifuges used to enrich uranium. Other experts, and the Iraqis themselves, argue that they are really to produce the rocket bodies for a conventional weapon, a multiple rocket launcher.

Let me tell you what is not controversial about these tubes.

First, all the experts who have analyzed the tubes in our possession agree that they can be adapted for centrifuge use. Second, Iraq had no business buying them for any purpose. They are banned for Iraq.

I am no expert on centrifuge tubes, but just as an old Army trooper, I can tell you a couple of things: First, it strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds U.S. requirements for comparable rockets.

Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.

Second, we actually have examined tubes from several different batches that were seized clandestinely before they reached Baghdad. What we notice in these different batches is a progression to higher and higher levels of specification, including, in the latest batch, an anodized coating on extremely smooth inner and outer surfaces. Why would they continue refining the specifications, go to all that trouble for something that, if it was a rocket, would soon be blown into shrapnel when it went off?

The high tolerance aluminum tubes are only part of the story. We also have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines; both items can be used in a gas centrifuge program to enrich uranium.

In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War. This incident linked with the tubes is another indicator of Iraq’s attempt to reconstitute its nuclear weapons program.

Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.

People will continue to debate this issue, but there is no doubt in my mind, these illicit procurement efforts show that Saddam Hussein is very much focused on putting in place the key missing piece from his nuclear weapons program, the ability to produce fissile material.

He also has been busy trying to maintain the other key parts of his nuclear program, particularly his cadre of key nuclear scientists.

It is noteworthy that, over the last 18 months, Saddam Hussein has paid increasing personal attention to Iraqi’s top nuclear scientists, a group that the governmental-controlled press calls openly, his nuclear mujahedeen. He regularly exhorts them and praises their progress. Progress toward what end?

Long ago, the Security Council, this council, required Iraq to halt all nuclear activities of any kind.

Part 8: Prohibited arms systems

Let me talk now about the systems Iraq is developing to deliver weapons of mass destruction, in particular Iraq’s ballistic missiles and unmanned aerial vehicles, UAVs.

First, missiles. We all remember that before the Gulf War Saddam Hussein’s goal was missiles that flew not just hundreds, but thousands of kilometers. He wanted to strike not only his neighbors, but also nations far beyond his borders.

While inspectors destroyed most of the prohibited ballistic missiles, numerous intelligence reports over the past decade, from sources inside Iraq, indicate that Saddam Hussein retains a covert force of up to a few dozen Scud variant ballistic missiles. These are missiles with a range of 650 to 900 kilometers.

We know from intelligence and Iraq’s own admissions that Iraq’s alleged permitted ballistic missiles, the al-Samud II and the al-Fatah , violate the 150-kilometer limit established by this council in Resolution 687. These are prohibited systems.

UNMOVIC has also reported that Iraq has illegally important 380 SA-2 rocket engines. These are likely for use in the al-Samud II. Their import was illegal on three counts. Resolution 687 prohibited all military shipments into Iraq. UNSCOM specifically prohibited use of these engines in surface-to-surface missiles. And finally, as we have just noted, they are for a system that exceeds the150-kilometer range limit.

Worst of all, some of these engines were acquired as late as December — after this council passed Resolution 1441.

What I want you to know today is that Iraq has programs that are intended to produce ballistic missiles that fly over 1,000 kilometers.

One program is pursuing a liquid fuel missile that would be able to fly more than 1,200 kilometers. And you can see from this map, as well as I can, who will be in danger of these missiles.

As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust on the right test stand is five times longer than the one on the left. The one on the left was used for short-range missile. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers.

This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.

Saddam Hussein’s intentions have never changed. He is not developing the missiles for self-defense. These are missiles that Iraq wants in order to project power, to threaten, and to deliver chemical, biological and, if we let him, nuclear warheads.

Now, unmanned aerial vehicles, UAVs.

Iraq has been working on a variety of UAVs for more than a decade. This is just illustrative of what a UAV would look like.

This effort has included attempts to modify for unmanned flight the MiG-21 and with greater success an aircraft called the L-29.

However, Iraq is now concentrating not on these airplanes, but on developing and testing smaller UAVs, such as this.

UAVs are well suited for dispensing chemical and biological weapons.

There is ample evidence that Iraq has dedicated much effort to developing and testing spray devices that could be adapted for UAVs. And of the little that Saddam Hussein told us about UAVs, he has not told the truth. One of these lies is graphically and indisputably demonstrated by intelligence we collected on June 27, last year.

According to Iraq’s December 7 declaration, its UAVs have a range of only 80 kilometers. But we detected one of Iraq’s newest UAVs in a test flight that went 500 kilometers nonstop on autopilot in the race track pattern depicted here.

Not only is this test well in excess of the 150 kilometers that the United Nations permits, the test was left out of Iraq’s December 7th declaration. The UAV was flown around and around and around in a circle. And so, that its 80 kilometer limit really was 500 kilometers unrefueled and on autopilot, violative of all of its obligations under 1441.

The linkages over the past 10 years between Iraq’s UAV program and biological and chemical warfare agents are of deep concern to us.

Iraq could use these small UAVs which have a wingspan of only a few meters to deliver biological agents to its neighbors or if transported, to other countries, including the United States.

My friends, the information I have presented to you about these terrible weapons and about Iraq’s continued flaunting of its obligations under Security Council Resolution 1441 links to a subject I now want to spend a little bit of time on. And that has to do with terrorism.

Part 9: Ties to al Qaeda

Our concern is not just about these illicit weapons. It’s the way that these illicit weapons can be connected to terrorists and terrorist organizations that have no compunction about using such devices against innocent people around the world.

Iraq and terrorism go back decades. Baghdad trains Palestine Liberation Front members in small arms and explosives. Saddam uses the Arab Liberation Front to funnel money to the families of Palestinian suicide bombers in order to prolong the intifada. And it’s no secret that Saddam’s own intelligence service was involved in dozens of attacks or attempted assassinations in the 1990s.

But what I want to bring to your attention today is the potentially much more sinister nexus between Iraq and the al Qaeda terrorist network, a nexus that combines classic terrorist organizations and modern methods of murder. Iraq today harbors a deadly terrorist network headed by Abu Musab Zarqawi, an associate and collaborator of Osama bin Laden and his al Qaeda lieutenants.

Zarqawi, a Palestinian born in Jordan, fought in the Afghan war more than a decade ago. Returning to Afghanistan in 2000, he oversaw a terrorist training camp. One of his specialities and one of the specialties of this camp is poisons. When our coalition ousted the Taliban, the Zarqawi network helped establish another poison and explosive training center camp. And this camp is located in northeastern Iraq.

You see a picture of this camp.

The network is teaching its operatives how to produce ricin and other poisons. Let me remind you how ricin works. Less than a pinch — image a pinch of salt — less than a pinch of ricin, eating just this amount in your food, would cause shock followed by circulatory failure. Death comes within 72 hours and there is no antidote, there is no cure. It is fatal.

Those helping to run this camp are Zarqawi lieutenants operating in northern Kurdish areas outside Saddam Hussein’s controlled Iraq.

But Baghdad has an agent in the most senior levels of the radical organization, Ansar al-Islam, that controls this corner of Iraq. In 2000 this agent offered al Qaeda safe haven in the region. After we swept al Qaeda from Afghanistan, some of its members accepted this safe haven. They remain their today.

Zarqawi’s activities are not confined to this small corner of northeast Iraq. He traveled to Baghdad in May 2002 for medical treatment, staying in the capital of Iraq for two months while he recuperated to fight another day.

During this stay, nearly two dozen extremists converged on Baghdad and established a base of operations there. These al Qaeda affiliates, based in Baghdad, now coordinate the movement of people, money and supplies into and throughout Iraq for his network, and they’ve now been operating freely in the capital for more than eight months.

Iraqi officials deny accusations of ties with al Qaeda. These denials are simply not credible. Last year an al Qaeda associate bragged that the situation in Iraq was, quote, “good,” that Baghdad could be transited quickly.

We know these affiliates are connected to Zarqawi because they remain even today in regular contact with his direct subordinates, including the poison cell plotters, and they are involved in moving more than money and materiel.

Last year, two suspected al Qaeda operatives were arrested crossing from Iraq into Saudi Arabia. They were linked to associates of the Baghdad cell, and one of them received training in Afghanistan on how to use cyanide. From his terrorist network in Iraq, Zarqawi can direct his network in the Middle East and beyond.

We, in the United States, all of us at the State Department, and the Agency for International Development — we all lost a dear friend with the cold-blooded murder of Mr. Lawrence Foley in Amman, Jordan, last October — a despicable act was committed that day. The assassination of an individual whose sole mission was to assist the people of Jordan. The captured assassin says his cell received money and weapons from Zarqawi for that murder.

After the attack, an associate of the assassin left Jordan to go to Iraq to obtain weapons and explosives for further operations. Iraqi officials protest that they are not aware of the whereabouts of Zarqawi or of any of his associates. Again, these protests are not credible. We know of Zarqawi’s activities in Baghdad. I described them earlier.

And now let me add one other fact. We asked a friendly security service to approach Baghdad about extraditing Zarqawi and providing information about him and his close associates. This service contacted Iraqi officials twice, and we passed details that should have made it easy to find Zarqawi. The network remains in Baghdad. Zarqawi still remains at large to come and go.

As my colleagues around this table and as the citizens they represent in Europe know, Zarqawi’s terrorism is not confined to the Middle East. Zarqawi and his network have plotted terrorist actions against countries, including France, Britain, Spain, Italy, Germany and Russia.

According to detainees, Abu Atia, who graduated from Zakawi’s terrorist camp in Afghanistan, tasked at least nine North African extremists in 2001 to travel to Europe to conduct poison and explosive attacks.

Since last year, members of this network have been apprehended in France, Britain, Spain and Italy. By our last count, 116 operatives connected to this global web have been arrested.

The chart you are seeing shows the network in Europe. We know about this European network, and we know about its links to Zarqawi, because the detainee who provided the information about the targets also provided the names of members of the network.

Three of those he identified by name were arrested in France last December. In the apartments of the terrorists, authorities found circuits for explosive devices and a list of ingredients to make toxins.

The detainee who helped piece this together says the plot also targeted Britain. Later evidence, again, proved him right. When the British unearthed a cell there just last month, one British police officer was murdered during the disruption of the cell.

We also know that Zarqawi’s colleagues have been active in the Pankisi Gorge, Georgia and in Chechnya, Russia. The plotting to which they are linked is not mere chatter. Members of Zarqawi’s network say their goal was to kill Russians with toxins.

We are not surprised that Iraq is harboring Zarqawi and his subordinates. This understanding builds on decades long experience with respect to ties between Iraq and al Qaeda.

Going back to the early and mid-1990s, when bin Laden was based in Sudan, an al Qaeda source tells us that Saddam and bin Laden reached an understanding that al Qaeda would no longer support activities against Baghdad. Early al Qaeda ties were forged by secret, high-level intelligence service contacts with al Qaeda, secret Iraqi intelligence high-level contacts with al Qaeda.

We know members of both organizations met repeatedly and have met at least eight times at very senior levels since the early 1990s. In1996, a foreign security service tells us, that bin Laden met with a senior Iraqi intelligence official in Khartoum, and later met the director of the Iraqi intelligence service.

Saddam became more interested as he saw al Qaeda’s appalling attacks. A detained al Qaeda member tells us that Saddam was more willing to assist al Qaeda after the 1998 bombings of our embassies in Kenya and Tanzania. Saddam was also impressed by al Qaeda’s attacks on the USS Cole in Yemen in October 2000.

Iraqis continued to visit bin Laden in his new home in Afghanistan. A senior defector, one of Saddam’s former intelligence chiefs in Europe, says Saddam sent his agents to Afghanistan sometime in the mid-1990s to provide training to al Qaeda members on document forgery.

From the late 1990s until 2001, the Iraqi embassy in Pakistan played the role of liaison to the al Qaeda organization.

Some believe, some claim these contacts do not amount to much.

They say Saddam Hussein’s secular tyranny and al Qaeda’s religious tyranny do not mix. I am not comforted by this thought. Ambition and hatred are enough to bring Iraq and al Qaeda together, enough so al Qaeda could learn how to build more sophisticated bombs and learn how to forge documents, and enough so that al Qaeda could turn to Iraq for help in acquiring expertise on weapons of mass destruction.

And the record of Saddam Hussein’s cooperation with other Islamist terrorist organizations is clear. Hamas, for example, opened an office in Baghdad in 1999, and Iraq has hosted conferences attended by Palestine Islamic Jihad. These groups are at the forefront of sponsoring suicide attacks against Israel.

Al Qaeda continues to have a deep interest in acquiring weapons of mass destruction. As with the story of Zarqawi and his network, I can trace the story of a senior terrorist operative telling how Iraq provided training in these weapons to al Qaeda.

Fortunately, this operative is now detained, and he has told his story. I will relate it to you now as he, himself, described it.

This senior al Qaeda terrorist was responsible for one of al Qaeda’s training camps in Afghanistan.

His information comes firsthand from his personal involvement at senior levels of al Qaeda. He says bin Laden and his top deputy in Afghanistan, deceased al Qaeda leader Mohammed Atef, did not believe that al Qaeda labs in Afghanistan were capable enough to manufacture these chemical or biological agents. They needed to go somewhere else. They had to look outside of Afghanistan for help. Where did they go? Where did they look? They went to Iraq.

The support that (inaudible) describes included Iraq offering chemical or biological weapons training for two al Qaeda associates beginning in December 2000. He says that a militant known as Abu Abdula Al-Iraqi (ph) had been sent to Iraq several times between 1997and 2000 for help in acquiring poisons and gases. Abdula Al-Iraqi (ph) characterized the relationship he forged with Iraqi officials as successful.

Part 10: Conclusion

As I said at the outset, none of this should come as a surprise to any of us. Terrorism has been a tool used by Saddam for decades. Saddam was a supporter of terrorism long before these terrorist networks had a name. And this support continues. The nexus of poisons and terror is new. The nexus of Iraq and terror is old. The combination is lethal.

With this track record, Iraqi denials of supporting terrorism take the place alongside the other Iraqi denials of weapons of mass destruction. It is all a web of lies.

When we confront a regime that harbors ambitions for regional domination, hides weapons of mass destruction and provides haven and active support for terrorists, we are not confronting the past, we are confronting the present. And unless we act, we are confronting an even more frightening future.

My friends, this has been a long and a detailed presentation.

And I thank you for your patience. But there is one more subject that I would like to touch on briefly. And it should be a subject of deep and continuing concern to this council, Saddam Hussein’s violations of human rights.

Underlying all that I have said, underlying all the facts and the patterns of behavior that I have identified as Saddam Hussein’s contempt for the will of this council, his contempt for the truth and most damning of all, his utter contempt for human life. Saddam Hussein’s use of mustard and nerve gas against the Kurds in 1988 was one of the 20th century’s most horrible atrocities; 5,000 men, women and children died.

His campaign against the Kurds from 1987 to ’89 included mass summary executions, disappearances, arbitrary jailing, ethnic cleansing and the destruction of some 2,000 villages. He has also conducted ethnic cleansing against the Shiite Iraqis and the Marsh Arabs whose culture has flourished for more than a millennium. Saddam Hussein’s police state ruthlessly eliminates anyone who dares to dissent. Iraq has more forced disappearance cases than any other country, tens of thousands of people reported missing in the past decade.

Nothing points more clearly to Saddam Hussein’s dangerous intentions and the threat he poses to all of us than his calculated cruelty to his own citizens and to his neighbors. Clearly, Saddam Hussein and his regime will stop at nothing until something stops him.

For more than 20 years, by word and by deed Saddam Hussein has pursued his ambition to dominate Iraq and the broader Middle East using the only means he knows, intimidation, coercion and annihilation of all those who might stand in his way. For Saddam Hussein, possession of the world’s most deadly weapons is the ultimate trump card, the one he most hold to fulfill his ambition.

We know that Saddam Hussein is determined to keep his weapons of mass destruction; he’s determined to make more. Given Saddam Hussein’s history of aggression, given what we know of his grandiose plans, given what we know of his terrorist associations and given his determination to exact revenge on those who oppose him, should we take the risk that he will not some day use these weapons at a time and the place and in the manner of his choosing at a time when the world is in a much weaker position to respond?

The United States will not and cannot run that risk to the American people. Leaving Saddam Hussein in possession of weapons of mass destruction for a few more months or years is not an option, not in a post-September 11th world.

My colleagues, over three months ago this council recognized that Iraq continued to pose a threat to international peace and security, and that Iraq had been and remained in material breach of its disarmament obligations. Today Iraq still poses a threat and Iraq still remains in material breach.

Indeed, by its failure to seize on its one last opportunity to come clean and disarm, Iraq has put itself in deeper material breach and closer to the day when it will face serious consequences for its continued defiance of this council.

My colleagues, we have an obligation to our citizens, we have an obligation to this body to see that our resolutions are complied with. We wrote 1441 not in order to go to war, we wrote 1441 to try to preserve the peace. We wrote 1441 to give Iraq one last chance. Iraq is not so far taking that one last chance.

We must not shrink from whatever is ahead of us. We must not fail in our duty and our responsibility to the citizens of the countries that are represented by this body.

Thank you, Mr. President.

Obama said The Ukraine not Ukraine tsk

Old map of Empire Russe with Russia and the UkraineOn the subject of spinning the debates…

Did you hear about Barack Obama’s horrible gaffe in the first debate?! According to public radio, Obama referred to “The Ukraine” instead of the less diminutive “Ukraine” sans-the. PRI’s The World trotted out tsk-tsks from a Ukrainian-accented expert who derided Obama for his un-PC insensitivity to her country’s post-Soviet independence.

Self-respecting nations don’t require “the” to distinguish them apparently. “The” is only for provinces or regions, the expert explained. The Balkins, the Riviera –I can’t remember her examples. Certainly you wouldn’t say The France, unless you were referring to the ocean liner. How undiplomatic for Obama to malign poor proud “Ukrayina.” The would-be statesman [in evident need of more experience] should come visit, suggested the expert. But the report revealed [Instead] Obama was campaigning in Ohio.

Shall we look into what the Ukrainian expert didn’t explain: why English speakers unconsciously need to add “the” before Ukraine? Is it simply because we used to, when Ukraine was a part of Russia, and then a member of the USSR. But we didn’t say the Georgia, or the Belorusse…

Unless we meant THE Republic of Belarus. But that rule applies to every formal title. Then also we say the United States, we say the UK, and we say the People’s Republic of China. We say the Netherlands, but not the Finland, nor the Afghanistan. We do not add THE to any of the -stan states, which was a Russian suffix meaning “land.” Perhaps as we don’t use THE for nations ending in -land either.

We say the Philippines. We say the the Maldives. There seems to be a pattern related to territories in the plural. So it’s nothing to do with client states but rather collected lands.

As usual, I’ve entertained myself before doing the research.

1. The Ukraine
Is the Ukraine (I can’t help but say it that way) a reference to plural regions? Or is there some other idiomatic pattern which governs usage for English-speakers? The answer turned out to be the former.

Apparentely, Ukrayina is named after the Old East Slavic for “border region.” The Territories of Ukraine were the old Russian empire’s western edge. Perhaps this suggests why Ukrainians want to be considered their own land, and not part of someone else’s.

There, the expert is right. A historically geographical name does not suggest a sovereign nation. The Transvaal, the Yukon, the Sahara, the Midlands on England’s border to Scotland. I think it’s interesting that no US state needs a “the,” compared to their previous incarnations as the Dakota Territories, the Louisiana Purchase, etc.

But to complicate the matter, in the Ukrainian language the word means “country.” Doesn’t it go against their own tongue to eliminate the definite article? To refer to either concept, country or border, requires “the.” At least I know it is so in English. Which is my point here.

Since their independence from the USSR the Ukraine has asserted an identity minus “the.” The distinction is for diplomatic papers. So I’m not sure that international conventions govern how foreign languages bend to suit another’s domestic decree. Germany for example is known by as many names as it has neighbors, and none of them is Deutschland.

How appropriate is it to try to mock Obama for speaking the King’s English, aka English?

Isn’t your interest piqued about other places to which a “the” wants to cling to an earlier vestige? The Ivory Coast would seem to have become an effortless Ivory Coast, maybe because the plurality of “coast” is ambiguous.

2. The Sudan
What about the Sudan versus Sudan? We know it through the English colonials as “the Sudan,” but now the post-colonial English-speaking diplomatic class asserts it’s just Sudan. I can’t help but wonder if there’s some Globalization edict for nation-state nomenclature compliance. Is it for the sake of easier alphabetization?

That reminds me of how China lined up the Olympic participants in the 2008 Opening Ceremonies. Nations were ranked based on how many strokes were required in their Chinese character. American commentators thought viewers would probably consider the order nonsensical. How much sense does it make to require state names to conform to an anglo-file system?

As an aside, is the French “Sud” for South, related to the Arabic “Sudan” for “Blacks?” Both that direction from the then-known world. Not so further aside, the French say “Le Sud” in the same way we use “the” to differentiate the destination from the direction.

In any event, in Arabic, the language of the population of Sudan, the country calls itself “al-Sudan.” Post-9/11 westerners know “al” translates to “the.” That would be Sudan with the “the.”

USA acronyms want Pinon Canyon again

May 8 PSA from the DECAM/NEPA coordinator at the FCPAO:
(Release 08-056)
 
FORT CARSON, COLO.– Part of GTA effort: USA issues NOI to prepare an EIS for bringing IBCT and CAB to USAFC and the PCMS, against the NAA. PUBLIC SCOPING MEETINGS (to hear NAA!) are May 20 in TAD, May 21 in COS (6:30PM Crowne Plaza Hotel) and May 22 in LHX.

Glossary:
PSA -Public Service Announcement
DECAM –Directorate of Environmental Compliance and Management
NEPA –National Environmental Policy Act
FCPAO -Fort Carson Public Affairs Office
GTA –“Grow the Army”
USA -United States Army
NOI -Notice of Intent
EIS -Environmental Impact Statement
IBCT -Infantry Brigade Combat Team (3,900 soldiers)
CAB -Combat Aviation Brigade (2,800 soldiers)
USAFC –United States Army Fort Carson
PCMS –Pinon Canyon Maneuver Site
NAA -No Action Alternative

TAD -Trinidad, Colorado
COS -Colorado Springs
LHX -La Junta (Airport codes)

Wikipedia explains this GWOT acronym:

AWR — (Alpha Whiskey Romeo) Allah’s Waiting Room. When engaged, insurgents have a tendency to flee to the same building (the AWR), at which point the troops radio in an air strike.

April 15 tax protest

Many people will be protesting April 15th. Will you? Non-compliance is key.
 
Why are we paying income taxes to a thoroughly corrupt and malfeasant federal government? Why are we timid and compliant in the face of, and with the daily evidence of, a well funded predatory fascist military state, protecting the profits and property of the wealthy corporate class, closing in all around us and robbing us of our children’s futures?

Should you stop paying income tax? You decide.

The income tax “law” was based on a fraud of a kind of taxation called un-apportioned direct tax that supposedly became legal through the 16th Amendment to the Constitution. But………the Supreme court ruled since 1914, 3 times no less, that the 16th Amendment conferred no new tax of personal income on the individual and changed no existing taxing power or category, nor added a new category (called un-apportioned direct tax) that didn’t exist before the 16th Amendment. That’s the truth of it. Though tax lawyers and CPAs wail and moan that the 16th amendment is what makes us pay taxes. They are ignorant. They are complicit. They do not know the Supreme court rulings. The extent of the governments taxing powers do not include the un-incorporated individual earner. Your earnings are fruits of your labor, not taxable profits or capital gains.

Don’t believe me?

Here I’ve attached, a brief from a man who has put 9 years of his life into researching the lie and is calling the DOJ, certain Congress members and the IRS out on the rug for this deception. You can use the exact same information of the Supreme Court cases to fight this. And when enough of us do, the IRS and the income tax will go away. On personal income anyway………not corporate earnings.

But don’t fall for a “Fair Tax” (30% sales tax) proposal to replace the lost IRS revenue that some in the tax protest movement are pushing. Very regressive tax as the wealthy will avoid it and buy goods offshore or through tax trusts, shelters etc… and the working and middle classes will foot the bill. (The poor would be exempt from it.) But……. point is, we wouldn’t need to replace the revenue if the Feds collected the money transferred away to shelters and off shore accounts by the wealthy elites/corporations, and cut the Pentagons budget by 75%. Including closing most of the bases around the world. Or nationalized our coal, gas, oil and mineral reserves to become the property of all Americans. Citizens in Alaska receive a monthly dividend from their oil! All gold mined in this country becomes the property of 2 giant corporations when it should be all of ours.

Think the rich corporations are paying more in income tax? Of the income tax money collected, the corporations pay approx. 270 bil. Individuals pay approx. 700 bil. Sure there are a lot more individuals than corporations. But the mass of the individuals are working and middle class paying an illegal tax on their labor. And with inflation (crashing dollar value due to lower Fed interest rate and mass infusion of more worthless money into the economy) you’re losing the battle to hold on to any gains.

Are you a W4 refund taxpayer? That is, do you get a refund at the end of the year by claiming withholding? Wouldn’t it make more sense to get your entire paycheck without withholding, thereby your full worth? Lets make the Federal govt. figure out another way. Read the W4 withholding fraud below.

Still feel like paying your personal income taxes? If so, is it because you’re afraid of the IRS? Sure it is. They don’t want you to discover the Supreme court rulings that make the 16th amendment irrelevant. But they know the deception is soon coming to an end.

Check these videos. Tom Cryer, a lawyer in Shreveport, found not guilty of tax evasion recently. Hasn’t filed for 10 years.
http://www.truthattack.org/page4.php

Information from lawmens listserve:
http://groups.yahoo.com/group/national_lawman/join

“The Michigan legislature is now in the process of repealing the state income tax, as they have been informed that the state income tax relies on the federal income tax being properly applied.”

A recent email:

Dear Lawmen and Others: The government has a headache and still it is trying to fool all the people all the time. Read the following:

The Justice Department, on the heels of a split verdict in its tax evasion prosecution of actor Wesley Snipes, is planning a crackdown on the so-called tax protester movement.

The protesters, or tax deniers, assert a constitutional right to avoid federal taxes, relying in part on century-old Supreme Court decisions. Their ranks are growing to include white-collar professionals, and they are costing the government millions in revenue, officials say.

“Too many people succumb to the fallacy, the illusion, that you don’t have to pay any tax under any set of conditions,” said Assistant Attorney General Nathan Hochman, the new head of the Justice Department’s tax division. “That is a growing problem.”

Notice how Mr. Hochman words his statement in an attempt to deceive the public. No one claims that we don’t have to pay any tax under any set of conditions! That is simply deception, lies and deceit. What Mr. Hochman is avoiding saying is that the income tax laws and the constitutional federal taxing powers are entwined into a massive scheme to deceive the American people. Mr. Hochman, we don’t pay you to lie to the American people and subvert our Constitution! The Constitutional taxing power of the federal government is limited to 1) Direct Apportioned taxes, 2) Excises, 3) Duties, and 4) Imposts. There are no other authorized taxing powers of the federal government, as has been stated in numerous Supreme Court rulings.

Mr. Hochman, are you trying to say that precedence law no longer applies if it is good case law and has never been overturned? Are you crazy? Mr. Hochman, where did you get your law degree? From Disney World? Are you trying to say that the Supreme Court of the U.S. did not have the authority to rule on these matters? Are you crazy?

Mr. Hochman, do you know that the Constitution is over 200 years old? Does that mean it is out of date in your eyes? Are you crazy? Are you saying that subject matter jurisdiction does not apply to the cases on income tax?

Mr. Hochman, do you know that the corporate income tax is a tax on the privilege of incorporation, and not a direct tax on the income of the corporation? Do you know that the corporate income tax is an excise tax? Do you know that a direct tax is a tax on the person, property or rights of an individual? Do you know that all direct taxes must be apportioned? Do you know that there has been no direct apportioned tax imposed on the general population since 1861? Do you know that Title 26 does not impose any direct apportioned tax on the general population?

Can you rebut any of these propositions, Mr. Hochman?

And if you find all this hard to believe, then why does 26 USC 7608 limit all enforcement authority of all domestic agents to ATF taxes? Why did the IRS have to stoop to out and out lies and claim that all persons, even private employees of private employers, must have deductions taken from their paychecks under the authority of 26 USC 3401-05? You are a lawyer, Mr. Hochman, and you can perfectly well read the regulations that explain who is an employee and who is not an employee, for the purposes of withholding.

Who are YOU, Mr. Hochman, to presume that your government position entitles you to deceive and defraud the American people? Are you crazy?

Have you ever heard of precedence decisions? Have you read the Anastasoff case of 2000, in which the 8th Circuit stated that the American Courts get their power from precedence? Do you know that? Do you believe that? If you don’t, then you should talk to a psychiatric counselor, not a legal counselor!

Let’s put our slogan out in front of the public so the government cannot suppress the information on direct un-apportioned taxes anymore. The government’s fraudulent claim that the prohibition was overturned by the 16th Amendment, is rebutted by the STEWARD case, 24 years after the 16th Amendment was passed. Nothing has changed that since 1937.The last direct apportioned tax was in 1861.

Everyone should put the slogan on direct taxes on their signature lines. That is the issue.
No direct un-apportioned tax confirmed by the US Supreme Court rulings in CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937)

A recent email:
To make a provable case, just look at the STEWARD case (1937), 24 years after the passage of the 16th Amendment.
“Steward” ruled that the sovereign has the authority to impose 1) Direct Taxes with “apportionment”, 2) Excises, 3) Duties, and 4) Imposts. Then Stewart goes further to state that there are NO other taxing powers, even though there have been many attempts to claim there was another taxing power given to the sovereign. The Court stated that not in a hundred years has there been such a taxing power discovered. All federal taxes must fall into one of the four classes.

The Appeals Judge in my case made a false statement in his ruling. He said that Conces claims that the government cannot levy a tax on individuals and non-incorporated businesses. He is DEAD wrong! I didn’t say that. The Supreme Court said first, that individuals could always be taxed from the very beginning, but if it was a direct tax, it must be apportioned. The last apportioned tax was in 1861.

St Patricks Day denoument chronicled

Council must prevent parade pandemonium
John Weiss INDY editorial, Dec 6
Largest US Civil Disobedience Movement Underway
AfterDowningStreet.org, Dec 6
Ousted protesters unsure of trying luck at St. Patty’s parade
ROCKY MOUNTAIN NEWS, Dec 1
City attorney says prosecution is ‘not in the public interest’
CS GAZETTE, Nov 29

St. Paddy’s Day Two off the hook
CS INDEPENDENT, Nov 29
City Drops Charges Against Last of St Patrick’s Day Protesters
KRCC, Nov 28

The St. Patrick’s Day Two
-After a mistrial, the city decides to retry just a pair

CS INDEPENDENT, Oct 4
Two of St. Patty’s Day Seven Could Be Retried
-Charges dropped for all except Fineron and Verlo

CS INDEPENDENT, Sept 27

UPDATE: The Gazette article is still among the top commented.
Here’s a string of the initial comments, in chronological order:

hmmmmm wrote:
Well this proves that if you break the law, and they did, and complain and whine enough then you can get off. Very disappointed in our DA on this one. quote “When you consider dragging an old woman across the street and not lifting her up, it’s really hard to see how that’s doing nothing wrong,” Verlo said. end quote. When this “old woman” refuses to get up and follow police orders, Yes they did nothing wrong. It’s called the law, and they broke it.
11/28/2007 7:44 PM MST on Gazette.com

csaction wrote:
No part of this trial was ever in the public’s interest and the city prosecutors were the last to see that. Some of the police used excessive force and that ruined their case. The parade rules weren’t applied to everyone equally, and that ruined their case. You aren’t guilty of obstructing the street when the police throw you down in the street. Explaining that you have a permit to march, just like the year before, is NOT failure to disperse. Allowing every politico in town to make a political statement EXCEPT those with a message of peace, is NOT equal protection under the law.

The strangest part of the city’s position, other than the obvious lame claim that they could get a conviction but decided not to, is Ms. Kelly’s apparent distrust of the legal system: “everything the police did was justified and there was probable cause for an arrest, but getting a conviction is another story”.

It is NOT another story IF the police did nothing wrong and there WAS probable cause for an arrest, and that’s ALL been decided by a jury of their peers when they couldn’t prove their case to 6 people in this town.

Is she suggesting that the jury system is wrong or that we, the people, are too stupid to see that the police and city are always right, no matter what they do? Does she think we can’t sit on a jury and decide the ruling based on the evidence, and get it right? The jury already got it right and the city wanted to intimidate the remaining 2 people with the threat of a trial, until the last minute, to stop them from suing for the police brutality, already proven to a jury.
11/28/2007 7:49 PM MST on Gazette.com

mananamaria wrote:
Apparently a jury couldn’t agree anyone broke the law in the first place. As far as I can tell, the threat to file charges against Verlo and Fineron, who both may or may no longer have pending lawsuits against the city and then dropping those is pretty telling. Besides did our finest not learn appropriat compliance tools that avoid the spectecals of dragging old women across a street and flagrantly threateniing people with tasers?
11/28/2007 8:03 PM MST on Gazette.com

jwstrue wrote:
CS, correction–they had a permit to march in a parade, not to interrupt the parade with a demonstration. In addition, Kelly is stating that another trial would be a waste of resources because the outcome would be the same…there is no insuation here.
11/28/2007 8:04 PM MST on Gazette.com

jwstrue wrote:
…insinuation, sorry…
11/28/2007 8:06 PM MST

back2colorado4go wrote:
csaction, you have lost ALL credibility on these boards! And Manawhatever, you do not follow ANY of the facts about this. JWSTrue has it right. These people broke the law, and most people I know of agree that these people needed to be taught that what they did in public was a disgrace! The police PICKED THEM OFF OF THE STREET, and with resistance these people ended up hurting themselves! They are deceptive by lying for the permit and needed to be removed. No one, especially the children there to see the parade, needed to be subjected to these adults acting unruly and not listening to the police! You can protest many other ways without this sick little show! And I agree with the DA in one way though. For the little satisfaction we (the public) would get in prosecuting these people, it is not worth the cost and the publicity it would give these pathetic people in the process! And yes, juries are full of creepy people that let off murderers every day, so it is not so hard to see one that can’t decide this one! These people were LUCKY it was the police that dragged them from the streets after hearing how ticked some parade watchers were at these people when this happened! Way to teach our kids!!!
11/28/2007 8:21 PM MST on Gazette.com
Recommend (4)

jwstrue wrote:
back2colorado4go, thanks for the support. Now we sit back and wait for jtrione to chime in…sometimes I think CS and jtrione are one in the same, maybe??
11/28/2007 8:50 PM MST on Gazette.com

tonytee wrote:
hey post person hummmmmm cops broke the law many times and have not been charged, people sometimes who break the law in history end up being heroes, sometimes the letter of the law is not always correct and golden, sometimes to make a difference in life you must break the law to make the world a better place to live and not not let the law become too powerful in trying to silence free speech.
11/28/2007 8:52 PM MST on Gazette.com
Recommend (2)

pc12784 wrote:
CSaction, with the possibility of people like you in the jury pool, it is entirely reasonable to think that the jury would be too stupid to see that the police and city are right in this case. Your statement about excessive force still baffle me. If you don’t want to be dragged off the street by the police, MOVE when officers give you a lawful order to do so. It’s really quite simple. But JWS and back2colorado pretty much discredited everything you said in this thread anyway, so I rest my case.
11/28/2007 9:18 PM MST on Gazette.com
Recommend (4)

lexiii wrote:
I wish they’d have gone ahead and prosecuted, but the county is trying to save money, and they are basically focusing on more important crimes, I think, which is a good thing.

However, I am not on the side of the protesters here, if there weren’t more important cases that need attention, I’d be screaming and hollering myself right now, but our jails are already over filled and we need the room for more violent offenders.

Even though they’re not going to be prosecuted, the stupid protesters still look stupid in the eyes of the public, that opinion will not change.
11/28/2007 9:37 PM MST on Gazette.com
Recommend (4)

pastor wrote:
one thing I have learned about csaction is he is right and everyone else is wrong. Have anyone every read where he admitted he was wrong and said he was sorry. In his world the peace protest are always right and can do no wrong.
Here is an example of his world view “One more point: look at the list of issues that made the gazette change this blog. ALL rightwing issues. All rightwing hate speech. Vile, putrid, racist, sexist, Fox Noise, Rush Limpboy, dittohead, FotF issues. NONE leftwing.” ”
Mr. Rust, I see you like your peace activists stupid, brain addled, stoned hippies, with no fight in them, passively accepting any abuse from the enemies of the state. Or perhaps you like the theological activists looking for another martyrdom opportunity and willing to help any enemy nail them to the cross. Or perhaps activists that are just too stupid to see hypocrisy in the national (and local) theocracy proponents, or the threat that ALL theocrats represent to the peaceful majority. Sorry to disappoint. (not)” ” The theocratic party that wants to turn this nation into a theocracy, and is the Christian equivalent of an Islamic Republic, are who get criticized, along with the hypocrite, hate monger, adulterer, homophobe, foot tapping bathroom boys, and televangelist funditards. It has nothing to do with the religion and peaceful, loving followers of the Prince of Peace. It has to do with those straying from the message as much as the other Taliban, who want to turn back the clock on progress to created a biblical theocracy. It has to do with those that want to legislate “throwing the first stone”, battling those that want to legislate “thou shalt NOT throw the first stone”. The concept of the protection of targeted groups, is the application of that principle and those against it are NOT Christian, because it is the principle of their lord. BTW, preacher, I won’t cut you as much slack as the other guy. You know exactly what “Christian” Taliban means, you just defend them. I’ve explained this before and will not again.” all of these quotes are from him. FOR SOMEONE WHO BELIEVES CHRISTIAN ARE LIKE THE TALIBAN, WILL ALWAYS DEFEND HIS PEOPLE WHEN THERE ARE WRONG. So I am sure he will blame Christian for his friends getting in trouble, and that all of this is to silence his friends message.
11/28/2007 9:39 PM MST on Gazette.com

pastor wrote:
on the issues of the protester, they now know, if they disobey the police, they can get away with it by yell, that it is all the police fault. An make sure people like csaction spread their lies on line and in the newspaper, this is the normal blame the cops for our behavior.
11/28/2007 9:45 PM MST on Gazette.com

101abn wrote:
Once again, lazy DAs. I rest my case. Prosecuting the prostestors would probably cut in to the time they spend plea bargaining away other cases…
11/28/2007 10:10 PM MST on Gazette.com
Recommend (2)

101abn wrote:
Neva Nolan. Nearly a HUNDRED COUNTS PLEA BARGAINED DOWN TO *TWO*. Did you watch the Channel 11 report on the clown with over a HALF DOZEN DUIs – INCLUDING KILLING A MAN – WHO LOST HIS DRIVER’S LICENSE, LEFT COURT, DROVE TO A LIQUOR STORE AND BOUGHT A BOTTLE OF BOOZE??? ALL FILMED AND CONFIRMED BY CHANNEL 11 NEWS CREWS. Our DAs are a BAD JOKE!
11/28/2007 10:26 PM MST on Gazette.com
Recommend (3)

tonytee wrote:
actually lexiii i do not see the protesters as stupid in the eyes of the public, being one that is in the public i commend them for standing up for what they beleived in and taking it as far as they did, in this country too few people are sheep and will not step out and stand for what they beleive in that is why our country is in the dilemma it is in currently with politicians and fiancially, maybe more people need to step out of the box for what they beleive in instead of letting senior citizens do it for us, but maybe that is the only generation that has any guts left to stand up for something.
11/28/2007 11:50 PM MST

just1voice wrote:
Tony I think you are way off base on that one. Its not that people arent willing to stand up for what they believe in or that they are sheep following the flock. The majority of them do it WITHIN the limits of the law so it doesnt make headlines like these clowns did. Have you gone out and asked the “public” their opinion on what these people did? I have and as Lexi said, they look stupid and will continue to think they are stupid even though they wont be punished for it.
Besides, I can think of several other ways to punish a business owner besides sending him to jail so that is something the public needs to consider.
11/29/2007 7:10 AM MST on Gazette.com

skiracer wrote:
Tony – not sure exactly how you are in the public eye as I have never heard of you outside these boards and can’t find any information on basic internet searches. Someone mentioned on another thread you ran for a public office and lost. With the skewwed view points you have shown throughout the threads on this website and the apparent lack of a marketing plan I can see why.

Maybe the senior citizens in these case were convinced/brainwashed in to thinking they were standing up for a good cause. Heck, my grandmother voted for Clinton the first time around because she thought he was handsome and someone came around to her nursing home and told everyone there what a great guy he was and how his moral standards would help improve their lives in the retirement community.

The problem with what they did is that they lied their way into the protest (privately funded and run) and then refused to leave when organizers asked them to and then police asked them to. Arguing that you have a permit is not leaving. Step to the side of the road and then show your permit. But since it was privately run it doesn’t matter. Your permit can be revoked at anytime at the organizer’s discretion.

As far dragging rather than carrying an old lady across the street. I am going to guess that she was pushing 200 lbs if not more. Has anyone here tried to carry a oddly shaped, limp sack of potatoes weighing this much before. Now add some squirming into the equation and you can see why they dragged this person off the straight. Besides, I would be willing to bet that should she have been carried off we would hear about her injuring either her arms or her ribs.
11/29/2007 7:38 AM MST on Gazette.com

skiracer wrote:
And regardless of the cost, the DA should be prosecuting those who break the law. The problem with our legal system is not that too many people are getting 2nd chances, it’s that too many people never even have to plea bargain or go to court because of lazy prosecutors.

The DA just lost my vote when up for re-election. If you didn’t have enough evidence say so, but to say that you are backing out because you don’t have faith in the system you are supposed to uphold on behalf of the people is a bunch of BS.
11/29/2007 7:41 AM MST on Gazette.com
Recommend (1)

pastor wrote:
The next’s round of the peace protester hand book is to bring a lawsuit against the city and police for false arrest. I hope that everyone who hand entry for parade take notice and when this group try to entry next time, they make it clear to them no anti-war message permitted in the parade. If you bring in you anti-war or peace message (joke because they seem to end up in some type of fight with someone) you will be removed. This will stop them from cause trouble again.
11/29/2007 7:57 AM MST on Gazette.com

iraqwarvet wrote:
I went to war to push peace and democracy on other nations. In this nation, or atleast in this city peace is considered hate speach. This city had no case, thats why they lost and are hanging their heads in defeat.
11/29/2007 7:57 AM MST on Gazette.com

iraqwarvet wrote:
This city is changing, just drive on Fort Carson one day, count how many anti-war, anti-Bush stickers you see on people’s cars. It will shock you. But you people on this blog will probably just call those troops “phoney soldiers” or “anti-americans” or “unpatriotic”. We appreciate that. Thanks for the support. Go when Physical Training (PT) ends at 8:30am, you’ll see these troops in their cars where their PT uniform with with what you people call “propaganda” on their car. I love an America where our troops have the right to free speach, which you call “hate speach”.
11/29/2007 8:03 AM MST on Gazette.com

erniezippreplat wrote:
Break the law get away scott free with the Colorado Springs DA. Whoever run against the current DA next time around gets the five votes in my family
11/29/2007 8:08 AM MST on Gazette.com
Recommend (1)

lexiii wrote:
iraqwarvet, throwing yourself on the pavement during a family event isn’t speech, and it certainly isn’t peace.

If idiots want to stand up for peace, they need to be peaceable about it.

These protesters were no more peaceful than anyone else.

tonytee, the protesters were stupid. They acted like a bunch of tantruming toddlers. Grown men and women throwing themselves down like three year olds in front of little children, no less, because they were asked to leave and they didn’t want to leave.

Not only was that against their own message of peace, it was a bad example for the children concerning adult behavior, and it was completely inappropriate in the first place.

A family event is no place for a war protest, these selfish minded brainless old farts who think they’re still in the sixties need to grow up and find a more appropriate means of communication.

How can they send a message of peace when they, themselves, are not being peaceful?
11/29/2007 8:10 AM MST on Gazette.com
Recommend (1)

smackermack wrote:
GUYS your anger is in the wrong place!! It is the CITY ATTORNEY – not the DA who decided this!!! Read the headline and the first Paragraph of the article!!!
11/29/2007 8:55 AM MST on Gazette.com

pastor wrote:
No one want to silence the peace protesters right to speak, but we believe that there is a time and place for it. An most people believe that the St. Patrick’s Day parade was not the right time and place. Most people also seem to believe that if a cop asked you move you move you do not act like a baby. But I also must remind everyone that the peace protesters hand book, when the police ask you to move you drop an make a scene, so that it is caught on film, the reason is so you can make the police look like the bad guy.

Iragwarvet I have a question for you since you agree with the anti-war groups. Is it ok to block soldier return from the war? Is it ok to delay the soldier meeting with their family? Is it ok to destroy railroad tracks and stop the return of the military equipment from the war?
11/29/2007 8:56 AM MST on Gazette.com

jwstrue wrote:
TONYTEE, taking a stand or speaking out for what you believe in is one thing. Causing a disturbance during a public family event is quite another.

2 other bits:
– This country is in dilemma (according to you) because of corrupt politicians…
– This country is in dilemma (according to you) because of imminent recession…

Neither has anything to do with “stepping out or standing for”.

You wouldn’t happen to be one of the individuals who ran for mayor last term, would you?
11/29/2007 9:02 AM MST on Gazette.com

rambone wrote:
pastor wrote: “No one want to silence the peace protesters right to speak, but we believe that there is a time and place for it. An most people believe that the St. Patrick’s Day parade was not the right time and place.”

Oh, but it was the right time and place for an old pickup to drive in the parade with juveniles in the back, lifting kegs, acting like idiots?

Was it the right time and place for the police to scare the living daylights out of young children as they drug that poor old lady across the street by the back of her shirt?

Were you even there pastor? I was, and it was terrible that these fine police had to act like they were imposing martial law.
11/29/2007 9:11 AM MST on Gazette.com

davidb wrote:
Eric Verlo and Elizabeth Fineron should be prosecuted to the fullest extent of the law. According to their own statements, they intentionally and premeditatedly challenged the police that day. Attorney Kelly, you do NOT speak for the public on this one. Do your job!
11/29/2007 9:20 AM MST on Gazette.com

rambone wrote:
lexiii wrote: “These protesters were no more peaceful than anyone else.”

Were you there lexiii? Or its this just another story you want to weigh in on? I watched the whole thing, from the moment they walked out of Acatia Park, to when they got beat down 1 block away. Their signs were just peace symbols, they were not yelling into the crowd. One more thing, that pig that drug that lady across the street is lucky to be walking on two legs today. Pull off that act in front of my kids is enough to get me sent to prison.
11/29/2007 9:20 AM MST on Gazette.com

jwstrue wrote:
Iraqwarvet, actually if any one in a position of authority sees an active duty soldier driving around with this propaganda displayed on his/her POV–they will more than likely be ordered to remove it and potentially face administrative action.

The Uniform Code of Military Justice prohibits any type of slander against the Commander-in-Chief–in any form or fashion. While military members may disagree with the policies and procedures set forth by the Commander-in-Chief, they are prohibited by law from open criticism of those policies/procedures or the CIC himself.

Yes, military members can exercise freedom of speech–but only accompanied by certain restrictions as outlined in the UCMJ.
11/29/2007 9:22 AM MST on Gazette.com
Recommend (1)

pastor wrote:
So it is ok for these people to act the way they did. So again it is the police fault for doing their job, an the protester are not responsibility for their actions. So when is it ok for the police to move someone who does not listen?
11/29/2007 9:27 AM MST on Gazette.com

lwirbel wrote:
Lexii, you still aren’t describing this event accurately. Some people, like the AIM Indians at Columbus Day in Denver, choose to get arrested and commit civil disobedience by symbolically blockading an event. Verlo and Fineron were parade participants who the parade marshall decided, after the fact, he didn’t want in the parade, who were removed from the parade. The courts have a very mixed record on the right of a parade organizer to set rules, particularly in an ex post facto way. St Patricks Day organizers in Boston and elsewhere have some limited rights to exclude in advance gay and lesbian marchers, but once they’re in a parade, you have only limited rights to take them out. What’s also relevant here is what the courts have said about Apple Computer’s right to define who is a journalist. The company wants to exclude some people in advance because it says, “they’re only bloggers.” The courts say, no, Apple, even if it’s your press conference, you do not have the right to decide who is a legit participant and who is not. The St. Paddy’s Day organizer was really bordering on the edge of legality when he decided to remove folks with peace shirts after allowing Bookman in (and like Rambone said, they weren’t yelling, just marching).
11/29/2007 9:31 AM MST on Gazette.com

pastor wrote:
Rambone if the police tell you to move out of the way, you listen and sort out the problem once you are off the street. You do not act like a little child. Rambone read your past posting you are some one who has a problem with Authorize and police. I was not there but people I know and trust were there an witness the whole thing from start to finished. They witness the police asking them to leave and witness the people not listen to the police officers.
11/29/2007 9:35 AM MST on Gazette.com

skiracer wrote:
Smackermack – My bad on the City Attorney vs the DA. Guess I heard DA used and skipped over the first few lines of the article on my reread after reading other comments. Regardless, the DA’s office should still be looking at this as Colorado Springs is in El Paso County, which is covered in the area he is responsible for. At a minimum a better reason/story/lie needs to be provided to the people of the city regarding why these charges were actually dropped. Saying you have evidence to convict but we are not going to is the same as saying we will chose which laws we are going to enforce.

As for the City Attorney (appointed by our wonderful all knowing and responsible City Council). You should be fired for either lying in your statements to the Gazette or for not upholding the law regardless of cost. If you have enough evidence a crime was committed and the police were correct in their actions you owe it to those of us who follow the law to uphold it as well as to the police officers who just had their name dragged through the mud because you are either a liar or lazy.
11/29/2007 9:36 AM MST on Gazette.com

pastor wrote:
Lwirbel my problem is how they acted once they were told by the police to leave. I do not agree with the message they were bring in the St. Patrick’s Day parade but that is my opion. I feel that there is a time and place for that message and this to me was not the right place. With that said, I still feel they were in the wrong once the police ask them to move out of the way. They had to two choices 1. to move out of the way and sort the mess out. 2. Do not listen to the police and risk getting in trouble. The choices was up to them.
11/29/2007 9:47 AM MST on Gazette.com

justanothervet wrote:
That is right . Every time the police or any authority figure tells you to do something than do it. No protesting allowed. No thinking allowed. Vote Republican.

BTW you can send your Tea Tax to the Queen care of the United Kingdom.
11/29/2007 9:47 AM MST on Gazette.com
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lwirbel wrote:
That’s the main difference between you and me. If there was a huge accident or similar crisis and the police were getting everyone to move, I’d high-tail it. If the police were asking me to do something that was clearly a violation of my rights, I would challenge them and ask for their badge number. Never kowtow to someone simply because they are in uniform.
11/29/2007 9:54 AM MST on Gazette.com

duncan wrote:
lwirbel, from your comments I can only conclude that you had no issue with the Valedictorian from Lewis Palmer giving her speech about faith AFTER deliberately misleading the event organizers about her intentions. Is that correct? Or are you blocking that piece of evidence out to make your case? I guess lies and deceit in the name of a “cause” are complete justification to getting ones message across.

rambone, your internet tough guy act is tired. By your own admission since you watched the whole thing you had your chance with “that pig” and you did nothing. I doubt there would have been any change if your kids were there or not. It sounds like you could have used it as an example to your kids of what not to do when they grow up.
11/29/2007 9:57 AM MST on Gazette.com
Recommend (1)

rambone wrote:
Selective discipline? I had three short paragraphs to you. You chose to only comment on some short sighted belief that the police are the rule makers. These peace activist had the permits to be in that parade.

Act the way they did? You admit you were not there. Last I remember, he told me/she told me wasn’t admitted in a court of law. So why are you even making assumptions?
11/29/2007 10:00 AM MST on Gazette.com

lwirbel wrote:
Duncan, I actually know Erica from Lewis-Palmer and I have mixed emotions about it, I don’t think her case will stand up in court because of those deceptions, though her intention was partially admirable. I think this issue will stand up in a civil-suit court because the marchers were NOT engaged in deception. Bookman has always been an activist bookstore, and no great deception is involved in putting on green T-shirts. What about the Boston parade, if a bookstore known to be lesbian applied to the Catholic group to march, would it be deceptive to somehow have a lesbian sign on that float? I would say no.
11/29/2007 10:05 AM MST on Gazette.com

pastor wrote:
Iwirbel I have no problem with your statement “I would challenge them and ask for their badge number. Never kowtow to someone simply because they are in uniform.” But can you not do this by getting out of the way of everyone else, so that you are not causing a delay in the parade? by doing this are you not listen to the police and showing respect to them and everyone else.
11/29/2007 10:06 AM MST on Gazette.com

jwstrue wrote:
Quick question to someone in the know. What reason did the protesters use to apply for a permit under a business name that had nothing to do with their organization? Or is their organization called The Bookman?
11/29/2007 10:11 AM MST on Gazette.com

obxman wrote:
if the d.a.[could mean anything]had to pay for legal expenses in a failed prosecution,half these jokers would be out of a job.if civilians sue each other without merit,the losing party can be held liable for legal fees…..why not the government?!they don’t have to be right when they arrest you….you just have to be able to afford justice.
11/29/2007 10:33 AM MST

jwstrue wrote:
Come on Rambone…that’s like saying because airplanes crash, I have no respect for pilots and will never fly an airplane…you sound pretty libertarian to me. Perhaps you should relocate to one of those compounds in Montana or Utah. Be careful, you may need these guys some day…

lwirbel, most folks with common sense would not challenge authority while in the midst of a direct order–most folks would follow the appropriate complaint or challenge process. Sounds like you have the same problem as the protesters–there is a time and place for everything. When you are given instruction by a police officer–this is not the time to argue or challenge unless your desire is to be incarcerated. Yes, there are exceptions–but judgement and good sense is everything…
11/29/2007 10:35 AM MST on Gazette.com
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lwirbel wrote:
Jwstrue, Eric has had The Bookman in the parade (and MLK parade, etc.) for several years’ running, usually has a sign about peace on the van, etc. He said something to J&P members a couple days beforehand, saying “Anyone want to be with the float?” Before that time, none of the peace groups had even thought about applying for the parade, whether or not they’d be allowed. The Justice and Peace Commission often has a float in the Christmas parade every year, allowed by the sponsors, usually with an alternative-energy theme, but no one ever thought of applying for some of these other parades.
11/29/2007 10:39 AM MST on Gazette.com

just1voice wrote:
Rambone, ignorance is bliss isnt? Why dont you check the app requirements for applying to be a cop before opening your mouth and making yourself look like more of an idiot. As for the State Trooper, he sure as anything could have made your day a whole lot worse by holding you and calling social services to come and collect your child. Dont think he had the right? Go and find out. Then you could sit here and complain about how he held you againt your will, kidnapped your child and made you look like even worse of a father than you probably are.
11/29/2007 10:41 AM MST on Gazette.com
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jwstrue wrote:
Come on Rambone…that’s like saying because airplanes crash I have no respect for pilots and will never fly…you sound pretty libertarian to me. Perhaps you should relocate to a compound in Montana or Utah. Be careful, you may need these guys some day.

lwirbel, you may have the same problem as the protesters. There is a time and place for everything. Most folks, when instructed by a police officer to take some action, would comply and complain or challenge later. The only thing you will accomplish by direct rebellion is most likely incarceration. True, there are exceptions, but good sense and judgement apply here…
11/29/2007 10:44 AM MST on Gazette.com

just1voice wrote:
Here is the sad part of all of this. Hopefully everyone will live and learn. I guarentee you the parade organizer is amending his rules and regs and next he will not have this problem. I would imagine EVERY parade orgainizer is doing that so it is very unlikely that this “message of peace” they wanted to get out will not be seen again at any function like this. Why would you want someone hell bent on causing problems in your show anyway?
11/29/2007 10:44 AM MST on Gazette.com
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jwstrue wrote:
…sorry, didn’t mean to repeat myself–couldn’t see the first comments
11/29/2007 10:46 AM MST on Gazette.com

jtrione wrote:
(laughing) Some of these comments get so hilarious. Makes for entertaining reading. And, just to clarify JWS, CSAction and I are two different people. I would think our approaches to various topics and our facility with the language would distinguish us in several ways, but, alas, not clear enough.

I cannot comment definitively on the actions that day, as truthfully, I was not there. I do, however, know that the sentiment at the time which drove and continues to drive this debate was that from the early moments of the war, Colorado Springs and our illustrious police department were forever enshrined in history as “Thugs of Intolerance”. We, the citizenry, witnessed the teargassing of peaceful protesters early on in 2003 and made the nightly news across the country for same.

So, I could see why the perception, real or not, existed during this parade event. The message which seemed to come through loud and clear from city government and the police force was “How DARE you liberal freaks question the certitude of our celestially ordained Bush administration and its actions in the world ? We will use EVERY means legal and illegal to keep you silenced.” So, no, all the comments below that those on the right welcome free speech are, frankly, prevarication. Conservatives during this period fell into a mindset that they could shout down or silence any dissent as they claimed to have higher moral authority, e.g. Bill O’Reilly’s infuriating habit of cutting off the microphone of those who disagree. The Gazette’s infuriating habit of editing AP news stories during that time to remove any possible anti-war opinions.

Those who are intellectually HONEST cannot dispute that such a pervasive mentality existed in this country for the last six years. Given that framework, it is not difficult at all to see the anguish from the left at a system which tried strenuously to silence dissent. And, for those on the right who are unable, for a moment, to see the frustration from the left, then, I’m sorry, but you would have to be CLUELESS to forget the Cheney-isms where he called into question the patriotism of those who dared to dissent.

Dunno, gang, hopefully we’re moving in the right direction. Remember, the bulk of the blame for the lack of unanimity toward the war effort falls squarely at the feet of the Loser in Chief who was unable to make a cogent case for military action and failed miserably at being a leader. A “leader” is able to rally people to his cause, not just browbeat them into obeisance. So, yes, maybe these protesters broke the law. I haven’t a clue. But, if they did, don’t they answer to a higher moral authority than some law designed to stifle protests of the left ? I think so. jtrione@mac.com
11/29/2007 10:59 AM MST on Gazette.com

jwstrue wrote:
Thanks Jim for the clarification. I apologize, I was being sarcastic. For those who aren’t familiar, the distinction could be difficult because you both speak in dissertational formats and CS usually follows in support of your views…

Your comments are sometimes pretty hilarious as well…especially when the disdain for Christianity and the liberal arrogance shines through–all in good fun though.
11/29/2007 11:14 AM MST on Gazette.com

pastor wrote:
Hey Jim, how are you today, I would never confuse you with csaction (I know everything) you have always been respectful to me and other. I think you are off base here on this issue. I for one question those in leadership who are against the war,why? for declares we have lost, meeting with out enemies and using those who hate us talking points as their own. Those in political power who support the peace movement have done everything in their power to ensure our solider will lose this war in order to win this next’s elections. I agree that Bush has made mistakes which war time president have not. Right now we have a chance to win this war but instead of backend our troops and giving them the funds and equipment need to fight this war the democrat’s want to withhold money in order to keep theses peace protester happy and to make sure that we do not win this war.
11/29/2007 11:28 AM MST on Gazette.com

pondfrogz wrote:
Wow, it appears I missed quite a conversation. Have a good day all and remember, there’s no problem that a six-pack and a good game on TV can’t cure. Just my meaningless comment of the day before tackling my fiancees chore list from $%*# on my day off.
11/29/2007 11:30 AM MST

turdman wrote:
Rambone-You are as lame as Tony Boy. Whine, Whine, I got stopped and I want to complain because I got caught and it isn’t fair.
11/29/2007 11:32 AM MST on Gazette.com

turdman wrote:
Bottom line in this case is the protestors are cowards. They protested and were legally arrested for violating the law. Then they all complained because they got arrested for again, breaking the law. Now they will sue the city because they believe their rights were violated. This group is really no better than the Westborough Baptist bunch. I hope next year they go to Denver to protest one of their events, so they can get what they really deserve.
11/29/2007 11:39 AM MST on Gazette.com

just1voice wrote:
Rambone dont flatter yourself. It would take a lot more than your couch commando comments to get under my skin. I never said your opinion made you those things. However, your lack of knowledge does. That and endangering your own child, setting a horrible example, and your running your mouth makes you a bad father. Whats wrong did I get under your skin?

No Im not one of them but I would give just about anything to watch you go one on one with the officer that you call “a pig”. Then you could teach you kids something useful, like how not to get your tail whipped.
11/29/2007 11:46 AM MST on Gazette.com

jtrione wrote:
Hey, Pastor Roy. Well, respectfully, I will disagree on some points. How do you equate “protesting” with “wanting to lose the war” ? That seems quite the logical leap to me. And, for the record, I have never taken a position on bringing the troops home early — I’m ex-military and understand the difficult role they are playing which does not fit nicely in “bumpersticker arguments” one way or the other. As one who has worn the uniform, I often cringe at some MoveOn.org statements and positions as shortsighted and limited. But, I realize that we on the left, have our normal centrists and our own “lunatic fringe”. We have to somehow work with both to craft a clear, cogent message.

I, personally, have never seen withdrawal from Iraq as a viable option and agree that a permanent presence of 50K per year is likely for the next few decades. As far as the failures of this administration (arguably in the running for the top five worst since the founding of the republic), there are not enough electrons to waste on these blogs. Yet, what seems more telling to me are the HUGE legions of right-wingers who, TO THIS DAY, support this guy. How many Bush-Cheney stickers do we STILL see on cars here ? It boggles the mind. All I know is that it certainly attaches a ‘stain’ to conservatism that will last for quite some time. For the next few decades, “conservative” will be automatically linked to the policies and actions of the Bush Administration. Nice albatross, guys, heavy enough for ya ?

And, PR, the point of this article was whether or not the protesters were in the right or not. Perhaps, they are reflective of a sentiment, wholly pervasive at the time, now weaning somewhat, that TO EVEN QUESTION the actions of the Bush-Cheney elite was somehow tantamount to disrespect for this nation. “If you’re not with us, you’re with the terrorists.” Who thinks in such puerile, oversimplistic absolutes ? Republicans, that’s who. C’mon, to impugn the patriotism of Senator Max Cleland ? Seriously, how do they look themselves in the mirror in the morning ?

(laughing) I recall a comment at some point during all this when a secular progressive was asked about the disdain toward conservatives, especially religious ones, phrased as “you don’t need them to just be wrong, you need them to be evil”. As wrongheaded and awful as that statement appears, I think it’s dead-on. Perhaps where we liberals lose our footing is when we become unable to see the folks on the other side of the table as loving, compassionate humans who happen to be a bit misguided in their beliefs in our opinion. Maybe if we on the left felt that those on the right were truly championing our rights to hold (in their view) misguided beliefs, then protest incidents like these would be few and far between. But, when we feel that the cards are “stacked against us” by those in power and their representatives (the police), it’s easy to see the animus. jtrione@mac.com
11/29/2007 11:59 AM MST on Gazette.com

pastor wrote:
Can someone please explain to me what this has to do with art.

“Fake mug shots of President Bush, Vice President Cheney and other White House officials are on display at the main branch of the New York City Public Library, and the exhibit has caused quite a commotion.
About six manipulated photographs of members of the Bush administration made to look like mug shots are lining one of the landmark building’s hallways, with each current and former official holding a D.C. police date-of-arrest placard bearing the date they made “incriminating” statements about the war in Iraq, The New York Daily News reported.”

This is an perfect example of what is wrong with the peace movement and those who are against the war.
They love to Forcing their views on people by saying it is one thing and doing something else.
What does this have to do with the above story. The answer is both enter something under a different idea or name, but when there their used it to express a political view.
11/29/2007 11:59 AM MST on Gazette.com

csaction wrote:
Well, the parade arrests are still a hot topic on the ole blog. Where to start? It’s an amazing amount of misinformation but more importantly the correlation to those that would summarily convict us is 100% with those that know nothing about the basic facts. Disagree all you want; you would be amazed at how much I disagree what what was done, but understand this: the neocon tactic of revisionist reality (war is peace) doesn’t work when you want to battle videotape and photos with ill-informed subjective opinions. The city prosecutor couldn’t make that work and neither can you kids.

Glad to see Lexi prove she was the MIA tractor gurlie. Thanx. Glad to see preacher roid make no sense as usual. So on a day of great vindication, I’m glad to see those that hate peace lose a small battle.

To address as much as I have time for: “”whining and complaining” does not defeat prosecutors in court, Evidence does.


Elizabeth and Eric were not “PICKED OFF THE STREET” but pulled off their feet by Paladino, who emmbarrassed the department in 2003 with the “Dairy Queen Dozen” arrests outside the city limits.

http://csaction.org/StPatsDay/31707.html

There was no lie on the permit. We were invited back after walking in the 2006 parade. No subterfuge, and O’Donnell said he had no problem with our message. The problem was with the lie he was told by the same person who lied to police about the permit.
http://csaction.org/StPatsDay/Odonnell.html

David B, all 7 were “prosecuted to the fullest extent of the law” in fact the charges were changed twice to make it easier, but the city didn’t make it’s case, so hung jury, then dropped charges. Patty Kelly is right that the outcome would be the same or they would loose outright with another trial. She wrong that the jury just didn’t get it. They did, except for the wife of the defense contractor who should have been recused at the start.

There are larger community issues of how private is a function held in the middle of Tejon and subsidized 50% for the cost of police? For such “private” events, does the 1st amendment apply, or does a permit void the constitution? If the constitution is voided by “private” events, does that mean our permit the next day, for our 4th anniversary rally mean that we could ban people we don’t agree with from Acacia Park? (like we would want to)
http://csaction.org/31807/31807.html

In the end, when we have become a total fascist state and have no rights left, (while the American equivalent of the Germans in 1938 sleep) you won’t be able to find anyone who will admit they fought those fighting for rights and peace just like you can’t find anyone who will admit they voted for niXXXon.

In the end, this is a great conversation for our city to have and any city in America, because we need to understand our system in it’s superiority and not get in the way of it’s progress in the world. The lack of understanding of how our constitution works is appalling, but this is progress.

I guess we’ll see all of you at the 5pm press conference in front of the courthouse?
11/29/2007 12:00 PM MST on Gazette.com

hmmmmm wrote:
For someone who complains about being lied about, you sure post a lot only when it comes to your ridiculous protest where your people broke the law and got treated accordingly. Your people refused police orders, were subsequently moved, forcibly as you left no other option, after your “old lady” asked several officers what it would take to get arrested, and then appropriately charged. Where is the mis-information in that csaction? Your people are not martyrs, not worthy of anything but contempt. A full video of the incident shows the truth, and as much of a spin as you put on this, your people are still wrong. Next time, don’t expect any nicer treatment when you pull the same stunt.
11/29/2007 12:06 PM MST on Gazette.com
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hmmmmm wrote:
Rambone, are you speaking from experience on the gangbang comment little guy? Sure sounds like it. Maybe the aggressive defense of the police is a direct result of your ridiculous aggressive contempt for them. You opinion is ignorant. Nice racist photo by the way, Mark Fuhrman is still in Idaho if you need a place to move to.
11/29/2007 12:09 PM MST on Gazette.com

coloradogirl wrote:
I am a true believer in that life is just not fair sometimes. Justice does not ALWAYS prevail. I don’t think this was a vindication, just an abandonment of justice in the best interest of the situation.

I applaud the City Attorney for “giving up” so to speak. It’s like arguing over a $700 couch in divorce proceedings. You spend twice that to the attorney’s arguing over it. In the end, it’s just not worth it and the bigger person has to give up. Just like in this situation. The City Attorney didn’t want to waste anymore money on such frugal matters.

I personally was a witness to the groups display at the parade and I’m just as disgusted now as I was then. I wish we could send the protesters over to Iraq and let them protest there. Now THAT would be worth watching….
11/29/2007 12:32 PM MST on Gazette.com
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hmmmmm wrote:
Been here 20+ years, have a BS in computer related fields. I did military work in communications and do this job to defend the good people of my city from people like you. If you like I can send you the links for “aggressive” and “defense” definitions in great big letters and really small words so you can understand.
11/29/2007 12:52 PM MST

turdman wrote:
Rambone-Come on dude just having a little fun! I am just shocked is all. I mean I have never heard a grown man whine like a school girl. If you keep pushing out that lower lip of yours when you pout, you should put some sunscreen on so you don’t get a sunburn.
Can we still be friends?
11/29/2007 12:59 PM MST on Gazette.com
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jeep4fun wrote:
If protestors wish to protest they should apply for a permit through the city as any march is required to. For protestors to ruin what should be a community event for the purpose of enjoyment is simply silly. I believe parade organizers have the right to prohibit those groups (which this was)who wish to disrupt parade proceedings. The police acted appropriately in this instance. I grow tired of seeing idiots place the police department in a bad light due to their poor choices and actions. If you wish to truly disrupt a community event then you have to pay the piper. If you disagree with a particular event or view, request a permit from the city for your own event, but let our citizens truly enjoy the parades provided without divisive and inciteful actions and messages
11/29/2007 12:59 PM MST on Gazette.com

turdman wrote:
Hey Rambone,
Since your not doing very well on this blog today, maybe you can go down to the Gazette Telegraph office and protest this blog. I mean really, we must be violating your rights in some way. Maybe CSACTION can go with you and video tape the whole event. He can can then edit out the truth and you two can have a local TV station air your story. Maybe a lawyer can take your case and you could win millions by suing us. Maybe an officer will drive by and you could sue the city as well.
Justice, isn’t it a beautiful thing.
11/29/2007 1:09 PM MST on Gazette.com

jtrione wrote:
So, Jeep4Fun, what I hear you saying is that some government functionary, probably a conservative Republican appointee, gets to decide who does or does not get to be included in an event for “our citizens” (your words)? Based on what set of criteria ? Who are those “special” citizens ? Thought we all had a right to peaceably assemble or to petition the government for a redress of grievances. Where do you find justification to abridge those rights or place boundaries on them ? Remember, if not expressly enumerated, then those rights reside in the people. Not in you, dear friend, or in local laws designed to limit speech. Talk about “special rights”. 😉
11/29/2007 1:20 PM MST on Gazette.com

jwstrue wrote:
Great points coloradogirl and jeep4fun….
11/29/2007 1:24 PM MST on Gazette.com

lwirbel wrote:
Jeepforfun, what you describe is not what the Constitution intended freedom of speech to mean. There are limits to allowing a soapbox speaker to stand on private property and say something. However, Mike the anti-abortionist has every right to show big pictures of foetuses on public land outside the World Arena, and it doesn’t do any good to say,
“He’s disturbing me because I’m going to see an entertainment event, Cirque de Soleil or Lee Ann Rimes or whatever.” James Madison and those writing the Bill of Rights wanted to make sure that freedom of speech WAS in your face, did NOT require a permit, and was bound to be incendiary and controversial. That’s the only way to protect it. Otherwise, our nation would be a larger version of Singapore.
11/29/2007 1:36 PM MST on Gazette.com

justhefacts wrote:
jtrione- This is not a “free assembly” issue. O’Donnell owns the right to the parade which means, he can deny access if he chooses. If the protesors want to make fools of themselves they can do it from the curb which is protected by the Constitution.
11/29/2007 1:38 PM MST on Gazette.com

pastor wrote:
Jim, I may be wrong, but my understanding on these parade, when you applied for permission to be in the event you must fill out paperwork with what type of display you are going to enter. So if this is the case can not the group in charge make it clear on their paperwork, what type of display is permitted and what type is not? So if this group next’s year make it clear to all involve what will be permitted and what will not be permitted, we may be able to avoide this problem next’s time.
11/29/2007 1:38 PM MST

csaction wrote:
Hmmm, if you are a cop, thank you for your service and sacrifice.

Now, post the video. No one on earth has sifted through this evidence more than I have and I know every second of video and every photo. The lawyers and cops don’t know this evidence better than I do. You don’t need to post 165 videos on YouTube like I have, just 1. The one that shows what you say it shows. Just 1 video. 1 photo. 1 piece of evidence. 1 thing to back up what you say. You all have the same burden of proof as I do, so pony up.
http://youtube.com/profile_videos?user=csaction

Factual correction: Elizabeth asked several officers to arrest her, AFTER being dragged, because she had already gotten the punishment (not by a jury of her peers) but from Paladino, and wanted the rest of her day in court. She knew enough about it to know she had no recourse for the thousands in medical costs without the system’s protection, which she insisted on. (not contempt for the system, but admiration)

Jeep, we followed all rules and got a permit. We paid for a permit the next day in the park, and decided NOT to have our protest rally for the 4th anniversary the same day as the parade, which would have gotten us much more exposure with the thousands downtown. We decided to do both the parade with the peace message, welcomed the year before, and then the protest the next day. (4th year) Separate things with separate intentions. Everyone didn’t participate in both.

We did not make the police look bad and I don’t think the department looks bad. I think we’ve lost the PR battle, not them, and people (other than here) are capable of seeing that a couple of cops going too far does not a department make. The rest did their jobs with respect and professionalism and garnered admiration from us all.

We deal with cops all the time, and for those old gray beards like em, we’re talking 40 years of activism. I admire police, have 1 in my family, 1 was arrested at the parade and 1 testified for us along with photo evidence. I respect the new chief, and I’m pissed about the budget cuts. The rogues hurt the force, the majority are a credit.
11/29/2007 1:41 PM MST on Gazette.com

jwstrue wrote:
Jim, this was a community event–someone has to be in charge or it wouldn’t be an “organized” event. Jeep4fun is merely stating those in charge should have discretionary authority when it comes to eliminating participants who are suspect. In addition this was not the time for an assembly, whether peaceful or not. Compare this to a recent public democratic debate when a heckler became disruptive–was the heckler allowed to remain in the debate audience?

Just the fact this group applied under a separate entity makes them suspicious from the start (my opinion). Some would view this as a sneaky attempt to disrupt the event by attempting to hide their identity from the start.
11/29/2007 1:41 PM MST on Gazette.com

jtrione wrote:
Pastor, Loring said it beautifully when he said that the Framers did not intend for anyone to limit speech. That person, authorizing a placard or not, is, by definition, infringing on the rights of free speech. O’Donnell’s claim that he could restrict displays of “social advocacy” during the parade is the problem. He does not retain any such right.

On public streets, the public can say whatever it wants, tasteful or otherwise. During PrideFest, would it be legal to restrict Phelps and his Westboro Lunatics from marching around with their tacky signs ? Of course not. Did the Nazis march in Skokie during the 70’s ? Heck ya. Freedom comes with a price tag that says “everything you see or hear may or may not offend your sensibilities”. Tough noogies. Deal with it. So, however misplaced an anti-war protest might be during a civic event, it is well within the purview of what the Framers intended. Period. Stylistically is that the best forum ? Well, that’s a question worthy of debate.
11/29/2007 1:46 PM MST on Gazette.com

pastor wrote:
Iwirbel, this may shocked you and other but I am against those who do what do you call it “Mike the anti-abortionist has every right to show big pictures of foetuses on public land outside the World Arena, and it doesn’t do any good to say,” I believe this type of behavior does more wrong then good. I am against those who protest gay event with signs that use the f word or condemn them to hell, I am against those who hold signs calling our soldiers babe killer and such.
11/29/2007 1:55 PM MST on Gazette.com

pastor wrote:
Jim are you telling me that if I show up for the Gay Pride event and want to march down the street with signs that say they need to repent. I have the right to do it and they must let me into the event? I am using this example to get an understand of what you are saying. I was always under the impression that the group in charge off the event has the right to say who can be involved with the event and who can not.
11/29/2007 2:02 PM MST on Gazette.com

justhefacts wrote:
CSACTION-I do not like what you stand for; however, your last post is the most honest thing you have written in a long time. I disagree with you on when Fineron poked and begged the officer to arrest her.
My point is this; The officers were there legally and had ever right to remove Fineron and others from the event. Just because she got dragged across the street does not make it excessive force. Refusing to leave the area after being ordered is a crime and the officers had every right to arrest them. If the city decides not prosecute that is their loss. Obvious the police dept agreed that there was no use of excessive force used by the officers because nobody got disciplined. We all know the police dept disciplines their own people.
The only good thing out of this whole incident is that none of these protestors will even disrupt the parade again. Thay will have to wait for another Palmer Park incident to spew their lies.
11/29/2007 2:03 PM MST on Gazette.com

csaction wrote:
The 2 issues are the heart of the matter. jtrione and lwirbel are correct. Follow the logic path. If the laws of the land don’t apply to a “private” function or property, then I can grow pot across the street from any school where I own property. Of course not. It’s illegal, and my private ownership does not circumvent the law.

Mr. O’Donnell gets the nonprofit (disputed) rate for police protection just like we did, the next day, in Acacia park. Half off. $25 per hour per cop, for 2 at a time, which is $50 per hour.

Acacia Park is public property, andthat designation does not change, when it is rented out for an alloted time. Anyone that disagrees with us about this war (and there are still some) can show up and protest our rally. They usually do. They are always offered water and respect. Our permit does NOT give us the right to say “the 1st amendment of the constitution does not apply for you today, so shut up”. (we, of course, would never even try that)

In the middle of Tejon, closed to the public traffic, for hours, with 46 police subsidized for thousands by the city through the tax payers, Mr. O’Donnell’s permit CANNOT allow him to do what I describe above.

Further, he cannot be allowed to apply his “new and improved” constitutional protections for free speech to ban a message of peace, BUT have military guards, political candidates, political parties, labor unions, and many other political issues raised at the same place at the same time.

I don’t think it’s difficult to see how far this would go if we were to allow it. You either understand the beauty of what the founding fathers did, or you don’t. You have to listen to me disagree with you. The Cost? I have to listen to you. (giggle) It’s a great burden some days, but the nation needs us all to be strong. LOL.
11/29/2007 2:06 PM MST on Gazette.com
Recommend (1)

iraqwarvet wrote:
I love hearing people tell protestor how to protest. Like lexii, telling these people that they must protest a certain way. Or Pastor Roy using a totally different subject to illustrate what he means and making no sense. These are the same people who if they lived back in the 1950’s and 60’s would be hitting and beating the nicely dressed black men sitting at the lunch counters. Lexii tell the truth, you hate freedom? Please leave my country then. I defend the rights of all Americans, while you spit on the constitution.
11/29/2007 2:12 PM MST on Gazette.com
Recommend (1)

justhefacts wrote:
Pastor-The event coordinator can prevent anybody they want from entering their parade, event or gathering as long as they have a permit to close the street. If the protestor’s wants to stand on the street corner and display signs they have the right to do so as long as they are not on private property or impeding veh or ped traffic. Westboro never entered any event, they just stood on the outside and protested.
11/29/2007 2:12 PM MST on Gazette.com

pastor wrote:
OK, If I am holding a parade and I want it to be all about St. Patrick’s Day . An I make it clear no political message permitted, how is that stopping some one’ s1st Admen tent, because I am sure next’s year and maybe the next’s parade in town this will be happen. Why? To ensure we do not have another problem like this.
11/29/2007 2:16 PM MST

iraqwarvet wrote:
Hey Pastor Roy, I’ll help you out. Next Friday night in Manitou Springs, Iraq Veterans Against the War will be putting on a concert at The Ancient Mariner. How about you come down there and walk around the place with your pro-war banners. And Pro-War doesn’t mean Pro-troop. Hold high your “Death to all who are not Christian, White, and American” sign. I promise not to kick you out. And so will all the active duty troops and veterans of this war that will be at the show. Deal?
11/29/2007 2:16 PM MST on Gazette.com
Recommend (1)

jtrione wrote:
And, yes, Pastor, that’s exactly what I’m saying. You have the freedom to walk down Tejon during PrideFest wearing a giant A-frame sign quoting pithy silly verses from some retarded book of allegory talking about how all the other right-wing zealots want to create a permanent second-class citizen status for GLBT people. That’s your right, hon, and many have fought and died for you to exercise that freedom. You might get some perplexed looks, but more likely than not, you’d get propositioned or invited for drinks and a party. Tough noogies. Deal with it. Price of freedom sort of thing.
11/29/2007 2:19 PM MST on Gazette.com
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pastor wrote:
Iragwarvet I reposted this just for you since I had a question for you.
pastor wrote:
No one want to silence the peace protesters right to speak, but we believe that there is a time and place for it. An most people believe that the St. Patrick’s Day parade was not the right time and place. Most people also seem to believe that if a cop asked you move you move you do not act like a baby. But I also must remind everyone that the peace protesters hand book, when the police ask you to move you drop an make a scene, so that it is caught on film, the reason is so you can make the police look like the bad guy.

Iragwarvet I have a question for you since you agree with the anti-war groups. Is it ok to block soldier return from the war? Is it ok to delay the soldier meeting with their family? Is it ok to destroy railroad tracks and stop the return of the military equipment from the war?
11/29/2007 8:56 AM MST on Gazette.com
11/29/2007 2:22 PM MST on Gazette.com

iraqwarvet wrote:
Hey Pastor, I counted 15 anti-war, Anti-bush bumperstickers today just driving through post going from gate 20 to the car wash near the B-street entrance. You should probably call the Post Commander and bring an end to this. But DOD Directive 1344.10 says they can, you know why? Because their Americans.
11/29/2007 2:24 PM MST on Gazette.com

pastor wrote:
Now Jim you last posting was an insult to me why did you have to act that way toward me. I do thank you for your stands .
11/29/2007 2:25 PM MST on Gazette.com

pastor wrote:
Iragwarvet sorry that is my 20th year of marriage dinner to one of most wonderful women in the world. Also I was not the posting about the soldiers getting in trouble. Oh by the way my nices husband had someone put one on his truck at night and he was very upset about it.
11/29/2007 2:28 PM MST on Gazette.com

iraqwarvet wrote:
Pastor Roy, again asking a black or white question. But, I’ll try to answer it for you. No, I don’t think its alright to block troops. So what now? What brillant thing do you have to say now?

Now I have a question for you, did you think black men trying to sit at a all white lunch counter in the late 50’s and early 60’s was a bad way to protest segregation or did they make a point? Maybe you should read Thoreau someday.
11/29/2007 2:30 PM MST on Gazette.com

justhefacts wrote:
CSACTION-Once again your mudding the water. Nobody is talking about your right to protest. You just can’t jump into a parade without permission. If the coordinator, holding the permit, decides they don’t want you to enter their parade they can exclude you from participation. If you choose to stand on the curb and spew then go for it.
If a war vet decided to get up on your stage during your permitted event in the park and take over the microphone he could be arrested. If you, the event coordinator, decided he was not welcome you have that right to exclude him.
Pretty simple stuff.
11/29/2007 2:30 PM MST on Gazette.com

iraqwarvet wrote:
Okay Pastor Roy, since you can’t make it, I’ll invite you to our next tower guard. You can bring your sign then, and its fine with us. Since it would be a good change, only two people actually had a problem with us 2 weeks ago. Or atleast only two people had the balls to come down to Acacia Park and say something. Pastor do you have the balls?
11/29/2007 2:34 PM MST on Gazette.com

iraqwarvet wrote:
Hey justthefacts, I’ll ask you the same question. Shouldn’t the black men in the 1950’s and 60’s been arrested for doing that illegal action of sitting at the white-only lunch counters? You probably think they should have been beating by the police and angry white men, right? Oh wait, thats what did happen…sound familiar?
11/29/2007 2:37 PM MST

justhefacts wrote:
Hey Pastor when you go to the show this weekend don’t forget your “Hillary in 08” poster.They probably wii have quite a few for rent there. You might be able to buy a Hillary shirt from them also.
11/29/2007 2:37 PM MST on Gazette.com

pastor wrote:
They were peace protester who say they have the right of free speech, and that blocked the soldiers coming back from Iraq from seeing their family. As one soldier was quotes as saying “ We all wanted to be the ones to remove these people from our post” These protester destroy the railroad tracks going into the base and the Dem. Governor and Dem. Mayor stopped the police from doing there job and removing these people.
11/29/2007 2:41 PM MST on Gazette.com

justhefacts wrote:
Pastor- Don’t forget your “Hillary in 08” poster when you go to Manitou this weekend. Bring money also, they will be selling Hillary and Bill shirts there.
11/29/2007 2:42 PM MST on Gazette.com

justhefacts wrote:
Vet-pick a fight with somebody else. Your comment has nothing to do with this blog.
11/29/2007 2:45 PM MST on Gazette.com

iraqwarvet wrote:
justthefacts, for your information since we are a 501(c)3 we don’t endorse any candidates, but personally I won’t vote for anyone who voted for this war. Please go read H.J. 114 from Oct. 12, 2002. Senator Clinton voted for it. Can’t do it. And none of us are Democrats. So try not to pigeon hole us
11/29/2007 2:46 PM MST on Gazette.com

iraqwarvet wrote:
Pastor, I read the news. I know what your saying and I didn’t agree with their actions. So what else do you got?
11/29/2007 2:47 PM MST on Gazette.com

pastor wrote:
Oh by the way I drove by the Guard tower that week and I counted about 15 people and that was including the homeless people hang out in the park. So yes I did go by, on both Sat and Sunday during the day and I counted about the same amount of people.
11/29/2007 2:48 PM MST on Gazette.com

iraqwarvet wrote:
justthefacts, haha! can’t answer the question so you run. You are sad.
11/29/2007 2:48 PM MST on Gazette.com

iraqwarvet wrote:
JusttheFacts, why don’t you just show up. Why do you have to get someone else to do your work? I don’t like Hillary and never voted for Bill. I don’t vote for people who use the military as nation-builders. Sound like a current President?
11/29/2007 2:51 PM MST on Gazette.com

pastor wrote:
Justefacts so much for peace love people inside the peace movement, I took it what he was trying to do was pick a fight with everyone who is against the peace movement, By trying to call us raciest.
11/29/2007 2:52 PM MST

pastor wrote:
Justefacts so much for peace love people inside the peace movement, I took it what he was trying to do was pick a fight with everyone who is against the peace movement, By trying to call us raciest.
11/29/2007 2:53 PM MST on Gazette.com

peanuts wrote:
So now it is politically correct to try people, WHAT AN INJUSTICE!
11/29/2007 2:53 PM MST on Gazette.com

iraqwarvet wrote:
JusttheFacts, my comment has nothing to do with this blog? What do you mean by that? Americans protested in the late 50’s and early 60’s by doing something illegal, if you know anything about history, black men sat at lunch-counters in the south which were labeled white-only. They were beaten by both the police and angry white men. It was illegal what these black men were doing. Their is some history for you, since obviously your still in grade school. Now, were the Black men back then justified for what they were doing, or should the white police and white men have continued doing what they were doing? Should the Black men have just been arrested?
11/29/2007 2:55 PM MST on Gazette.com

pastor wrote:
So that would leave FDR, Truman, Eisenhower, Kennedy, Johnson, Nixon, Ford, Bush, Clinton, and Bush. You would not vote for.
11/29/2007 2:57 PM MST on Gazette.com

iraqwarvet wrote:
Pastor, I answered your question, why can’t you or justthefacts answer mine? I’m not saying your a racist, I’m just comparing the non-violent protests of the civil rights movement to what happened here on our streets of Colorado Springs, specifically what you people think is unjustifable behavior, since back then it was also considered unjustifiable behavior by the black men in the south. Whats your opinion?
11/29/2007 3:00 PM MST on Gazette.com

iraqwarvet wrote:
Pastor, again not black and white. I never said I’m anti-all wars. Just this one. Open your mind dude.
11/29/2007 3:02 PM MST on Gazette.com

rambone wrote:
hmmmmm wrote: “Been here 20+ years”

So this gives an implant like you the right to tell native born people like me were to go? I bet I got the California part right.

“BS in computer related fields”

I never heard of that degree. I that like,”I started but transfered when courses got tough”?

“defend the good people of my city from people like you”

Me, with no criminal record, military service, college educated? Yeah right, defend from people like me. Maybe what the people need is to be defended from rouge cops like you.

“for “aggressive” and “defense” definitions”

No thanks, but I would like the definition of the combined words. You know, the way you posted it earlier. Nothing over two syllables please, I don’t have all week for you to spell check.
11/29/2007 3:03 PM MST on Gazette.com
Recommend (1)

iraqwarvet wrote:
Oh yeah, Pastor, I’m only 35. I don’t really remember FDR, Truman, Eisenhower, Kennedy, LBJ, or Nixon (even though I was two when he resigned).
11/29/2007 3:03 PM MST on Gazette.com

pastor wrote:
The issue is we have always been involved in nations building in one form or another.
11/29/2007 3:16 PM MST on Gazette.com

(And this is less than a tenth of it…)

Favorite photos of St Patrick’s Parade

Peace marchers are stopped
The shirts versus the skinheads as child and companion look on

Bookmobile moves up from the rear
Peace marchers catch up

Bringing the bookmobile to a halt
Officer Paladino halts bookmobile, Marshall Pete Page blocks paraders

Putting in the call to parade organizer O Donnell
Parade monitor Dougie Haig phones organizer John O’Donnell

We redouble our call for PEACE
We will not be silenced

Paladino extracts Eric from bookmobile
Paladino enters bookmobile and retrieves Eric by the wrist

Eric taken from the Bookmobile
Eric is subdued by Officer Paladino and co

Esther is told not to interfer
Paladino grabs Esther’s attention

Esther is pulled to the ground
and pulls her to the ground

Taking us down March 17 2007
Paladino releases Esther from arm-bar hold, girls cry

We receive a scolding
Officer Paladino will not tell us his name

Marie asks about our first amendment right
Excessive force officers?

Bystander video shows Elizabeth knocked off her feet
Elizabeth is twisted off her feet

Elizabeth is not exactly carried
Paladino carries Elizabeth off

Elizabeth is dragged past WAR NO MORE banner
without clearing the ground

Molly holds on to her banner
Officer Wrede breaks Molly’s banner and tries to take it

Eric and Molly being led off the street
Molly is led off by the throat

Bill and Frank are apprehended
Bill and Frank are apprehended

St Patricks Day parade t-shirts
Frank is moved using a pain-compliance hold (illegal choke-hold)

Colorado Springs hillbillies
Hillbillies applaud as-

Frank Cordero being held in an illegal choke hold in front of the kids
-their kids get a civics lesson

Officer fires taser as a warning
We are driven off at taser point

The police contigent forgot the theme was green
Men in blue wore wrong color to the parade

Elizabeth is not a happy camper
No dialog

Elizabeth leaves by ambulance
Elizabeth makes her exit

(Photo credit due Mark Lewis, Eric Barker, Kate Holbrook et al.
See all the pictures at www.CSAction.org.)

Tasers in the hands of human nature


I happened upon videos of cops tasering arrestees. Gruesome scenes of obvious sadistic indulgence. Sometimes prolonged and repeated.

While the taser has become a popular tool for the police to deal with uncooperative subjects, it’s hard not to see pure sadism in the guise of standard operating procedure. The police bark their orders (usually, “put your hands behind your back”) and give a warning about using the taser. If still no compliance, zap.

Rather, ZAAAAAAAAAAP. Then the officer repeats his instruction. If the subject is still dealing with the pain, or is disoriented by having fallen, or cannot register the policeman’s command, no matter, ZAAAP again. More howls, more uncomprehending, ZAAAP, ZAAAP, until the officer deems it safe enough to sit on the subject and pull the subject’s hands behind the back himself to apply the handcuffs.

Try laying stomach down on your bed and raising your arms to clasp your hands behind your back. Of course you can do it, but it’s very easy to feel like you cannot. Imagine if you are recovering from the pain of the electroshock, or you’re bruised from hitting the ground, or perhaps you are disoriented from alcohol, as in many of the cases.

While tasers do appear to be reducing our peace officers’ exposure to physical contact with suspected criminals, did we mean to remove the human, humane element of their task? We didn’t hire robots for the job, for example. We probably intended, and we pay police accordingly, to exercise some elbow grease.

The job description for a police officer must include apprehending suspected lawbreakers humanely. We don’t authorize them to shoot suspects or drive Mack trucks into them, even if some law-enforcement researcher was to discover a non-lethal way that could be done.

With tasers, aren’t we touching on the abrogation of the right to due process under law? A person is innocent until proven guilty, we all know that, but it applies here because a person suspected of a crime must not be punished before their day in court. Police maintain that the taser is not a means of punishment, but instead is a non-lethal method to induce compliance with recalcitrant subjects. Putting aside the already numerous taser fatalities, the taser would have to be non-painful as well to comply with the 14th Amendment. Viewing the videos, it’s plain to see that tasers are excruciatingly painful and are being used by policemen as torture devices. Even to threaten to use the device is torture. Torture and the threat of torture is banned by international convention.

I must admit a cynical enjoyment of some of these taser videos. The large majority of subjects not cooperating with the police are drunk. In these videos, they were pulled over for drunk driving or for a domestic disturbance influenced by alcohol. I sympathize with the officers who cannot get through to those people, especially when they are derisive and combative.

The drunks try to avoid the commands they’re given using tactics of delay or distract or abuse. Of course, how much responsibility should they bear for behavior not entirely under their own control? When tasered a drunk writhes in pain like everyone else, but you wonder if he will have any memory of it later. Perhaps this plays a part in an officer’s thinking. The drunk, lost in a chemical state, is suspected of jeopardizing the safety of others, but can be judged on the spot for trying the officer’s patience, the taser becomes a means of instant payback. Traditionally, excessive force would have served this function, but at least the policeman would have had to weigh his interest in exerting the effort. The taser makes it too easy to make the wrong decision.

I wouldn’t trust myself with a taser, I’m too jaded. I already lament the social plague that is alcoholism. There are of course many root problems which our society needs to address. But so also, the alcoholic’s behavior is sometimes vehemently proclaimed to be voluntary. Our having to deal with the adversity and endangerment which alcoholics bring is too often not voluntary. In these videos, I take a vicarious pleasure in stopping that drunk. As long as drunks want to subject the rest of us to their drunkenness, and won’t show contrition until morning, we’ll want to indulge our equal and opposite discomfort and Zap ’em.