Tag Archives: Downtown

Kimya Dawson knows from where protest must burst: At the Seams.

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Kimya Dawson not only nailed the essence of protests for #BlackLivesMatter. She knew in which direction the protest marches needed to push. Toward our system’s seams. If you are having trouble finding the lyrics of her song about HANDS UP DON’T SHOOT I CAN’T BREATH, it’s because it’s called At the Seams.

I’ve taken the liberty to reformat Dawson’s brilliant lyrics to unpack her references and simulate her cadence.

AT THE SEAMS by Kimya Dawson

1.
Left hands hold the leashes
and the right hands hold the torches,
And Grandpas holding shotguns
swing on porch swings hung on porches,
And the Grandmas in their gardens
plant more seeds to cut their losses,
And the poachers,
with the pooches
and the nooses,
preheat crosses.

And the pooches see the Grandpas
and they bare their teeth and growl,
While their owners turn their noses up
like they smell something foul,
And they fumble with their crosses
and they start to mumble curses,
And they plot ways
to get Grandpas
off of porches
into hearses.

But the Grandpas on the porches
are just scarecrows holding toys,
And the Grandmas in the gardens
are papier-mâché decoys,
While the real Grandmas and Grandpas
are with all the girls and boys
Marching downtown to the City Hall
to make a lot of noise,
Saying:

  Hands up. Don’t shoot. I can’t breathe.
  BLACK LIVES MATTER. No justice No Peace.
  I know that we can overcome because I had a dream-
  A dream we tore this racist broken system apart at the seams.

2.
Sometimes it seems like
we’ve reached the end of the road
We’ve seen cops and judges sleep together
wearing long white robes.
And they put their white hoods up,
Try to take the black hoods down,
And they don’t plan on stopping
til we’re all in the ground.

Til we’re dead in the ground
or we’re incarcerated
‘Cause prison’s
a big business form
of enslavement
Plantations that profit
on black folks in cages
They’ll break our backs
and keep the wages.

It’s outrageous that there’s no place
we can feel safe in this nation
Not in our cars, Not at the park,
Not in subway stations,
Not at church, The pool, The store,
Not asking for help,
Not walking down the street,
So we’ve gotta scream and yell:

  Hands up. Don’t shoot. I can’t breathe.
  BLACK LIVES MATTER. No justice No Peace.
  I know that we can overcome because I had a dream-
  A dream we tore this racist broken system apart at the seams.

3.
You tweet me my own lyrics,
Tell me to stop
Letting a few bad apples
ruin the bunch.
Don’t minimize the fight
comparing apples to cops
This is about the orchard’s poisoned roots,
not loose fruits in a box.

Once the soil’s been spoiled,
the whole crop’s corrupt.
That’s why we need the grassroots
working from the ground up.
And we look to Black Twitter,
to stay woke and get some truth,
‘Stead of smiling cops
and black mugshots
from biased corporate news.

‘Cause if you steal cigarillos,
or you sell loose cigarettes,
Or you forget your turn signal,
will they see your skin as a threat?
Will they KILL you, And then SMEAR you,
And COVER IT UP and LIE?
Will they call it “self defense”?
Will they call it “suicide”?

  Hands up. Don’t shoot. I can’t breathe.
  BLACK LIVES MATTER. No justice No Peace.
  I know that we can overcome because I had a dream-
  A dream we tore this racist broken system apart at the seams.

4.
Decades of cultivation start
from tiny seeds that were once planted.
And we mustn’t take the gardens that
our elders grew for granted,
Though it is up to our youth
how new rows sown are organized,
Because movements can’t keep moving
if old and unsharpened eyes
Can’t see the need to hear
what those on the ground hafta say,
In Ferguson and Cleveland,
Staten Island, The East Bay,
Charleston, Phoenix,
Detroit, Sanford Waller,
Seattle, Los Angeles,
Chicago, Baltimore.

Climbing flagpoles, Taking bridges,
Locked together to the BART,
Speaking up about injustice
in our music and our art,
Storming stages to ask candidates
when they’re gonna start
Really DIRECTLY addressing issues
BREAKING OUR HEARTS.

  Hands up. Don’t shoot. I can’t breathe.
  BLACK LIVES MATTER. No justice No Peace.
  I know that we can overcome because I had a dream-
  A dream we tore this racist broken system apart at the seams.

    Hands up. Don’t shoot. I can’t breathe.
    BLACK LIVES MATTER. No justice No Peace.
    I know that we can overcome because I had a dream-
    A dream we tore this racist broken system apart at the seams.

5.
And if the altars are torn down,
we’ll just keep on placing flowers
For the boy whose body was in the road
FOR MORE THAN FOUR HOURS.
We will honor the dead
of every age and every gender
‘Cause we can’t just have it be
the brothers’ names that we remember.

Oh black boys with skateboards,
and black boys with hoodies,
And little black girls who
are on the couch sleeping,
And all of the black trans
women massacred,
Too many black folks killed and brutalized,
And there’s no justice served.

After the lynchings of our people
by the murderous police,
Who stand like hunters ’round their prey
gasping helpless in the street,
Feet from the TEEN SISTER they tackled
and locked handcuffed in the car,
Feet from her TWELVE YEAR OLD BROTHER DYING —

WHILE NO ONE DID CPR…

6.
And we’ll keep on planting flowers,
and we’ll fight until the day
That we don’t have to pick them all
to put them all on graves.
Yeah we’ll keep planting flowers
and we’ll fight until the day
That we don’t have to pick them all
to put them all on graves.

  Hands up. Don’t shoot. I can’t breathe.
  BLACK LIVES MATTER. No justice No Peace.
  I know that we can overcome because I had a dream-
  A dream we tore this racist broken system apart at the seams.

Denver magistrate separates mother from breastfeeding infant. Jail refuses pump, as they do common decency.

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DENVER, COLORADO- A heartbreaking scene unfolded yesterday when Denver Magistrate Kate Boland decided to impose a $10,000 bond on a domestic violence detainee, against the recommendations of the husband (victim), the public defender, and even the city prosecutor, who all wanted the 35-yr-old mother of five released on personal recognizance. Most critical, no consideration was paid to the family’s month-old infant who is breastfeeding. Neither by Boland, nor the downtown detention center, known for its systemic disrespect for the rights and needs of its inmates.

You might not care how poorly criminals or their children are treated, but the inmates of jails are suspects, not convicts. They are unconvicted detainees held on some officer’s probable cause. They’re suspected of a crime, but have a right to a fair trial (under the 6th Amendment) and a right not to be punished before conviction (under the 14th). Depending on who calls 911, they could be YOU.

For those reasons (and the Golden Rule and the social contract), jails have to show a semblance of concern for the still innocent lives disrupted in their care. Denver’s Van Cise-Simonet Detention Center has a famously outlandish record in that regard. Marvin Booker and Michael Marshall are two well known extremes to which Denver sheriffs deputies have disrespected inmates’ lives. A rare survivor, Jamal Hunter, was awarded $3.25 million for beatings he received there. Unfortunately his settlement was contingent on burying the evidence of broader misconduct, thanks Jamal.

Those cases have generated reviews and reforms, but abuses persist. Isn’t it amazing that after repeated court-ordered overhauls, the public could still be told “the detention cenver has no protocols for breastfeeding mothers.”

Magistrate Boland made no allowance for the accused mother to maintain her feedings. After the morning hearing, friends learned the jail didn’t care to accomodate the mother either. That afternoon Baby Thomas became ill and began vomiting, so the father brought the baby to the visitor’s lobby hoping emergency visits could be arranged. The jail said no, though after some persuading, a sergeant agreed to convey a breastpump to the mother if one was supplied. A device was purchased and submitted, but the jail recinded their offer. This time a charge nurse named “Monica” explained she was under no obligation to comply, that she’d called her boss at Denver General who confirmed it. Without a court order, she said, the jail had no further responsibility.

By now activists with Denver Court Support were agitating online about the plight of Baby Thomas. The jail was innundated with telephone calls. The sheriffs cleared the public lobby, cancelled visitations, and put the facility in lockdown in anticipation of a rally.

Nevermind feeding Baby Thomas, release his mother immediately. Activists had raised the monies needed to hire a bondsman to post the bond. The jail was urged to expedite the mother’s release once bond was posted.

Shouldn’t inmates be release when they’ve paid to have their freedom? This is where the Van Cise-Simonet’s disrespect is arbitrary, punitive, and universal. Time to process inmates, either intake or release, takes forever, or just feels like it. Denver’s Van Cise-Simonet Detention Center likes to take a MINIMUM of 11 HOURS for these proceedures.

The pretext for the first delay is “for fingerprints to clear”. Enough time for INTERPOL in Timbuktu to review your prints and give the all clear, because they can’t be expected to be standing at the fax machine at all hours of the day, the jailers explain.

That step is required before a bond can be posted. Once a bond is paid, an inmate’s release requires a second computer delay. Also commonly at least eleven hours. The jailers attribute that wait to “that’s how long the system takes.”

On occasion we’ve seen public pressure result in a shortening of the release time. The upshot is the the release time appears to be at the jail’s whim. In the case of our breastfeeding mother the jail wouldn’t budge.

Worse for Baby Thomas’ mother, someone new to the bonding desk re-initiated the print clearing process instead of terminating it. She had to wait another interminable cycle.

The mother was taken into custody on Monday, her prints cleared by Tuesday morning. After the hearing in Room 2300, where the $10,000 bond was set, the bondsman tried to pay but learned he had to wait. The aforementioned administrative error meant it wouldn’t be before WEDNESDAY morning when her bond could be posted. Everyone is awaiting her release STILL.

As it stands, the mother is supposed to be fitted with an ankle bracelet by 8pm today. That will make it more than 48 hours that she’ll have been in custody. Mothers under stress withheld from feeding infants can stop lactating in less than that time.

The specifics of this domestic violence case are few. A neighbor called the police because the mother was seen holding a knife. The police chose to charge the mother and take her into custody. Who knows what the whole story is. The Denver Court Support activists didn’t get involved to solve the couple’s problems. Because that’s beside the point.

A child shouldn’t have to be harmed while authorities sort this out. An infant deprived of breastmilk suffers a calculable detriment which this magistrate and this jail could minimize, if they cared.

It’s hard to imagine anyone cares at Van Cise-Simonet. The jail is notorious for inedible food and poor health standards. The 23-hour lockdown is standard in all pods. Right now we hear that inmates are sleeping three to four in a cell which has only bunks for two. The one or two extra sleep on the concrete floor. This of course in addition to the litigated sadism of the Denver jailers.

Last night, outside the door of the jail, the Denver sheriffs deputies eventually re-admitted visitors into the lobby at 8pm, but kept the activists outside. Then deputies lined up and started warning the father’s friends to “calm down”. That warning and the posture of the deputies was recognizable to activists –and to many African Americans– as the precursor to the use of tasers. The only option was to leave.

UPDATE: The mother wasn’t able to rejoin her children until 10PM Wednesday. The baby is okay, although no doubt impacted by the interrupted feedings. At a public meeting the next evening to address law enforcement accountability to the community, activists told officials about what happened. They were told by the Denver Sheriff Patrick Firman that the jail DOES HAVE A POLICY to handle breastfeeding and that he was very sorry his employees didn’t know to tell the complainant.

As homeless defendants face camping charges, Denver courts lie to jurors.

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DENVER, COLORADO- Trial began yesterday for three homeless activists charged with violating Denver’s Unauthorized Camping Law. An ordinance enacted in 2012 partly as a coordinated response to Occupy Wall Street encampments across the country, partly to smooth the city’s gentrification plans. Though six years old, the ordinance has escaped judicial scrutiny by DPD’s careful avoidance of citing only homeless victims in no position to fight the charges in court. Deliberate civil disobedience attempts have been thwarted by the city bringing other charges in lieu of the “Urban Camping Ban” for which police threatened arrests. Thus Denver Homeless Out Loud’s coup of at last dragging this sham into the Lindsey Flanigan Courthouse has generated plenty of interest. I counted four print reporters and three municipal court judges in the audience! From a jury pool of forty, city prosecutors were able to reject the many who stated outright they could not condemn the homeless defendants for the mere act of trying to survive. At one point the jury selection process was stymied for an hour trying to fill one remaining alternate seat because each successive candidate would not “check their social values at the door.” One potential juror, a hairdresser, became alarmed that all the sympathetic candidates would be purged and so she refused to say how she felt about the homeless. She was removed and they were. As usual jurors were told it was not their place to decide against enforcing bad law. Only those who agreed were allowed to stay. And of course that’s a lie. The only way bad laws are struck down, besides an act of congress, a please reflect how that near impossibility has spawned its own idiom, is when good jurors search their conscience and stand up for defendants.

For those who might have wanted to get out of jury duty, it was an easy day. Show some humanity, provoke authentic laughter of agreement by declaring “Ain’t no way I’m convicting people for camping.” The jury pool heard that Denver’s definition of camping is “to dwell in place with ANY FORM OF SHELTER” which could be a tent, sleeping bag, blanket, even newspaper.

Several jury candidates stated they had relatives who were homeless. Another suggested it would be an injustice to press charges such as these.

“So this isn’t a case for you” the city lawyer asked.

“This isn’t a case for anyone” the prospective juror exclaimed, to a wave of enthusiam from the jury pool and audience.

Another prospect said she didn’t think this case should be prosecuted. The city attorney then asked, “so you couldn’t be fair?”

“I am being fair” she answered. All of these juror prospects were eliminated.

What remained of the jury pool were citizens who swear to uphold whatever law, however vile. One juror that remained even said she gives the benefit of the doubt to police officers. Not removed.

But there is hope because they couldn’t remove everyone. Of the six that remain, one juror agreed to follow the law, even if it was a law which he knew was wrong. That juror works in the legal cannabis industry. He admits he breaks federal law every day. That law is worng he says, but if he has to, he’ll abide by this one.

He admitted, “I can find them guilty. But I’ll have to live with that guilt for the rest of my life.” Ha. Technically the city had to live with that answer.

Another juror recognized that this case was about more than the three homeless defendants. “This case affects not just these three, but the countless homeless outside” gesturing to the whole of downtown Denver.

4/5 UPDATE:
In closing arguments the city lawyers reminded the jury that they swore to uphold the law. No they didn’t, but we’ll see what verdict emerges. After only a couple minutes from beginning deliberations, a juror emerged with this question: if the defendants are found guilty, can the juror pay their fine?

EPILOG:
Well the City of Denver breathes a sign of relief tonight. By which I mean, Denver’s injustice system, Denver’s cops, Denver’s gentrifiers and ordinary residents who are uncomfortable with sharing their streets with the city’s homeless. Today’s offenders were CONVICTED of violating the ordinance that criminalizes the poor for merely trying to shelter from the elements. Today the police and prosecutors and judge and jury acted as one to deliver a message to Denver homeless: no matter the hour, no matter how cold, pick up your things and move along.

This time it wasn’t a jury of yuppy realtors and business consultants that wiped their feet on homeless defendants. It was a cross section of a jury pool that yesterday looked promising.

Today when the jury entered with their verdict the courtroom audience was able to see which juror had been appointed the jury foreman. The revelation wasn’t comforting. Though not the typically dominating white male, this foreman was a female Air Force officer who had declared during voir dire that she had no greater loyalty than law and order. As the jury pool overflowed that first day with professions of sympathy for the homeless, it was the Air Force office, Juror Number Two, who grabbed the microphone to assert that rule of law must always prevail.

Yes, in the interest of optimism I had glossed over those lesser interesting juror statements, in hope that they were only playing to what prosecutors wanted to hear. Left on the jury was a domineering older woman who had said she gives police officers the benefit of the doubt.

An older man, an organist, whose father had been the CEO of a major Fortune 500 company, actually thought that homeless people should be arrested.

I’ll admit now that everyone’s hopes had been pinned on the pot guy who swore he’d have to live with his guilt forever. And so now it’s come to pass.

When those very small people of the jury go home tonight, and eventually read what they’ve done, upheld Denver’s odious, UN-condemned anti-homeless law, they’re going to figure out that they were made to administer the system’s final blow. And Denver couldn’t have done it without them.

The prosecutor had told the jury in her closing statement, that despite the tragic circumstances, everyone was doing their job, the police, the city attorneys, and the judge, and now the jury was expected to do its job. Except that was another lie. It wasn’t the jury’s “job”. They didn’t enlist and they weren’t paid to be executors of the city’s inhuman injustice machine. Whether by ignorance, poor education, or the courtroom team’s duplicity, this jury chose to do it.

But the ignorance runs deep. Judge Lombardi, in her closing remarks to the defendants, reiterated that all the elements had been proved and that justice was served. She praised the jury’s verdict and explained that the only way they could have found otherwise was through “jury nullification”. She said those words after the jury had been dismissed, but she said them on the record, two words that lawyers and defendants are forbidden to utter. In full Judge Lombardi added “and juries are not allowed to do jury nullification.” As if we all can be misled by that lie.

If it’s illegal for homeless to sit on the ground, take away their benches! The Tattered Cover sweeps its sidewalk.

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DENVER, COLORADO- Homeless sweeps continue in Denver, this round the downtown development authority is sweeping away their furniture. In particular the Wazee-to-Wynkoop block of the 16th Street Mall, in front of the Tattered Cover Bookstore.

Not only was the quiet block popular with Denver homeless, it is the site of Occupy Denver’s friday night feed, the weekly shared community meal hosted at the doorstep of the Tattered Cover in protest of their support of the city’s anti-homeless measures. With the benches gone, there remain no surfaces from which to serve food, nor of course, seating areas to accommodate the homeless community.

Colo. Springs police disperse March 26 anti-imperialism rally because it was easier than listening to socialists

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Colorado Springs Socialists
COLORADO SPRINGS, CO- Local socialists assembled at City Hall on Sunday to “March Against Imperialism”. After a brief march and an half-hour rally while encircled by CSPD, the socialists were informed they were “free to carry on with their assembly” but whoever lingered would be issued a citation for having been in the street. Making no distinction for who had and who hadn’t, the police began handcuffing participants and the couple dozen others quickly dispersed. Five socialists were issued citations for “pedestrian in the highway” and “failure to disperse” while another was arrested and detained for failing to show an ID while filming the police. That person was taken to the downtown police station and held until officers finally informed her of the charges for which she was being cited, after which she identified herself. Throughout her detainment, multiple officers kept up a harassment of questions, refusing her requests that she contact her lawyer. CSPD never issued an order to disperse, a fact that is borne out by witness video. But in effect that is what the officers accomplished. They threatened the legal assembly with citations, for failure to disperse!

CSPD cruiser gunboat diplomacy

It made a funny scene. Around thirty self-declared socialists, blockaded by eight sometimes more CSPD cruisers, in a standoff that lasted until the police lost their patience. Socialists spoke against imperialism, the police officers being their main audience that quiet Sunday downtown. Immediately as the march had ended the police had announced that anyone stepping back into the street would be arrested, and so no one did. But a half-hour of speeches proved too much for the officers to bear and so they interjected again, this time to discuss the problem they had with what had happened earlier. We told those officers they were of course free to discuss such matters individually with whoever they considered a person of interest, BUT AFTERWARD, because they were otherwise interrupting our legal assembly. But the officers persisted in their interruption, deciding after the fact what charges to bring, regardless that they’d forgotten to provide the evidence to back them up. “See you in court” they laughed! We’ve heard that before.

On a serious note. What happened Sunday could have a chilling effect on the nascent kick-ass Colorado Springs Socialists. Unwarranted police attention is an unhappy tradition for socialist organizers, from anarchists to trade unions. Sunday’s denouement confirms all their parents’ worst worries, the folly of declaring yourself to be a socialist in a regressive backwater like Colorado Springs. People were arrested? Handcuffed?! Now you’re on a police watch list! I remember my father’s alarm when he learned his college sophmore had a subscription to Mother Jones Magazine.

Fun as it was, Sunday’s event was essentially uneventful: no altercations, no property damage, not even rhetoric to threaten infrastructure. Minus any media attention, or much of an audience at all on a sleepy Sunday evening, these socialists were determined to parade their dissent where and how those around could see, and reaped more law enforcement than the circumstances required.

While you might say the outcome was predictable, it needn’t have been. Students from the wealthier Colorado College have free range on downtown streets, protesting racism or election outcomes on the street without arrests or citations. Every full moon CC students ride the length of downtown’s main street on bike, skate or skateboard, without even police escort. Sunday’s fledgeling socialist organization is a student club of the UCCS campus. UCCS is more working class, for many a commuter campus, and obviously isn’t shown any deference by city administrators.

Compared to the liberal arts curriculum of Colorado College. UCCS is considered more conservative. UCCS hosts business and military related classes. It even has a Brazil-esque Department of Homeland Security -um- Department. So I think it’s all the more admirable that UCCS has spawned a bonafide socialist group that dwarfs even their school’s Young Republican franchise. I’ve no doubt those socialists I met on Sunday will not be cowed by CSPD’s preemptive aggressions. Hopefully their more timid members will take heart.

Public protests are regularly given use of the streets, which like parks are considered traditional free speech zones. The Tea Party and Occupy took to the streets of Colorado Springs without incurring arrests. More recently people have marched for Black Lives Matter and for solidarity with Native Americans fighting oil pipelines. These have produced zero arrests.

In the meantime it will be important to debrief on what happened and unify the legal strategies. All defendants face the traffic offense of being a pedestrian on the highway [sic] and the misdemeanor of failure to disperse, no doubt tacked on to be a droppable charge as fodder for plea bargains. The recalcitrant videographer faces an added charge of misdemeanor interference for failing to produce her ID. They give her no extra credit for providing a pretext for interrogation because she wouldn’t say zilch without a lawyer present, except to explain where and when they were violating her rights. It used to be that cops had to read us our rights.

Police can issue all the tickets they want when there’s probable cause. They can’t threaten to issue tickets for the solitary purpose of disbanding a legal assembly. In the end, the only socialists who got citations were punished not for being in the street but for standing their ground in front of City Hall.

DPD commander reveals arrest threat is a regular “ploy” to disperse protest

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DENVER, COLORADO- We heard on Friday that US judge William Martinez needed more time to craft an opinion on a temporary injunction of DIA’s enforcement of their free speech permit. He commited to a decision early this week, and frankly we don’t know what to expect. From challenges he posed to attorneys at Wednesday’s hearing, the judge appears to think DIA needs some degree of “notice” about potential disruptions. He is unlikely to rule against the permit altogether because he opened the hearing already proclaiming that DIA is a “not a public forum” and thus has discretion about what expression to allow. DIA can limit subject matter, but not viewpoint, and can constrict assemblies. Judge Martinez’s starting point was based on US Supreme Court precedent set at JFK and Dulles airports, ignoring that both of those facilities are decentralized and lack DIA’s literal public square. Ironically, neither JFK or Dulles attempted to quash their Muslim Ban protests as did DIA. I’d like to mention some other details revealed at the preliminary injunction hearing.

For starters, the person in charge of approving permits has a highy subjective attitude about viewpoint. To him, pro-military messages are not oints of view at all, they’re just patriotic. They don’t require permits. Also, his department hasn’t declined to issue permits. They work with applicants to arrive at accommodations suitable to the airport. For example, the American Islamic Society was recently granted a permit, the airport requires they limit their participant numbers to FOUR.

DPD Commander Tony Lopez explained why he needs advance notice of protest actions, to be able to schedule officers without having to pay short-notice overtime. Lopez revealed that his optimal staffing numbers are a one to one ratio with activists. Small wonder he was demoted to DIA from downtown District Six. Lopez also testified that he often threatens to make arrests “as a ploy” to make a crowd disperse. And “it usually works” he said. A next step is to mobilize his officers to appear to be targeting particular activists, to increase the intimidation, without an actual intention of making arrests, or justifying them. His testimony confirmed what I described to the court, of officers often threatening to arrest us, even when they had no legal basis, and telling us we needed a permit when none was required.

From the attitude of the city attorneys and the DIA personnel, one became uneasily aware that administrators don’t even blink at sacrificing civil liberties for the interests of security. If airport surveillance can’t size you up as either a traveller or meetor-greetor, they can’t predict your behavior and you’ve suddenly become a security risk. Airport customs and TSA lines are already areas inhospitable to personal freedoms. Apparently airport managers would like all their hallways and public centers to be as restricted. If cops had their way, public streets and sidewalks would be single-purpose conduits as well.

We await a federal judge’s ruling for now, with optimism in judgement superior to that of petty administrators, city lawyers and police. Seeking protection from the courts is contigent on the premise that if needed, the wisdom of the US Supreme Court could be brought to bear. Of late it’s hard to regard those justices as the brightest minds or uncorrupted. We have the Citizens United decision as an example. To which I would add, the terrible compromise that airports are not public forums.

As President Trump considers a follow-up executive order to replace his first Muslim Ban now stymied by the courts, it’s interesting to note we just marked the anniversary of FDR’s order to put Japanese-Americans, the “others” of his day, into internment camps. The supreme court of his day upheld his order. Technically that legal precedent still stands.

Denver judge rules BEING HOMELESS IS IRRELEVANT to defendants charged with violating city’s urban camping ban

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DHOL defendants with attorney Jason Flores-Williams
DENVER, COLORADO- A hearing was held today to review motions submitted before the criminal trial of three homeless activists arrested last November for violating Denver’s Urban Camping Ban. Terese Howard, Jerry Burton, and Randy Russel featured in the infamous 2016 video that showed Denver police officers confiscating their sleeping bags and blankets on the snowy steps of city hall. Through attorney Jason Flores-Williams, fellow Denver Homeless Out Loud (DHOL) activists have filed a civil lawsuit to halt the city’s homeless sweeps. In municipal court DHOL hopes to challenge the ordinance being used to harass, displace and imprison the downtown homeless. Already the city’s case appears to be derailing based on developments at the motions hearing. Denver municipal court judge Kerri Lombardi approved all the city’s motions and none for the defense. Lombardi approved the use of 404B evidence for the city, but simultaneously restricted Res Gestae evidence for the defense. In particular, she refused to qualify two experts on homelessness, precluding the accused from arguing a “necessity defense”. Judge Lombardi stated that being homeless was irrelevant to whether they were violating the urban camping ban. When asked to recuse herself, the judge declined, so attorney Flores-Williams declared his intent to file an interlocutory appeal to bump the case to district court. Meanwhile speedy trial was waived and a new court date was set for April 5th.

DHOL’s 2/17 press release:

Yesterday there was a dispositive motions hearing in the Camping Ban criminal cases where homeless and poor people are being charged with crimes for sleeping on the streets with blankets and shelter in Winter. The hearing was noteworthy for the bias and prejudice shown toward Defendants by the Court.

1) At the start of the hearing, prior to any argument, the Judge looked at Defense counsel and said: “The one thing I don’t want is any drama from you, Mr. Flores-Williams.” Defense counsel had never practiced in this court.

2) Without allowing any substantive legal argument, the Court ruled that it was permissible for theProsecution to file a 34-person witness list eight days after the court’s deadline and only two weeks prior to trial.

3) The Court then Excluded all of Defense’s expert witnesses without hearing or testimony, saying that “Homelessness has nothing to do with this case.”

4) The Court then ordered Defense counsel to limit all arguments so that no argument or line of questioning could be construed at trial as an attempt to persuade the jury that the Camping Ban ordinance is itself unjust.

5) At this juncture, defense counsel cited to Fed R. 37(c)and its CO equivalent concerning the prejudice resulting from late disclosure of witnesses. No court response. Defense counsel then quoted from sections from Chambers v. Mississippi, a landmark 1973 civil rights case concerned with due process in which the overall prejudice to defendants becomes so cumulative and egregious that defendants fair trial rights are eviscerated. No response.

6) The Court then took up a Motion from the prosecution that does not exist. A “Res Gestae/404(b) Motion” that wrongfully conflates two different types of evidentiary concepts and underlying analyses. Res Gestae is concerned with the natural narrative of a case. Example: someone robs a liquor store, the fact that they stopped at two bars and to pick up their weapon on the way to the robbery. 404(b)has to do with a very specific set of factors that a defendant leaves at various crime scenes as identifiers. Not to be rude, but the classic example is when serial killer leaves identifiers at numerous crime scenes showing his m.o. The court conflated these two very different legal concepts and construed the “Res Gestae/404b” motion as allowing the prosecution to offer proof of Defendants’ mental states, but not the fact that defendants were homeless. (If this seems like 2+2=5, Wintston, they are….)(The court also disregarded that the motion was filed late and that it was amended without leave of court.)

7) Defense counsel then objected to the fact that the court had asked the prosecution for their jury instructions without asking defense for their jury instructions, and now was reverse injuring the court’s ruling from the prosecutions jury instructions. Objection overruled.

8) Defense counsel made oral motion for the judge to recuse, i.e. that he Judge take herself off the case for bias against defendants. Denied.

9) Defense counsel cited to several cases concerning due process rights, wrongful exclusion of defense witnesses, and the right to fairly address criminal accusations. No response.

10) Defense requested findings of law and fact – none given.

11) Defense counsel asked for a stay of the proceeding to file an interlocutory appeal regarding the court’s rulings.

12) Court stated that interlocutory orders cannot be appealed from municipal court so that none of the court’s decisions are reviewable.

13) Court ruled that the prosecution’s disclosure of 95 police body cameras three days prior to the hearing was permissible, then scolded defense for not reviewing the 95 videos prior to hearing. Defense counsel, concerned that the court would issue sanctions if he responded, had no comment.

We are now seeking an interlocutory appeal of the Court’s rulings.

The trial is scheduled for April 5th, 2017. Mark your calendar.

Two arrested at Colorado Springs bank, asking Wells Fargo to divest from DAPL

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Water Protectors Jerima King and Karyna
COLORADO SPRINGS, COLO- Water Protectors Jerima King (on left) and Karyna Lemus were arrested inside a downtown bank on Friday while trying to convey a message to Wells Fargo Bank to divest its interest in Energy Transfer’s controversial Dakota Access Pipeline. Protesters were denied entry into the Wells Fargo main location but marched to a nearby branch and entered its lobby before police were called. Several dozen Springs activists participated in coordination with protests at Wells Fargo banks across the country.

Protest outside Wells Fargo Bank
The bank doors were locked against the Water Protectors, who’d been asked to act in support of the Standing Rock encampment which is actively trying to block the construction.

Police threatening sitters with arrest
CSPD officers emerge to warn protesters that those who remain seated will be arrested. Before the protest had even begun, a CSPD paddy wagon was parked on the sidewalk next to the bank, to intimidate the activists. Earlier police officers circulated to tell everyone that they’d be allowed to enter, and be arrested if they wish. The police said they’d seen Facebook references to the desire to be arrested. They wanted to know specifics of what to expect to ensure that no one would have to be hurt getting arrested.

When the group tried to enter, the same officers blocked our way. They said “you can’t come in.” When I disagreed and pushed past them, they physically ejected me out the door. Then commanded me to rebove my foot from holding the door ajar.

So much for the pre-arrangements touted by those protesters who’d taken their council. Since there was no gameplan to discuss, meaning there was no way to tell the police what to expect, the police were effectively disseminating the warning that being arrested unpredictably would mean getting hurt. And there was never an intention to allow the demonstrators to enter the bank atrium, no matter how peaceful.

Jerima King and Karyna told they faced arrestThe new CSPD warning was conveyed to Karyna and Jerima. But everyone remained, whether seated or standing.

After a brief rally at the front door. The water protectors discussed visiting a Wells Fargo branch four blocks to the south. Over the bullhorn we feigned disbanding, thanking everyone for joining in, then going to our cars. Except we appeared to have left our cars, all of them, in the same direction. CSPD did not take note and we were able to reach the branch location and enter its lobby.


There was not room enough for everyone in the tiny lobby. Note the bullhorn.


Officers arrest the two water protectors who stayed behind after the bank employees locked the doors.


Water Protector Jerima King is led out in handcuffs.


El Paso County Green Party upstart Karyna Lemus is taken in handcuffs.


Arrestees were taken to CSPD HQ in a police van.

How I nearly got arrested for holding a sign at Denver International Airport

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DIA, COLORADO- Last weekend I joined thousands across the country protesting Trump’s executive order restricting entry visas from seven predominantly Muslim countries. Spontaneous demonstrations had erupted at international airports nationwide on Saturday January 27. Denver’s airport was no exception but the lively gathering of sign holders was ultimately persuaded by police to leave the premises. Supposedly a permit was required to hold signs. Demonstrators the next day were quickly ushered outside, to rally instead between the terminal and adjacent lightrail station, where only a tiny fraction of travelers would see them. This much we knew as we monitored events online while we reconnoitered DIA from the short-term parking garage. We made our way swiftly to the International Arrivals doors at the north end of the main terminal WITH OUR SIGNS.

International Arrivals
The point was to reach immigrants, right? We walked to our intended protest spot unhindered and inconspicuous, because of course signs are not an unusual sight at an airport. Travelers who’ve been a long time away, in particular soldiers returning from deployment, are frequently greeted by family members holding signs. Often limo drivers have to page their corporate clients. We carried our placards with their message facing inward hoping they’d be mistaken for everyday signs. When we raised them above our heads we attracted immediate attention. They read “#NO MUSLIM BAN #NO REGISTRY, END WHITE PATRIARCHY” and “FIRST THEY CAME FOR THE MUSLIMS AND WE SAID: NOT TODAY MOTHERFUCKER.” Immediately a man with a “DIA Operations” cap informed us that we weren’t allowed to hold signs. We assured him the opposite was true. He called for backup.

We weren’t alone in front of International Arrivals. In addition to the families awaiting loved ones, there were a couple dozen law firm employees holding signs which read “Pro Bono Immigration Legal Services”. We surmised that their presence might have already been negotiated with DIA. Soon a couple of those lawyers approached us to announce loudly that the public protest was outside the building and that we could continue there unmolested. We thanked them for their assistance but urged that they also clarify publicly that we were within our rights to stay inside as well. I was upset that their gravitas, as lawyers, was seen as supportive of the authorities telling us to stop.

Police officers arrived in short order, a first one filming us with a digital point-and-shoot, then a second filming with a cell phone, both surely streaming to a command center. After six officers assembled, a sergeant approached us flanked by two DIA employees. She gave us our formal warnings. We were given instructions to “cease and desist” while we countered that we knew our rights. After a second warning we were assured that a third would mean our immediate arrest. We held our signs higher, all the while asserting their order was unlawful. The immigration lawyers huddled as far away from us as they could. Sgt. Virginia Quinones then got on her phone to consult somebody.

I recount this scene like it was a nail-biter, but of course we’ve held this standoff many, many times before. For activists with Occupy Denver, it’s become the routine. I was wearing an OD hoodie on this visit to DIA and I suspected whoever was on the line with Sgt Quinones had likely dealt with OD before. To be honest, this standoff too often does lead to arrest, so we were not proceeding without trepidation. Denver jail is an excreble experience. But it’s an unlawful arrest and that’s where we have to push back. As the sergeant kept talking, she and her entourage retreated. We stood our ground smiling and winked to each other. For onlookers however, the tension lingered. Several lawyers approached us to offer their cards, in case of arrest.

Intimidation
Though we were confident about asserting our rights, the six officers standing at the ready made it near impossible to entice other sign holders to join us. Our encourgements would be followed by the DIA operatives offering their advice to the newcomers. Nearly every newcomer opted to go outside. Only after hours of detente, with officers projecting a more relaxed inattentiveness, did we succeed in building a consensus of demonstrators.

In the meantime DIA operatives installed queue barriers to keep us from intermingling with the lawyers and family members waiting for international travelers. This strategy might also have meant to force us into the flow of passengers entering the nearby security check. We stood clear and even as our numbers grew, no obstruction occured.

One interesting fellow, a Mr. Gene Wells, wore a jacket with a message taped on its back. It read:

“D. TRUMP
IS A SMALL MAN
WHO CONTINUES
TO SHRINK
AS A PERSON”

with the letters diminishing in size every line. He was warned by DIA personnel that he could only wear his jacket outside. DIA operatives wouldn’t leave his side as he walked through the terminal, but abandoned their effort to intimidate him as he rejoined us at the arrivals door.

A couple of travelers joined in before they had to catch a flight, they held signs they’d printed that morning at their AirBnB. We were joined by Quakers and even a former Denver Occupier. At most we numbered eight, compared to the hundred outside.

The protest outside
The protest outside was seen only by those travelers arriving or leaving by light-rail. And potentially by only half of those departing DIA through the B and C terminals, whose security check queue necessitated passing the windows facing the south. Perhaps. Most travelers approaching security aren’t lingering to take in the sights. The other half of passengers departing DIA go through the north security check, or over the walkway to Terminal A.

All arriving passengers, on the other hand, enter the main terminal from the north or using the underground train. They pass through the center of the main terminal before exiting at the baggage claims to the east and west. International arrivals enter the terminal from the north and proceed directly to parking or ground transport. If they are met by family they are very UNlikely to be riding the light-rail to downtown Denver.

While the protest outside did garner local television coverage, it was prevented from reaching immigrants or those awaiting arrivals, to convey the solidarity which those who opposed the Muslim Ban wished to express.

Inside our signs prompted a constant stream of public support. Passing travelers gave us thumbs up, high fives and thank yous. Muslims shook our hands and offered their heartfelt thanks. A couple gentlemen made speeches expressing their pubic appreciation of what we and the lawyers were doing.

Permits
The DIA operatives kept explaining that protesters need only apply for permits. The catch was that they required seven days advance notice. And of course activist do not expect permits to be granted.

One of the Quakers who joined us expressed confidence that her group would be granted a permit to protest at DIA. She explained to me that she was personal friends with the new Denver DA.

I told her applying for permits set a bad precedent. Asking for permission implies those rights are not already protected by the First Amendment. Permits also restrict others to the code of conduct agreed by those who signed permit agreements. Often permits are used to exclude public participation on public grounds temporarily reserved for the use of the permit holder.

Worse, the police can intervene when “others” aren’t abiding by the permit agreement, when they aren’t complying with police intrusion, or aren’t acquiescing to the authority of the permit holder.

Never the less, this Quaker wanted to inform me that as the anticipated holder of the permit at DIA, she wished to invite me to participate with her group. However, she anticipated that her church colleagues would be made most uncomfortable by my sign (which ended with the word “motherfucker”). So if I did choose to join, she was expressing her preference that I not bring my sign.

Shadoe Garner jailed because Denver police fear the homeless Dirty Kids.

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DENVER, COLORADO- Credit Shadoe Garner and his fellow Dirty Kids for Denver’s current police crackdown on the downtown homeless. Credit might not be the word you choose, because the consequences have been disastrous for those living and panhandling on the street, but the homeless teens known by their community as the “dirty kids” were the first to stand up against the abuse. They refused to abide being commanded to stand when they needed to sit, or make themselves scarce on public property.

In May 2016 a dozen were arrested defying Denver’s sit-lie ordinance, to test the law’s constitutionality, but DPD found other infractions with which to charge them. Shadoe was jailed for possession of an illegal weapon, but the pretext for taking him in was even more contrived.

As a Wiccan druid, Shadoe carries a ritual dagger called an Athame. He wasn’t threateding anyone with it, but a second stop and frisk revealed a repeat offense, so now Shadoe’s bond is set at $10,000, beyond what any homeless person can raise. The pretext for Shadoe Garner’s arrest wasn’t the weapon, but a charge of LITTERING.

On the third day of their sit-in protest at the 16th Street Mall, Shadoe was trying to serve District Six Commander Tony Lopez with notice of a federal suit being filed against the DPD by 27 homeless complainants, for their continued harassment downtown. Though Garner informed Lopez that he was a contracted process server, Commander Lopez refused to take the 11 page document. When Shadoe dropped it at his feet, Commander Lopez gave the order to have Shadoe arrested.

Shadoe appears in court on Thursday, August 11, in division 3F of the Lindsey Flanigan Courthouse. Shadoe will be brought into the courtroom in shackles and will likely be represented only by a public defender.

Mistakenly released DPD After Action Report reveals 27 officers on “shadow operations” at Denver 100 Mask March

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DENVER, COLORADO- Hidden deep in the evidence against one of nine protesters arrested at last year’s Guy Fawkes’ Day march in Denver, was an “AFTER ACTION REPORT” never encountered before in discovery evidence available to previous Denver activism defendants. This report has provided the first public mention of “Shadow Teams” deployed on “Shadow Operations” against peaceful demonstrators. Most remarkable was that 27 officers were mobilized for shadow operations, among a total of 169, clocking a total of 1379 man hours, against a rally and march that numbered “around 100” at its peak, to quote the report.

The report was presented to Denver municipal judge Beth Faragher on Monday before the trial of one of the Anonymous arrestees. The judge was asked why discovery evidence didn’t include reports from the “Shadow Teams” detailing, for example, what their shadow operations were. Judge Faragher agreed to continue the trial until September to allow city attorneys to come up with some answers.

One defendant’s lawyer was also provided the Denver Police Department’s Crowd Management Manual, an earlier edition of which was leaked last year by Denver’s Unicorn Riot. The current manual does not differ on this subject and defines Shadow Team as: “A team of officers assigned to identify Persons of Interest as being involved in possible criminal activity based on Reasonable Suspicion.”

There is no disagreement that shadow operations involve undercover officers following targeted activists. The question is what were they doing to maintain their cover? You can’t surveil moving marches from under storefront awnings or hotel windows. To mingle with protesters who have to march with them. To ingratiate yourself with hosts you have to participate. To impress leaders you have to delegate. So what actions were the shadow offices mimicking?

The title “Million Mask March” means to aggregate all the actions across the world demonstrating on Guy Fawkes’ Day, every 5th of November. Individual marches are ridiculed for being mere fractions of a million, in Denver for example, marshalling only a hundred or so. Now, even more humiliating for Denver may be the revelation that up to a quarter of the marchers were undercover cops.

Denver activists are accustomed to infiltrators, such have been photographed and outed regularly, but 27 officers operating in “shadow teams” is news. It may rewrite the last several years of arrest incidents. Arrests of Denver protesters have appeared sporatic and haphazard. Now it seems the targeting may have been restricted to actual protesters, because their shadow companions were not arrestible, by virtue of being cops.

Although Shadow Teams are mentioned in the DPD manual, this After Action Report is the first to itemize their deployment.

Here’s the command structure which list the names of three officers whom lawyers may be able to depose: a Commander Fountain, Lieutenant Mitchell, and Lieutenant Jimenez. Defense lawyers are now considering deposing these officers to learn more about what their operations entail.

Unfortunately the narrative provided in the 4-page after action report does not detail the “shadow” activity. It does however mention the number of anonymous activists which Denver was mobilizing against. From 20 building up to 100 tops. Here’s the full narrative:

Denver Police Department AFTER ACTION REPORT

NARRATIVE OF INCIDENT (Chronological log, if applicable, to be attached)

On 11-05-2015 members of the Denver Police Department were assigned to various locations throughout downtown Denver to monitor the Million Mask March. Response personnel consisted primarily of District SCAT teams, DMU, Metro/Swat and Gang Bureau officers. The MAP Team was staged at 14th and Delaware to facilitate arrest processing. On-duty traffic resources and DPD special units assisted as well. District Six Commander Tony Lopez acted as the Operations Chief and managed activity in the field. The Command Post was maintained at the Denver Crime Lab with representatives from RTD, DSD, DFD, CSP and DHPD.

By 1130 hours about 10 protestors gathered in the 1400 block of Lincoln on the west side of the Capitol. The participants were primarily dressed in black clothing and many were wearing masks. By 1245 hours the crowd grew to over 40 people. They demonstrated peacefully by holding signs and banners. On November 4th the protest group announced a planned march between the hours of 4 – 5 pm. The morning crowds and noon marches that took place in 2013 and 2014 did not occur this year.

Afternoon March

At 1420 hours some group members were observed making signs with spray paint. By 1545 the crowd grew to around 60. At 1640 hours Sergeant Cervera 680 contacted security at the World Trade Center (1625-1675 Broadway) in anticipation of protest activity there (Ben Buthe 720-499-2292 or CP 303-595-7049). DPD was advised that the WTC Plaza closes at 1800 hours.

At approximately 1650 hours officers contacted occupants of a suspicious dark truck NY GMY4295 parked on the elevated lot just east of DPD HQ (1400 blk of Cherokee). The incident checked clear.

At 1700 hours, two individuals wearing Guy Fawkes masks were observed walking southbound in the 1300 block of Delaware and then eastbound on W. 13th Avenue past the south side of DPD HQ.

At 1704 hours the group left northbound on Lincoln from the Capitol. They turned left on the 16th Street Mall but appeared to stay on the east sidewalk. The group turned south on Court Place but quickly crossed the street and walked back toward the Mall. At 1714 hours, some members walked in the street upon being encouraged by an individual with a bullhorn. This action interrupted the RTD Shuttle Service. The entire group then continued their march by walking down the center of the Mall. The Federal Reserve Security office was notified.

At 1725 hours the group rallied a short time at Stout Street and then turned around to march back toward Broadway. They turned west on California and walked toward 15th Street, where they remained on the sidewalk. The group turned right on 15th Street and started an unpermitted march in the street shortly thereafter. DMU officers responded to encourage the protestors back on the sidewalk. Verbal orders were given as well.

The group turned east on Stout and then north on the 16th Street Mall. They rallied for a short time at the Federal Reserve Building at 16th and Arapahoe and then continued northbound on the Mall. The group appeared to number around 100 at this time.

At 1750 hours the demonstrators turned right on Lawrence and marched primarily on the sidewalk toward 17th Street. They stopped momentarily midblock in front of the Westin Hotel then continued outbound on Lawrence. The group turned south on 18th Street where some of the members walked in the street. At 1757 hours, most of the crowd began an unpermitted march in the street 1700 block of Arapahoe. Demonstrators were advised to get out of the street and back on the sidewalk. After refusals to comply, four parties were arrested for the continued violations. Traffic officers diverted vehicular traffic at 18th Street for safety and opened the street at 1805 hours. At 1803 hours a female victim contacted 724A Officer Gates and stated she was assaulted by one of the protestors. District 6 officers were dispatched for the report and an ambulance was called.

The demonstrators continued their march on the sidewalk on Arapahoe toward 16th Street, then turned left on the Mall. They turned west on Curtis and marched across 15th to 14th Street. At 1817 hours an individual wearing a grey backpack with a metal baton attached to the back appeared to be trying to incite a disturbance. The group turned south on 14th and walked toward Champa where they stopped and blocked traffic. At 1820 hours a white male wearing all black with a military-type vest and carrying a backpack with white lettering was advised by police to get out of the street at 14th and Champa.

At 1825 hours the group continued to march south on 14th Street. They crossed California, Welton and Glenarm and then turned east on Tremont. At 1835 hours some members attempted to march in the streets again at 15th and Tremont. DMU officers once again responded to order and marshal the violators back on the sidewalk. The group continued south on 15th Street toward Colfax Avenue. The group marched unpermitted in the streets again on Colfax Avenue eastbound toward Broadway.

At 1844 hours a protestor pushed over DPD Lieutenant Mike Wyatt and bicycle officer Tab Davis at Colfax and Broadway. The suspect was arrested shortly thereafter. A second arrest was made after an individual attempted to “unarrest” the first suspect. At 1858 hours Sergeant Horton reported a felony drug arrest. Once again, traffic and DMU personnel assisted with traffic control in order to maintain a safe environment. Two additional protestors were arrested for disobedience. The protestors ultimately gathered back at the State Capitol and dissipated by around 1930 hours.

Throughout the afternoon and evening, multiple announcements were made by police for the demonstrators to get out of the street. Three Use of Force reports were completed in association with the arrests and three officers suffered injuries. One of the three officers (Cash) was transported to DHMC with a knee injury related to an arrest. Except for those officers involved in an arrest, all units were released by 2000 hours.

Sorry Rage, Trump Ain’t the Machine

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Immortan DonaldThere’s news from Cleveland, about to host the 2016 RNC Republican National Convention. Rage Against the Machine is planning a reprise of the show they PUT ON for DNC 2008 where they harnessed teen angst against America’s dystopian future (thus against its corporate party conventions) but FOR Barack Obama.

In 2008 the House of Bush was already falling. Now it’s 2016 and this time Immortan Joe is the ascendant Donald Trump apparently. Because Trump is a thought-criminal and troll racist, it seems that all pop, sub, and call-out culture agents agree that the next US president must not be Trump. I find it not in the least ironic that the machine thinks so too.

Rage Against the Machine’s Tom Morello is scheduling an encore performance of Denver’s DNC 2008, another counter-subversive star turn for the Democratic Party. In 2008 Rage quelled unrest to smooth the reception for Change Double-Agent Barack Obama. The corporate TM Rebels want to do the same for Hillary, this time directing their indignation at social injustice provocateur Donald Trump.


In 2008, Rage harnessed teen and counterculture angst and hitched it tightly to a stake in the mosh pit, a political assembly agitated but meant to go nowhere. Rage threw a free performance which drew thousands from the streets, as if a Rage concert memory would match the excitement of a protested convention. Of course those who were waylaid will never know. Even seasoned activists fell for the lure because Rage promised afterward to lead their stadium audience straight to the Pepsi Center to confront Obama and the DNC.


Not what happened. RAGE appointed Iraq Veterans Against the War as their favored antiwar agitants, whose MO has always been commemorative not rebellious, crowd participation encouraged only under a strict chain of cammand. With the IVAW, Rage members led the audience on stations of the cross “march” across downtown Denver exhausting protest energy and converting participants into spectators. It looks like Morello intends to do the same thing for Cleveland.

And I have no doubt they’ll succeed. Already social justice movements are feeding the trolls as if Donald Trump wasn’t merely another Westboro blowhard. Radicals from Antifas to Zapatistas think Trump is the face of US Fascism and must be stopped. Trump does spout ignorance and racism, though he hasn’t bombed or executed anyone. Does Trump embolden American racists and zenophobes or is that the machine’s framing?

Must Trump’s idiocies be rebutted? Must, for example, the Westboro Baptist Church be counterprotested? Normally everyone gets the wisdom of not feeding the trolls.

Denver art student informs Tale of Two Hoodies with Goya’s Third of May 1808. This KKK cop executes the black child.

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A Tale of Two Hoodies
DENVER, COLORADO- Here’s what the Denver Post article didn’t explain about the Denver high school art student who was pressured to remove her controversial piece from public display. Where was it being shown? At the Wellington Webb Building. That’s not irrelevant because it’s where viewers became offended. You could go inquire about the incident, if you knew where to ask, or where to protest the work’s removal. The WELLINGTON WEBB BUILDING downtown on Colfax. What’s so controversial, the scene is real isn’t it? There’s more.

The student’s drawing is essentially a reproduction of Michael D’Antuono’s 2014 piece “A Tale of Two Hoodies” which still sparks outrage. Missing in this version is the bag of Skittles which the black child offers the cop, locking the two figures in a standoff. Or obviously a mugging. The Skittles of course recalls Trayvon Martin and we know how that ended. The hands in the air references “Hands Up Don’t Shoot” and Michael Brown who shared the same fate.

Original 2014 workAll else about the Denver student’s contextualization of D’Antuono’s work is the same, the confederate flag uncovered from beneath the wallpaper of Old Glory. In the student’s piece the American flag appears worn through. In D’Ontuono’s original the racist flag has bursted through. The cop and hood are the same, except in the original the cop was maybe more fat.

What’s also missing in the DenPo whitewash is the context of the unamed student’s assignment. She was tasked with contextualizing TWO works. The influence of the second piece is not as apparent as the first. The boy’s hands-up wasn’t merely recalling the mantra of the Black Lives Matter movement, it was evoking the student’s other chosen influence, Goya’s famous “The Third of May 1808.” In that iconic work, a firing squad is executing a rebel with outstretched arms.

KNOWING THIS, you can see the student’s policeman has drawn his gun for an EXECUTION, not an arrest. The boy is not following an order or raising his hands in surrender. If even in resignation, this boy’s upheld arms communicate a plea. How does that inform you about this young Denver student’s understanding of “Hands Up Don’t Shoot” or “I Can’t Breathe”?

The officer’s Klan hood certifies that this shooting is a lynching. Many lynchings in the traditional sense were perpetrated by deputized citizens.

Denver Chief of Police Robert White said of the student’s work: “I’m greatly concerned about how this painting portrays the police.” Well sure, and Chief White didn’t know the half of it.

Should you go complain at the Wellington Webb Building? The Denpo article mentions Chief White intends to “have a conversation with the student and her parents.” You may want to caution that the Office of the Independent Monitor be invited attend that conversation, as a ride-along so to speak, to assure it isn’t the one-sided transaction to which we are becoming accostomed and inured.

Does Chief White think that racially enhanced officer involved extrajudicial executions should not be a student’s concern? He needs to look past what offended him and try to understand the art piece before he forces a conversation. Or what kind of conversation will it be. The student has already made her statement.

FOOTNOTE:
Here’s what Michael D’Antuono had to say about his original work. I’ve updated the original broken links:

This painting, created during the Trayvon Martin case, symbolizes the travesty of racism in the criminal justice system. It has been the object of much controversy and censorship. In 2014, I was Incensed that George Zimmerman was trying to profit from his notoriety for killing an unarmed teenager by auctioning his painting on eBay. In response, I put this piece on eBay with half of the proceeds going to the Trayvon Martin Foundation. The very same day Zimmerman sold his painting for $100,000, and as soon as it became evident that my piece was on par to pass Zimmerman’s mark, eBay shut mine down for violating their strict policy of not selling anything on their site glorifying hate groups or showing anything symbolic of the Klu Klux Klan. The hypocrisy of eBay was that at the time they killed my auction, they were selling over 1500 other items related to the KKK. Misrepresenting it’s meaning, a hate group co-opted the piece in 2015, passing out flyers in Southfield, Michigan. In 2016, a high school teacher in Nevada, was suspended for using the painting to inspire critical though.

Fuck Cops Guy Eric Brandt deployed ACME Kop Katcher Kit but caught Denver’s SIT-LIE ordinance instead

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DENVER, COLORADO- That’s right, DPD motorcycle gang members fell for Eric Brandt’s cop trap, hook line and donut, but as usual, that’s not what Eric was after. On this particular arrest date, Eric wanted to test Denver’s “Sit-Lie” ordinance and this week Eric had his day in court. The city pressed its case for two days but after only ten minutes of deliberation the jury found Eric innocent. He admitted to sitting down, to purposefully seeking arrest, but his lawyer drove home the import of repudiating unjust law. Denver’s ban on sitting or laying down in its Business Improvement District is a prohibition aimed squarely at the homeless. By a five out of six majority the jury vindicated Eric Brandt and refused to convict.

The first day was spent hearing the testimony of a 20-year veteran cop so clueless he thought protests required permits, so flaky he denied seeing Eric’s donut or the six by four foot box tilting above it. He was so smug he cropped the ACME Kop Katcher Kit out of his crime scene photo, and so dumb he reported verifying Brandt’s identity by his RTD disability pass yet failed to deduce Brandt was disabled. This poor officer was so simpleminded that Eric’s defense attorney risked being seen badgering him with a mere superiority of faculties.

As a result, the officer’s misconception about permits was not corrected. The audience knew his MO to be an unconstitutional, the jury got it, as might your average highschool civics student, so the cross examination ended without having to contradict the little officer of the law. But the cop left the stand as he came in, having spent sixteen years of his service on the motorcycle unit, policing marches downtown, following orders and harranging protesters because they don’t have permits. And he’s back on the beat right now.

Otherwise the outcome of Eric’s trial was a total victory. For jury nullification. For freedom of expression. For the affirmative defense that performance art trumps a municipality’s authority to enforce conformity and order. And for human rights. Everyone has a right to sit down whether or not a chair is provided or deprived for that purpose. Those of us with places to sit, like cars and houses and restaurant chairs, don’t need that protection, but the homeless do. No gentrifying business-first politician should be coaxing police to pretend it should be otherwise.

The DPD may still issue citations but the likelihood of conviction is now greatly diminished. A civil suit from Eric will now hasten Denver’s incentive to repeal the errant ordinance. Downtown Denver’s sit-lie law is about to sunset by natural cause, Eric Brandt, force of nature.

Motion hearing for 4/29 protest arrest brings out affinity of cops and judges.

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DENVER, COLORADO- A local activist flipped off a municipal court judge. Yes, it’s not done, but the consequence was more severe than even the judge intended. She was attending a motions hearing of a fellow protester accused of disobeying a cop. During DPD testimony an officer was narrating a surveillance video which the audience was unabe to see. She tried to shift seats but was told to sit down. After two admonishments, she complied in silence but made a disrespectful gesture where she sat behind the flat screen monitor, where she thought the judge wouldn’t see. But a clerk did see the gesture and told the judge. Judge Nicole Rodarte, no friend of political activists and facing a roomful of them, immediately had her held in contempt of court for the remainder of the hearing. Contrary to instructions, the unnamed activist was taken across to the jail to serve a sentence of ten days. We’re not sure yet who was complicit with the mixup. Here’s what happened:

It was a hearing no Denver street activist wanted to miss. Habitual free-speech offender Jesse Benn is accused of disobeying a lawful order, being on the street, failure to disperse, etc, etc, at the April 29 march solidarity march for the people of Baltimore upset about the in-custody murder of Freddy Gray. Jesse’s jury trial will follow shortly.

At this motions hearing, the unpopular motorcycle cop Michael Rispoli was testifying as to the evidence against Jesse. Officer Rispoli is uniformly reviled for his tendency to ram his motorcycle into peaceful marchers. At the April 29 march, Rispoli dropped his motorcycle, feigning having been pushed by bicyclist Michael Moore. A SWAT crew piled on Moore, protesters rushed to his defense, this precipitated more arrests and prompted the police to pepperspray the crowd which included a number of small children. Justified by the attack on Officer Rispoli. Jesse Benn recorded the video which proved Rispoli’s lie. All charges were dropped against Moore, but the rest of the arrestees are being prosecuted, including Benn.

Rispoli by the way has been reassigned to DIA. After six years on the downtown motorcycle crew, monitoring and herding political demonstrations, he’s been demoted to the airport.

So at this hearing Bad Cop Rispoli was proudly testifying about the crowd-control techniques of the motorcycle unit. Very, very informative. At one point the prosecution played a police surveilance video so that Rispoli could give the play by play, point out offenders, and share his strategy. Except the audience couldn’t see the video screen. The content wasn’t forbidden, the judge just saw no need to make a screen available to the public. This being a public hearing.

It was frustrating, and said audience member rose to move about to catch a glimpse of the video. Judge Rodarte told her to sit down. She explained the problem, the judge only repeated her warning. She returned to her seat and apparently formed a finger with her left hand, thrown down behind the large screen monitor, where we couldn’t see, nor even the judge. The courtroom clerk spotted it however and told the judge.

Judge Rodarte promptly asked the deputees to remove the activist to an adjacent room used for in-custody defendants. She informed us that the activist was being held in contempt and her case would be handled at the close of the hearing, hopefully before the lunch break. The hearing resumed without further incident, except more lies from Rispoli. One lie prompted defendant Benn to hold a notepad aloft, for the audience’s eyes only, on which he’d scribbled “perjury!”

The hearing ended before lunch. Judge Rodarte excused herself to review the activist’s criminal record. Rodarte emerged from her chambers to announce that the matter would be addressed after lunch.

When court resumed at 1:30pm, Offender X was brought back in from the side door. Judge Rodarte gave a brief lecture about how X’s act had insulted the integrity of her courtroom and the justice system, etc. She asked if X had anything to say in anticipation of sentencing.

X gave a similarly brief speech about what she’d witnessed in Rodarte’s courtroom and the affront it represented to the public. X closed by declaring she welcomed whatever consequence the judge wanted to throw at her.

“I sentence you to two hours, time served” said Judge Rodarte. She ordered the sheriffs to release X, when they were done with her, or words to that effect.

We went to the jail to await X’s release, anticipating the usual booking delay. We eventually learned that X was supposed to serve a ten day sentence for contempt of court. It took us 35 hours before the error was sorted out. The detention center staff had admitted X with absolutely no authority to do so, certainly no documents remain on file. There is no paper trail and the Office of the Independent Monitor and Internal Affairs are trying to sort it out. Stay tuned.

The case against activist Jesse Benn raises the penultimate question about the right to march in protest. Jesse Benn is charged with being in the street. Traffic laws favor cars over people in the use of public roads, but does a vehicle’s right of way always abridge the people’s right to assemble? Hundreds of demonstrators marching to seek redress of grievances need the road too. Very often authorities tolerate protesters taking the streets for that very reason. Or because authorities have already blocked the streets. It’s complicated, and Jesse Benn might be being punished here because he took the video that implicated a bad cop. The system wants to use Jesse Benn as an example. Activist need to use Benn as their example, to teach the city a lesson about wrongful arrest and our civil liberties.

Delayed Habeas Corpus for Eric Brandt, then two Westminster kangaroo courts, despite $3,500 bond being paid.

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WESTMINSTER, COLORADO- It was quite a day for Eric “Fuck Cops” Brandt, in custody at the Denver County Jail since Monday August 10, as usual for exercising his First Amendment rights. Even by Wednesday the jail wouldn’t allow Eric visitors or bail. Next they delayed his court appearance almost two hours. Then the judge wouldn’t grant a PR bond, choosing to require the homeless veteran to raise $3,500 for bail. Then the clerk insisted the entire docket be completed before the bond paperwork would be available. Eventually Eric’s bond was covered by a benefactor, but before Eric could be processed for release, the City of Westminster transferred him to their municipal court for a full afternoon of hearings.

In Westminster, Associate Judge Paul Basso refused Eric’s motion for a jury trial then immediately declared court to be in recess and walked out as Eric’s attorney David lane tried to voice his objections. Funny story: though Basso had declined the motion, he misspoke and declared that Eric was to have a jury trial, so Basso had to reenter the courtroom to reiterate for the record: there was to be no jury trial. This time Lane offered to put Brandt’s former public defender on the stand, he was there waiting, to attest that Brandt had never declined his right to a jury. Judge Basso refused and again walked out.

Next up, Presiding Judge John Stipech declined motions to dismiss, to recuse, or to appoint a special prosecutor for Brandt’s cases. Stipech declined to hear witnesses present and ready to testify that Westminster staffers were overheard plotting to incarcerate Brandt no matter what. No hearing, set all the trial dates up like bowling pins.

Next on the agenda, Judge Stipech ordered Eric to remove documents he’d posted to “his Facebook”: confidential police internal affairs reports sloppily surrendered during discovery and now published in Westword. Eric was supposed to comply whether in custody or homeless, or be found in contempt.

Brandt was put back en route to Denver while attorneys were asked to set the upcoming court dates. Suddenly Eric’s transport was ordered to return so that the Westminster prosecutor could motion to revoke Eric’s multiple bonds on account of his new felony charges in Denver. Fortunately the bond revocation hearing was set for Sept 2 to allow David Lane time to subpoena witnesses. This date will also follow the Aug 31 hearing in Denver where Lane has subpoenaed the Denver DA to account for the unconstitutional train wreck.

Now back at Denver Jail, Eric is being kept overnight with the excuse that the pretrial services office was closed and doesn’t reopen until 8AM. Eric Brandt has been incarcerated since Monday afternoon, his bond met, his tattoo assuring he can’t be confused for anyone else. He’s front and center today on the Denver Post and Westword, but the city’s top law enforcers can still pretend to delay his release on technicalities. They spent eighteen hours “running his fingerprints” when everyone in downtown Denver can recognize Eric Brandt a block away, three, when he’s got his sign.

Charles Dickens and the Tattered Cover Bookstore

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“Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation of the first link on one memorable day.” ?? Charles Dickens, Great Expectations
 
Pause you who read this and think of the man, Charles Dickens, who gave to the world some of our most memorable stories and books; A Christmas Carol, Oliver Twist, David Copperfield, A Tale of Two Cities and Great Expectations, to name only a few. Charles Dickens, a man filled with compassion for the poor and hungry, who he wrote about so eloquently. Now comes The Tattered Cover Book Store who seeks to make a profit from this man’s stories and the people Charles wrote about; the Tattered Cover who through their membership in the Downtown Business Partnership, supports the Denver Camping Ban, a law that criminalize the poor and homeless.

Pause a moment for the poor and hungry. Tell The Tattered Cover, in the eyes of Charles Dickens, they are hypocrites. Stop selling his books or send a letter to the Denver City Council resending their support of the camping ban.

Send an e-mail to books@tatteredcover.com if you have compassion for the poor. Your voice will make a difference for those less fortunate. Please pass this on to all your friends and family; Together we can change the world.

City of Denver wins court battle to ignore the homeless, one arrest made

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DENVER, COLORADO- The trial of the Tattered Cover Five concluded this week. For three days a municipal court considered whether a complaint made against protesters drumming in front of the downtown Tattered Cover Bookstore should or should not curb the protesters’ freedom of speech. And the jury really didn’t get it. Not only did their verdict uphold the police’s discretion to decide whose speech can be considered to be disturbing the peace, but the jury introduced their own arbitrary enforcement, judging some drummers guilty and some not, even though the complaint which prompted the charges was based on the “loud and unusual noise” generated by the ensemble.

The jury had even heard testimony that defendants were threatened with arrest if we “so much as touched a drum.” How then could this case be about disturbing the peace via loud noise? Defense attorney David Lane knew our acts of defiance were more accurately “disturbing the police.”

More obtuse than the Denver jury was the presiding judge, who resisted every rational objection and motion to insure that blunt authoritarianism always received the benefit of the doubt. I’ll admit our supporters in the audience were glib throughout the trial as our lawyer David Lane could hardly sidestep using the dumb and dumber city attorneys for mops. But the judge always ruled in dumb’s favor. It was as if courtroom 3H was an Affirmative Action program for logical fallacies, and the judge was a rubber-stamp for the rule of bad law.

This was never more clear than in the trial’s final moments, when extra deputies ringed the courtroom and then arrested an audience member.

Just before the jury was to emerge with its verdict, the judge reminded everyone that filming or recording the jury was prohibited. David Lane voiced his objection at the buildup of officers in the courtroom without cause. As usual the judge was dismissive.

Lane emphasized that in all his years this was an uncharacteristic show of force. The judge didn’t care: “Objection noted.” It was her usual refrain.

As the officers moved closer to the audience to make their oppressive presence felt, the activism instinct to raise cell phones at the ready gave the officers their cause. This escalated into a standoff, with the deputies ordering an activist to leave the courtroom. His protestations of innocence were interpreted as resisting so he was led off in handcuffs, prompting of course more impulses to film the arrest.

When more officers began targeting more cellphones, a voice of authority rang out. It wasn’t the judge calling for order in the court. No, she was satisfied to let the deputes maraud through the audience and extract people with physical force without even looking up from her monitor. It was the sonorous voice of David Lane that brought the officers to heel. He said “Nobody can take anyone’s phone.” Lane’s gravitas had never given the judge pause but it stopped the deputes in their tracks.

“The most an officer can ask you to do is to put your phone in your pocket” Lane continued. One activist was holding his phone aloft in a game of keep-away with two deputes. Hesitantly he and the other audience members pocketed their phones.

When the jury members made their entrance they were greeted by a militarized courtroom and an audience numb with shock over the justice system’s indifference to abuse of power. We were in for a worse surprise.

It could be the jury did step up to David Lane’s challenge. He’d told them they would never in their lives wield as much power as they did on this jury, their chance to fashion how First Amendment protections are upheld. Except they didn’t share Lane’s or our concern for holding off a police state. Instead they sided with the prosecution, who urged they preserve “the right to ignore someone else’s opinion.”

Honest to God, our weekly protest at the Tattered Cover was presented to have been about the Urban Camping Ban. The jury understood we were urging people not to ignore the plight of the homeless. The city prosecutor’s words could not have been more ill chosen if one is embarassed by irony.

I was one of the defendants in the Trial of the Tattered Cover Five. One of us escaped charges due to a clerical error, two others were found not guilty for lack of self-incrimination. Tim Calahan and I were convicted of Disturbing the Peace, specifically for having created a loud and unusual noise in violation of a City of Denver ordinance. I got two convictions, community service, court fees, one year’s unsupervised probation, and supervision fees (yes that is a non sequitur), but all of it stayed pending appeal.

David Hughes arrested
So what happened to the courtroom arrestee? I’m free now to say that his name is David Hughes, Denver Occupier and IWW organizer. David wasn’t released until the next day, mostly because neither the city nor county was sure with what to charge him. David was kept in an underground cell between the courthouse and the county jail while the trial went on.

Stunned by our defeat in court, our now un-merry band’s attention was diverted to our imprisoned comrade. David had refused to be excluded from the courtroom and next we learned that, like any good Wobbly, David was refusing to reveal his identity. By chance his wife held his wallet and phone so David was free to complicate his abduction as anyone innocent of charges might. We continued to shout “Free John Doe” outside the courthouse in solidarity late into the night.

Was David guilty of using his phone camera? It’s generally understood that recording devices are not to be used in courtrooms, to respect the privacy of witnesses, the jury, and the accused. In this case the judge had specified not recording the jury which had not yet entered. What had interested David was the disproportionate buildup of sheriffs deputees. How many law enforcement officers can you have in a courtroom before the public feels threatened enough that they need to film the officers for the public’s own protection? What doesn’t get filmed, the cops get away with. The judge certainly wasn’t concerned for our protection.

Reflection
I really can’t understate the disappointment we all felt about the verdict. It was predictable yes, but unsettling to see it happen. We had the best lawyer that money can’t even buy, undone by the steady creep of Fascism. I associate it with our society’s declining education and public engagement, abetted by oppressive law.

For three days, attendees who were not readily recognized as being with the defendants could circulate the halls of the Linsey-Flanigan courthouse and overhear deputees talk about the case. All the deputees were greatly chagrined that The David Lane was representing us. Apparently they all know his reputation. There was no press interest except by KGNU, but lawyers who saw David Lane walk through the hall made a point to stop by our courtroom when they had the chance to watch him work.

And so it was really a blow to the ego to meet with failure. I’ve written before about how police intervention at our Tattered Cover protests ceased entirely after the first arraignment date when David Lane showed up in our stead. We’d been surveilled by a half dozen cruisers every Friday for a half year. After David Lane officially filed our papers that number went to zero. No more visits from officers, no more drivebys with videocameras, for almost a solid year now. It should be interesting to see what happens this Friday. Will the cruisers be back? They still have no cause. No disruptions, no conflicts, no threat of lawbreaking whatsoever.

Before Lane the officers regularly interrupted our assemblies to recite their warnings in spite of our objections. When Tim and I were arrested, we had to sit in a holding cell, shackled to a bench, while Sergeant Stiggler berated us for looking like fools. We were wrong about the camping ban, we were wrong about our rights, bla bla bla bla. We kept our mouths shut to shorten his lecture. After enduring our bullhorn for three months, he’d composed quite a rebuttal. His diatribe contradicted the suggestion that our arrests were about the noise and not our message.

For now unfortunately the sergeant turns out to have been correct about our rights. And looking like fools I guess.

For now Denver’s Disturbing the Peace ordinance does dismantle the First Amendment. For now it does allow what’s called a “heckler’s veto.” That’s a marker of unconstitutionality where one person’s complaint could be used to silence political speech to which they object. It does allow police officers to decide what “time place and manner” limits to place on free speech. Nevermind “Congress shall make no law to abridge” –that’s up to the police. It’s their call!

At our earlier motions hearing David Lane spent two days arguing that Denver’s ordinance was unconstitutional, to deaf ears obviously. At that hearing, DPD officer after officer testified that what qualified as a disturbance was entirely theirs to decide. Lane laid the groundwork to show that Denver police officers aren’t given a clue how to respect free speech. This judge was already satisfied I guess to pass the buck to a higher court.

In the meantime activists can no longer brey with confidence about free speech rights in Denver. We’ll have to engage with police submiting their proposed abridgements. We’ll have to bite our tongues, as they do I’m sure, feeling our hands tied more than we’d like, they longing to beat us. It’s going to be more difficult to recruit newcomers, uneasy with what confidence we can responsibly instill in them. “Am I going to get in trouble” is the first question they ask. Now the more probable answer is not maybe.

Where does the Drake coal emissions plume go when you’re not watching?

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Martin Drake Coal-fired Power Plant
COLORADO SPRINGS, CO- We’ve seen the mapping of areas most vulnerable to the toxic emissions of Drake, our downtown coal plant. In particular we’ve learned that freezing temperatures mean that emissions aren’t dispersed according to best laid plans but instead linger in the neighborhoods to the southwest. What does that look like? Recent cold temps have afforded a glimpse. That mist in the morning in Ivywild and the Broadmoor hills is setting a mood which affects your mental health more than you know.

Did you know that if you disagree with someone’s free speech you can call the cops and say their voices disturb you?

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IN DENVER YOU CAN! Denver police have been silencing picketers at the downtown Tattered Cover Bookstore by asserting that complaints give them the authority to curtail the Friday evening protests at will, even before the 10pm noise restriction. The DPD cite “time and place” restrictions to free speech, such as, you know: you can’t shout “fire” in a crowded theater. Apparently they’re worried that crying “Boycott the Tattered Cover” will cause a stampede. We hope so too, and in a PUBLIC SPACE, we have that right.

Denver march against police brutality interrupted by a DPD demonstration

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DENVER, COLO.- Saturday’s “Every 5th” Anonymous march didn’t get two blocks along the 16th Street Mall before Denver police officers advanced into the compact procession to extract what looked to be targeted activists. Said one Anon: “One minute we were chanting ‘FUCK THE POLICE’ and the next they were fucking themselves! Our demonstration AGAINST police brutality was in solidarity with the New Mexico action #OpAlbuquerque, but became a demonstration OF police brutality. Thank you DPD!” Hundreds of downtown shoppers were drawn to the shit show, to see four dozen masked protesters menaced by a paramilitary force three times the size, ostensibly for jaywalking.

Local news outlets reported that the marchers were diverted from the pedestrian mall when their path was blocked by a dense row of police. Officers made five quick arrests, spraying pepper spray into the faces of marchers who weren’t accommodating their unprovoked, seemingly arbitrary snatch and grab maneuver.

ftp-nmt-dpd-arrestee-groundA few minutes later, with tension waning, the DPD made an odd sixth arrest, tackling an unrelated passerby who suddenly bolted from between their ranks. Whether opportune or calculated, the officers piled on this small man which provoked the crowd to close in on the action and boo. This resembled an attempt to incite obstruction, to provide a pretext for a police escalation, because the little man’s curious entrance coincided with a squad of riot cops already dismounting from the sideboards of their SUVs, in formation to march but without a situtation to warrant it. Let’s also add that the mystery arrestee was cop-shaped and was led off in a different direction than the other detainees.

There was plenty of shouting “FUCK THE DPD” but protesters didn’t take the bait, hardly resembling the riotous mob the DPD pretended them to be. Instead Denver citizens were treated to a front row DPD command performance of “SHOW ME WHAT A POLICE STATE LOOKS LIKE.”

For me, the FTP message resonates on more levels than the delightfully juvenile. The DPD show of force makes a regular cameo at every political demonstration. Often the military equipment is kept around the corner, but the oppressive presence is made felt. After DPD brutally squashed the Occupy demonstrations of 2011, even activists are deterred from joining protests in large numbers because of the eminent threat of police violence. The ever present police escorts which tail protest marches also taint demonstrators with the implication that their legal assembly verges on illegality. No matter what your issue, the police are going to stand in your way.

Though unpopular with the nonviolence zealots who consider it more effective to be non-confrontational, the FTP theme has become universal across activist disciplines, even with those one might presume were uninitiated. Obviously police violence extends well beyond the curtailment of civil liberties. Earlier on Saturday a group of Colorado Springs Anons stood before the CSPD HQ with a sign than read only “FTP”. It was complemented with posters that tempered the message for the city’s more conservative population, such as “Free the Prisons” and “Failed the People”. Yet countless passing motorists responded by rolling down their windows and pumping their fists shouting “Fuck the Police!”

More photos from Denver Anon and photog Stuart Sipkin.

Here’s the official 4/5 press release, reproduced from Pastebin:

Anonymous Police Brutality Protest/#Every5th/@AnarchoAnon

MEDIA ALERT
FOR IMMEDIATE RELEASE

Contact: anarchoanon@riseup.net / @AnarchoAnon

Denver 4/5—Police in Denver violently attacked a protest march against police brutality on the Downtown 16th street mall a few minutes after it began at 5:30 pm. 6 arrests took place, with police violently tackling individuals in the crowd and spraying pepper spray at protesters and bystanders. A witness said that several of those arrested were passers-by who were not involved in the protest. This protest, called by the informal net-based group known as “Anonymous,” was part of the “Every 5th” event series, in which protesters have gathered downtown on the 5th of every month to protest various issues since November 5, 2013. This particular march was planned in solidarity with protests over a recent police murder of a homeless man in Albuquerque, New Mexico, with an eye to similar ongoing police brutality issues in Denver.

“The Albuquerque Police Department has come under federal scrutiny for being involved in 37 shootings since 2010, 23 of them fatal.” (Democracy Now)

One participant said: “There were about 50 of us at the march. We peacefully marched from Civic Center Park to the 16th st mall, our usual march route. As soon as we turned off the mall, police officers violently tackled individuals, swung clubs at others, and sprayed clouds of pepper spray at the crowd. They then formed a line and took out rubber bullet guns, and continued to try to antagonize the crowd. The crowd grew larger as pedestrians became alarmed by the aggressive behavior of the Denver Police Department. There were also numerous military-style vehicles present with SWAT officers riding on the outside. This seems to be a deliberately intimidating response in which DPD is trying to send a strong message to the citizens of their city that the police will not tolerate people speaking out against police brutality. Despite the police violence, our march continued successfully for several hours, snaking through city streets, denouncing police brutality with chants and fliers. This sort of behavior by the police really only serves to promote our protest, and as we saw today, it actually encourages people to join us.”

UPDATE:

All 6 who were wrongfully arrested have plead not guilty and have been released on bond/PR and reported back the following:

Police kept insisting the protestors’ water bottles in their backpacks were “molotov cocktails” even after smelling the water. Repeatedly.

They were taken to what appeared to be a mass arrest area that had been set up in advance. There was a table piled with sandwiches and frosted cupcakes. When asked by one of the protesters if the cupcakes had been made especially for the occasion. A cop responded “Yes, there are cupcakes. And they aren’t for you!”

One Denver Sheriff was heard bragging in the jail to another sheriff about how he had just said to one of the cuffed arrestees “I can beat the shit out of you and won’t even lose my job. Nothing will happen to me.”

Multiple photos of direct police interaction during the protest were deleted off of one of the arrestee’s cameras.

When one bystander tried to ask a question about the protest, he was called homophobic and sexist slurs by the police as he was being arrested.

Regardless of arguments about reforming the police versus abolishing them altogether one thing the protesters are in agreement about is that DPD acts like a gang of terrorists who aren’t accountable in any way to the people they purport to “Protect and Serve.

Archived livestream footage clips from march: http://www.ustream.tv/channel/anarcho-anon

Twitter handles with details from the event: @anarchoanon @standupdenver @mcsole @occupydenver @internerve

Occupy Denver: not as badass as they pretend to be

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DPD interrupt Occupy Denver protest at the Tattered Cover Bookstore
DENVER, COLORADO- Occupy activists were making their usual cacophony on Friday night when Denver police cruisers began converging into a familiar disproportionate show of force. Experienced skirmishers though Occupiers are, we couldn’t help whispering to each other as we watched more DPD officers accumulate on foot from vehicles yet unseen. The unintended effect of course was that our chanting diminished as the tension rose and Denver onlookers were treated to a literal illustration of the chilling effect of police intimidation. To make matters more embarassing, Occupy was shouting that we would not be silenced! By the time police were trooping upon us there was no sound but DPD boot steps and our “cameras on, everybody, cameras on.”

Our Friday night boycott of the Tattered Cover Bookstore is part of an OD operation to pressure downtown businesses to withdraw their support for the city’s urban camping ban, an ordinance which in effect criminalizes the homeless. The Tattered Cover claims to have asserted neutrality on the city’s decision to forbid sleeping and sheltering in public, but OD stands with Howard Zinn when he claimed “you can’t be neutral on a moving train.” Silence is consent. Injustice prevails when good people say nothing, yada yada. So it’s the Tattered Cover’s turn to step up to what is everyone’s responsibility. OD invited the Tattered Cover to sign a letter rescinding their support for the inhumane ordinance, but the Tattered Cover’s owner held to her obstinence. She was confident that her customers would have sympathy for her business’s precarious balancing act with the community’s unchristian conservatives. If the Tattered Cover wants to put business over doing the right thing, OD concluded that a boycott could provide the commensurate incentive.

A boycott strategy has worked twice before on this campaign. Actually, boycotts and pickets seldom fail. The global have-nots owe everything to street protest. Grown prosperous, middle America has been shorn of this wisdom. Most Americans do not know what protest is about, thus Friday nights in downtown Denver are also a teaching moment for Occupy. Pardon the inconvenience people of Denver, you’re welcome.

To be fair, for the uninitiated, protests are a messy, noisy thing.

As this Friday evening progressed, occupiers suspected the police were going to make an issue of the serenading, it was self-evidently less melodious than the previous weeks. Earlier we noticed officers dispatched in pairs into multiple directions seeking interviewees from among our audience. But we did not expect a DPD delegation to descend upon us at troop strengh. We began shouting down the DPD as their commander shouted “Can everybody hear me?” What authority had officers to interrupt our constitutional right to assemble? It is amply documented that when activists attempt to interrupt the meetings of others, with Occupy’s “mic check” for example, we are escorted from the room with rough haste.

In Occupy’s defense Friday night, we didn’t submit ourselves to being lectured about “what you are free to do etc, etc.” We knew our rights. We also suspected a noise complaint before the hour of 10pm was of dubious legitimacy. We did however accept an abridgement of our free speech, for the sake of, let’s call it, detente. Because it was dark and we were outnumbered.

A few Occupiers were not happy about being made to relinquish megaphones and drums on the trumped-up premise of signed noise complaints. The officers had obviously solicited the complaints; they had not been dispatched in response to any. Some Occupy wild cannons threatened to upset our disarmament truce. Our hushed reproaches become the next inadvertent impediment to regaining a chant momentum.

In debriefing it was agreed that the more impertinent among us are precious resources Occupy should not make a habit of quashing. When demonstrator numbers are enough to effect unarrests, we’ll have occasion to reject civil liberty infringing ultimatums and encourage the pushing of limits beyond the habitual collective consensus comfort level. This security culture indiscretion about protest strategy is tendered here as an encoded call to action.

BUT SERIOUSLY, what do you make of the Denver Police Department’s exagerated show of numbers at the Friday night action? It was the usual DPD MO in the heydays of Occupy, and it’s what they are throwing now at the Anonymous “Every 5th” resurgence, but what about OD’s campaign -to repeal the Urban Camping Ban- could have provoked a law enforcement surge aimed at its decisive truncation?

WHO KNEW a picket of such limited scope could draw such ire. We aren’t threatening Capitalism or banks or energy infrastructure, or DPD’s favorite, FTP.

However hypocritical and exceptionalist the Tattered Cover is behaving, I don’t believe they requested DPD’s move. But I don’t doubt the Downtown Business Partnership is fearful that the famed independent bookstore might cave to protester demands at which point the DBP’s mandate will lose its liberal cover. They know the inevitability of boycott victories, they’re business people.

The Tattered Cover doubles down on its privilege to ignore Denver homeless

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Tattered CoverDENVER, COLORADO- Representatives of Occupy Denver met with both owner and manager of The Tattered Cover Bookstore last week hoping to avert taking public action against the popularly lionized bookseller for its passive support of the city’s Urban Camping Ban. There was hope that owner Joyce Meskis could reconsider her “neutrality” on the policy of oppression which has proved disastrous for Denver’s beleaguered street dwellers, at the very least, rescind her membership in the Downtown Business Partnership, the lobbying entity which conjured the ordinance.

INSTEAD Meskis told the Occupiers to redirect their efforts toward citizens instead of pressuring businesses to take sides. Meskis admitted she had not followed the city council hearings and so did not know that individuals have had no more clout there than have the homeless. The camping ban was proposed by a cabal of businesses, OD explained. Its repeal will no doubt require an outcry from the same. Meskis remained adamant that her business take no side. OD suggested that a bookstore of all places might want to hold itself to the higher ideals it propagates. What good is literacy if it does not elevate? Meskis held firm: the Tattered Cover must entertain both sides and allow customers to arrive at their own conclusions.

Imagine a dealer of books so pedantic. Really, are there two sides to human rights? Archbishop Desmond Tutu once wrote that neutrality helps the oppressor, never the oppressed. They haven’t read him, or maybe they disagree? More obnoxious than ignorance is arrogant ignorance. Even the illiterate do not argue against Edmond Burke’s “when good men do nothing.” What’s the point of enriching yourself with a business if it’s not to have more impact on your community?

Looking at the callous indifference of business leaders, who reserve their personal sympathies in the interest of dispassionate objectivity, you might as well be staring at an American general, a politician, or other such sociopath, the embodiment of Capitalism, void of humanity.

Fortunately people governed strictly by the bottom line are much easier to reorient than others whose values are ideological or moral. Attenuating their flow of customers brings businesses to heel. Money talks, and yes, it’s too bad the Tattered Cover has turned out to be the unlikely posterchild.

BUMMER? HARDLY. What we have is a opportunity to blow open the conservative liberal pretense that privileged first worlders need not soil themselves with taking sides. Wars happen, torture happens, neglect of the poor happens when community members, particularly the power centers of business, say nothing to oppose them. The Tattered Cover maintains its ambivalence is a principled stand. I think its acquiescence on the urban camping ban allowed the more preditory downtown businesses to rationalize their inhumanity, thinking “see, it’s not just us assholes.”

OD’s reluctant boycott continues undaunted this Friday at 5:30pm at the Tattered Cover’s LoDo store.

Tattered Cover boycott