D’ya think ANTIFA might be a trap?

Black Bloc
By all means shout down the fascists. Shout down white supremicists. Bash the alt-right. Do it in black bloc, if you must (and yes we must). March on, against, and over, capitalism. Declare yourself anti-fascist. Express solidarity with ANTIFA protests and counterprotests across the country. I would rethink, however, opening an Antifa franchise without knowing who elsewhere can now act IN YOUR NAME.

No one owns the ANTIFA brand. Like “black bloc”, it’s a tactic, not a movement. Except as this moment’s zeitgeist, the brand has indeed become a movement. The imperative to repudiate emboldened Nazis lacks for neither urgency nor legitimacy.

Antifa is horizontal like Occupy, no leaders. Its membership is fully self-nominated. Except where Occupy Wall Street offshoots offered local casts of characters, Antifa participants remain undercover. The problem becomes whose undercovers.

I fully support confronting fascists. I might quibble about picking fights with inarticulate Nazi cosplayers. Our corporations, the media, and the police who protect both are the full grown, authoritarian fascists.

I likewise support black bloc as an essential strategy for effective protest actions. I encourage picking fights with dogmatic nonviolence passivists who continuously thwart the potential of public demonstrations.

I support Antifa as I do Earth First, as I do ELF, or ALF the Animal Liberation Front, or Hezbollah, Hamas, and the Intifada if you’re begining to catch my drift. I stand with them without wearing a mask because my expression of support is my political right. I do not act as them, wearing a mask.

Antifa may be serving the establishment just fine by diverting youthful rebellion from directing its energy at STATE fascism. It may be suiting populist urges just fine too by allowing discontents to vent our disgust against punchable twits instead of the impregnable powers that be. Ideally those inclined to resist fascism will catch on to who really needs the pounding.

When that begins to happen however, some Antifa chapter (the media will call it a “cell”) in Reseda or Des Moines or Stuyvesant is going to commit an outrage of domestic terrorism and the Antifa brand will be blown. It may be government black ops conducting a false flag, or three percenters shy of a full load hoping to ignite a race war, or misguided revolutionaries jumping the gun. It won’t matter. “Antifa” will be declared a terrorist organization. Pardon the pun, that will be trump.

And while we know Antifa is not an organization, intelligence records will have mapped out who were the ringleaders and daredevils of concern to national security. Authorities may or may not round up suspected co-conspirators and charge them with racketeering. That’s not even my worry. Once discredited and forced underground, Antifa enthousiasts will recede into the woodwork. All the organizing, educating and networking will have come to naught.

I anticipate that my thoughts here are not going to find favor with my many friends currently marching behind the Antifa banner. But I know a number of idiots among them too, and worse, suspected moles bent on disrupting productive insurgencies.

Though Antifa in its character employs security culture stratagems, by design it’s one big back door. I know some comrades see that as essential to escalating a revolutionary force. I see the absence of a binding ideology to be its undoing.

How about we think outside the box too calculatedly provided to us by our anti-fa social engineers? That box is pre-addresed and postage due.

If you are anti-fascism or anti-capitalism, WHAT ARE YOU FOR?

BE THAT.

You can fly the Antifa banner but do it as an allied organization you are meanwhile building.

You can punch the same Nazis and blockade the same racists, and you can sell the establishment killer app for which you control the code.

Black Bloc

Denver jury trial for offense of leaving your homeless little dog off the leash

Adrian Brown arrested June 21, 2016
DENVER, COLORADO- Adrian “Munk” Brown faces trial on Monday, charged his dog being at large on the Lindsey Flanigan Courthouse Plaza. This happened on June 21 of last year, when he was testifying at the trial of a fellow activist. Because Munk wouldn’t let the dog catcher seize his dog, he is charged with interference. Because more than a dozen officers responded to the scene, things escalated from there and Munk was taken to jail. But that’s the pretext. In truth– ADRIAN BROWN WAS TARGETTED, STALKED, TAUNTED & ARRESTED.

1. BRIEF STORY OF INCIDENT
2. PREDICTED SCHEDULE
3. CALL TO ACTION
4. LEGAL DISCLAIMER

1. WHAT HAPPENED?
Ridding the streets of substantive evils, three animal control officers, a dozen courthouse deputies, and half dozen Denver police ultimately arrest Munk for not having an ID card and animal at large. Of course they added obstructing animal control and interference with police.

Join me on the plaza tomorrow at 7am. My unleashed dog will be with me. Who else has a well behaved and appropriate in public canine buddy they can bring?

Am I the only one who finds it somewhat Orwellian that Munk was arrested when SGT A. A. Martinez shows up and asks Munk if he will give him his ID. Then Munk asks him who he is. To which Martinez responds: he will take that as a refusal (to identify) and cuffs and stuffs him. COPS ARE REQUIRED TO PRODUCE THEIR NAME AND BADGE ID NUMBER TO THE PUBLIC UPON DEMAND. Members of the public, whom cops serve, are not required to carry papers or ID card with them. So the Master shall be criminalized for refusing to produce a non-existent ID to a servant upon demand, by a servant who refused to identify himself as required? Did I miss something here?

SGT A. A. MARTINEZ IS A KNOWN DOMESTIC TERRORIST WHO HAS BEEN OBSERVED ACCOSTING A PREGNANT WOMAN FOR SIMPLY SITTING DOWN ON THE GROUND TO REST. (Yes, it is a crime in Denver to sit on the ground).

DEPUTY FOOS is a known terror leader who commands a group of violent terrorists known as the FOOShiban. FOOS and his lawless thugs have harassed, detained, obstructed, pestered, and kidnapped Munk many times in the past – in fact, when a bystander observing this event speaks out and tells Foos he knows who Munk is and to share – HE DOES! He pulls out his little book, flips a few pages, and points to a place on the page to which the animal control officer responds by writing information on the citation clearly implying that Foos knows Adrian Brown well enough to have his identifying information at his finger tips.

2. PREDICTED SCHEDULE OF MONDAY EVENTS:
Based on past trials, I predict the schedule will approximately be:

Day 1
0700 – CHALK-A-THON
0730 – JUROR RIGHTS OUTREACH
0830 – DOCKET BEGINS
1030 – JURY SELECTION
1300 – POLICE TESTIMONY

DAY 2
0900 – BYSTANDER TESTIMONY
1500 – JURY DELIBERATION
1530 – JURY VERDICT – NOT GUILTY

3. CALL TO ACTION
I am advocating not only for you to join us in perfectly legal and utterly appropriate activism educating the public using the courthouse about their rights and encouraging them to exercise them to the fullest.

I am also advocating for civil disobedience. I intend to break a handful of laws tomorrow morning. I have every intention to repeatedly violate the so-called JAYWALKING codes to start with. Then I intend going to graffiti the plaza with sidewalk chalk. All the while I intend to be accompanied by my unleashed wiener dog, Rusty. Then I intend to sit down on the ground – lie down on the ground even. I will be demanding my immediate incarceration for these wonton and deliberate acts in violation of numerous codes. AND I WILL REFUSE TO PRODUCE MY ID CARD. I might even burn a flag or two!

AND I ADVOCATE YOU TO DO THE SAME ILLEGAL ACTS!

4. DO REMEMBER
The above actions are prohibited and if you commit those acts you could be arrested, tried, convicted, AND INCARCERATED FOR YEARS. I’m just saying…

Oh yeah- and this is the same judge who was presented by the prosecutors in another sit and lie trial, PRINTOUTS OF MY FACEBBOOK PAGE, and asked to gag me.

And this is the same judge who put Munk in jail for 20 days contempt simply for stating the scientifical fact that Judge Adam Esponosa is in fact “A PUNK ASS BITCH”.

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


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

1. Full text of complaint:

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

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

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

Defendants.

______________________________________________________________________________

COMPLAINT

______________________________________________________________________________

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

INTRODUCTION

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

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

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

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

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

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

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

PARTIES

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

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

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

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

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

JURISDICTION AND VENUE

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

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

FACTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

56. Regulation 50 is overbroad.?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PRAYER FOR RELIEF

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

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

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

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

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

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

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

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

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

Dated this 6th day of February 2017.

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty

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

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

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

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

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

Defendants.

______________________________________________________________________________

MOTION FOR PRELIMINARY INJUNCTION

______________________________________________________________________________

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

1. Introduction

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

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

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

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

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

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

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

2. Factual Background

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

3. Argument

3.1 The standard for issuance of a preliminary injunction.

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

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

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

3.3 Regulation 50 implicates Plaintiffs’ First Amendment rights. 1

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

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

3.4 Plaintiffs are likely to succeed on the merits.

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

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

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

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

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

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

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

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

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

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

3.4(d) Regulation 50 is content-based.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.4(i) Regulation 50 is unconstitutionally vague.

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

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

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

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

3.5 Absent an injunction, Plaintiffs will suffer irreparable harm.

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

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

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

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

3.7 A preliminary injunction is in the public interest.

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

4. Conclusion

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

Dated this 6th day of February, 2017

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

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

SEAL Team Glossary includes Canoeing, Winkler Hatchets & Bleed Out Videos.

You won’t find these terms in the indexes of the countless books praising SEAL Team 6. But they feature prominently in an Intercept exposé about the war crimes of America’s most famous death squad. “Bleed out” videos are passed among operators, as Special Ops mercenaries are called, featuring their victims bleeding to death as they are taunted by their murderers. “Canoeing” is the act of aiming a final gunshot through the top of the victim’s forehead such that the head splits open to form a V like the bow of a canoe. Canoeing Photos of faces spilling over with brains, such as the proof-of-death pic of Osama bin Laden, are then taken for the official record, including the team’s formal scrapbook. “Devil’s Guard” is an obscure war novel that glamorizes Nazi attrocities including fictional methods of inflicting state terror. Title 50 authority is the so-called license which US Special Ops have to partner with allied commandos to form death squads. Winkler hatchets are tomahawks made by craftsman Daniel Winkler for the SEAL Team 6 Red Squadron, known as the redmen, who are expected to bloody their hatchets as they conduct their raids. Using the hatchets to collect DNA hair-follicle samples for the Redmen means flaying their victims and returning with scalps, fingers and other disfiguring momentos. Another insight revealed by the Intercept: The British aid captive Linda Norgrove, who was killed during a botched rescue attempt, wasn’t killed by her captors, but by a grenade thrown at her by a Seal Team operators, perhaps because the goal of reaching Norgrove was not rescue but exposure control. Linda Norgrove worked for DAI, Development Alternatives Inc, an American NGO, a cover for being an agent for MI-6. The glossary we already knew: Blue Squadron, known as the Pirates; Gold Squadron, known as the Crusaders or Knights; Silver Squadron; and Red Squadron, known as the Redmen.

Michael Moore, Nate Silver, Bernie MF Sanders, fake radicals, exit stage right.

OK so the silver lining to watching the Hillary – Trump prizefight is that those cheering and jeering are showing their colors. If they’re on either party bandwagon we can dismiss them out of hand, I’m talking about those pretending to be left of middle. Michael Moore is now out, as usual shepherding for the Dems. Buh-bye. Statistician Nate Sliver, expending his infallible credibility to scaremonger for Hillary, sorry no. Bernie Sanders, thanks for activating a leftist base, but you sold it up the river. Begone now and good riddance.

All your friends who swear they’re greener than green, but have to support Hillary lest Trump win the election? Not greens. Those who proclaim they’re otherwise progressive, or true to their causes? Not true, they’re Dems. They’re why Americans never get beyond the lesser of evils. But- but- no buts, you’re the silent consent that enables war.

Let me ask, did you also vote for Obama? Because shut the fuck up. Seriously, you obviously learned nothing from it. Show some humility and shut up. Why on earth would you expect to offer guidance on election matters? You are a fool. You are easily scared. You’re falling for it again.

Who wrote Melania Trump’s speech?

Melania
Number one, Melania Trump did not plagiarize Michelle Obama, her speechwriter did. And that hack copied from the First Lady’s. So one speechwriter plagiarized from another. More probably they cribbed from the same citizenship pledge essay. I’m surprised pundits pretend to differentiate platitudes from longitudes. Has anybody checked to see if Michelle and Melania don’t have the same speechwriter? Or it’s a Dr. Carvell, Mr. Matalin dueling personality, we’ve seen that before. It wouldn’t take a bipolar disorder to support today’s conjoined parties. TWO, in 2016 the Bushes are rooting for the Clintons, even Karl Rove is pitching for the rival team. If bogeyman Trump wins anything, it will be the best bad actor Oscar, up against every black hat that’s ever troubled WWWF fans. That no one of stature will take the podium for Trump in Cleveland suggests his polling figures are as much of a hoax as he. Why is no one complaining that election 2016 showrunners are plagiarizing from previous lesser of evils season cliffhangers?

Bernie Sanders packs up his carpetbag revolution. Can you smell the bern?

Dennis KucinichThere is nothing fun about watching Bernie Sanders pack up his carpet bag revolution and embrace the incumbant president. Bernie supporters fell for him like they did Obama and now have to be feeling the blush of embarrassment and pang of hopelessness. What unlookers knew was going to be the ultimate Bern. Except the Bernie dreamers I knew anticipated this all along, but figured it was worth the shot.

Wasn’t Bernie supposed to hold out until the convention? The media has been floating false capitulation stories everyday, but it’s hard to misbelieve the latest hugs and arm raising.

Bernie joins ringers Kerry and Gore as Democrats who folded before they had to, if indeed they ever meant to win for real. Bernie’s place in history will be a room in a museum shared with Dennis Kucinich and other politicians who pushed big ideas but were really shepherding for the Democratic Party. Sanders was a third party democrat and thanks to him, his party, the corporate war party same as its congenital twin greater-of-evil party, will win.

Wilfred Owen: Dulce et decorum est (Pro patria mori – The Old Lie)


The Roman poet Horace wrote “It is sweet and glorious to die for one’s country” as Rome shifted from republic to empire. By 1917 British infantryman Wilfred Owen had reduced Horace’s sentiment to “The old Lie.” Owen was killed in the Great War. His poem wasn’t published until 1920 after the war. Even exposed, the old lie went on to adorn many monuments, including, also in 1920, the rising U.S. empire’s Arlington National Cemetery.

Dulce et Decorum Est (August, 1917)

Bent double, like old beggars under sacks,
Knock-kneed, coughing like hags, we cursed through sludge,
Till on the haunting flares we turned our backs
And towards our distant rest began to trudge.
Men marched asleep. Many had lost their boots
But limped on, blood-shod. All went lame; all blind;
Drunk with fatigue; deaf even to the hoots
Of tired, outstripped Five-Nines that dropped behind.

Then somewhere near in front: Whew… fup… fop… fup…
Gas-shells or duds? We loosened masks, in case —
And listened … Nothing… Far rumouring of Krupp…
Then stinging, poison hit us in the face.

Gas! GAS! Quick, boys! — An ecstasy of fumbling,
Fitting the clumsy helmets just in time;
But someone still was yelling out and stumbling
And flound’ring like a man in fire or lime . . .
Dim, through the misty panes and thick green light,
As under a green sea, I saw him drowning.

In all my dreams, before my helpless sight,
He plunges at me, guttering, choking, drowning.

If in some smothering dreams, you too could pace
Behind the wagon that we flung him in,
And watch the white eyes writhing in his face,
His hanging face, like a devil’s sick of sin;
If you could hear, at every jolt, the blood
Come gargling from the froth-corrupted lungs,
Obscene as cancer, bitter as the cud
Of vile, incurable sores on innocent tongues, —
My friend, you would not tell with such high zest
To children ardent for some desperate glory,
The old Lie: Dulce et decorum est
Pro patria mori.

I’m pretty sure PRIVILEGE is voting for a warmongering sociopath to feel good about having a first woman president.

Oh, really, so it’s “privilege” to support Bernie Sanders because he will take votes away from Hillary and thus enable a Trump presidency? Is it privilege to vote for Trump just for the entertainment value of seeing what the blowhard will do? Who is the only candidate with a direct record of mass murder and banksterism? I’ll assert it’s wildly privileged to inaugurate Hillary Clinton, just as you did Barack Obama, for the token victory of a first whatever, at the cost of giving the US regime a public mandate for more war and imperialism. Remember how we used to believe the world didn’t hate us ordinary Americans, just our fraudulently elected president? Now you want to elect the Bush-est of evils. Privilege is knowing the most formidable military in the world will kill untold thousands of darker-skinned others for the sake of your security.

The Modern Prometheus doesn’t fear your Second Amendment. He fears fire.

By HE I mean Dr. Frankenstein’s penultimate scientific industrial creature, Capitalism. Everything I know about bringing down the system I learned from horror movies. Maybe. Mary Shelley and Bram Stoker knew not only the evils to be feared, but which fears paralyze evil. For Frankenstein is was fire. For Dracula, daylight. Pretty damn spot on.

The Second Amendment sidearm may protect you from troops quartering in your house and raping your maidens, but guns don’t have the stopping power to bring down man-made monsters. Capitalism is preoccupied about being immolated however. Maybe that’s why people can easily get a license to concealed carry, but will serve years in prison for possession of incindiaries. Molotov cocktails have stopped heavy tanks. Whether or not fire brought down the WTC, the state definitely doesn’t want you to have it. Mankind’s first tool. DIY.

Frankenstein the Modern Prometheus was undeterred by bullets. Like every undead monster since, Frankenstein was held off by fire.

Dracula was likewise impervious to human might. His bloodsucking immortal reign was vulnerable to daylight. By outward appearance, vampires represent our most jaded celebrities, thought their immortality and superhuman power more closely resembles our corporate trusts, or the sociopath olygarchs They too cannot be shot down or beaten, so long as no one believe they exist Exposed to light vampires are reduced to ashes. As moviegoers know, that takes some clever thinking, on top of the laborious coming around to believing vampires for the evil they are. Dragged into the light of day, Nosferatu is history.

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

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.

Recognize the face? Benito Netanyahu.

You’ve seen that blustery fascist before. Blimp-necked, stone-faced. As Zionist war criminal Benyamin Netanyahu struts from one warmonger venue to another, isn’t he the spitting image of a much reviled sociopath of another era? Same first name approximately, same mission. Racism, war and genocide.

Last Rhodesian Dylann Roof was racist and white supremacist AND mentally ill


When a white racist mass murderer is apprehended, it’s a Western law enforcement tradition not to treat the suspect as cops do suspects of color. Fortunately television audience are now rejecting this inequity, and predictably they call for blood, instead of suggesting that all pre-trial interaction with police be conducted with respect for the presumed innocent. Similarly, white shooters and bombers are not called terrorists or racists but rather loners struggling with mental illness. I think it’s hugely important to call out the racism and xenophobia which breeds antisocial renegades like Dylann Storm Roof, and NOT judge Roof differently than the rare but much abused non-white even un-domestic insurgent. But why dismiss the insanity defense, when it obviously plays a part in more crimes not fewer. Dylann Roof was on psych meds. That’s another nightmare altogether, by which I mean for the pharmaceutical industry, who I think have a perfect record for supplementing white mass shooters. American prisons are filled with mental illness and mental disability and mental shortcomings. The justice system needs to be reformed with respect for mental health challenges, not with calls to get tougher on those with lesser ability to cope in society.

Dylann Roof’s alleged manifesto shows he’s not the brightest bulb either.

I was not raised in a racist home or environment. Living in the South, almost every White person has a small amount of racial awareness, simply because of the numbers of negroes in this part of the country. But it is a superficial awareness. Growing up, in school, the White and black kids would make racial jokes toward each other, but all they were were jokes. Me and White friends would sometimes would watch things that would make us think that “blacks were the real racists” and other elementary thoughts like this, but there was no real understanding behind it.

The event that truly awakened me was the Trayvon Martin case. I kept hearing and seeing his name, and eventually I decided to look him up. I read the Wikipedia article and right away I was unable to understand what the big deal was. It was obvious that Zimmerman was in the right. But more importantly this prompted me to type in the words “black on White crime” into Google, and I have never been the same since that day. The first website I came to was the Council of Conservative Citizens. There were pages upon pages of these brutal black on White murders. I was in disbelief. At this moment I realized that something was very wrong. How could the news be blowing up the Trayvon Martin case while hundreds of these black on White murders got ignored?

From this point I researched deeper and found out what was happening in Europe. I saw that the same things were happening in England and France, and in all the other Western European countries. Again I found myself in disbelief. As an American we are taught to accept living in the melting pot, and black and other minorities have just as much right to be here as we do, since we are all immigrants. But Europe is the homeland of White people, and in many ways the situation is even worse there. From here I found out about the Jewish problem and other issues facing our race, and I can say today that I am completely racially aware.

Blacks

I think it is is fitting to start off with the group I have the most real life experience with, and the group that is the biggest problem for Americans.
Niggers are stupid and violent. At the same time they have the capacity to be very slick. Black people view everything through a racial lens. Thats what racial awareness is, its viewing everything that happens through a racial lens. They are always thinking about the fact that they are black. This is part of the reason they get offended so easily, and think that some thing are intended to be racist towards them, even when a White person wouldn’t be thinking about race. The other reason is the Jewish agitation of the black race.

Black people are racially aware almost from birth, but White people on average don’t think about race in their daily lives. And this is our problem. We need to and have to.

Say you were to witness a dog being beat by a man. You are almost surely going to feel very sorry for that dog. But then say you were to witness a dog biting a man. You will most likely not feel the same pity you felt for the dog for the man. Why? Because dogs are lower than men.

This same analogy applies to black and White relations. Even today, blacks are subconsciously viewed by White people are lower beings. They are held to a lower standard in general. This is why they are able to get away with things like obnoxious behavior in public. Because it is expected of them.

Modern history classes instill a subconscious White superiority complex in Whites and an inferiority complex in blacks. This White superiority complex that comes from learning of how we dominated other peoples is also part of the problem I have just mentioned. But of course I don’t deny that we are in fact superior.

I wish with a passion that niggers were treated terribly throughout history by Whites, that every White person had an ancestor who owned slaves, that segregation was an evil an oppressive institution, and so on. Because if it was all it true, it would make it so much easier for me to accept our current situation. But it isn’t true. None of it is. We are told to accept what is happening to us because of ancestors wrong doing, but it is all based on historical lies, exaggerations and myths. I have tried endlessly to think of reasons we deserve this, and I have only came back more irritated because there are no reasons.

Only a fourth to a third of people in the South owned even one slave. Yet every White person is treated as if they had a slave owning ancestor. This applies to in the states where slavery never existed, as well as people whose families immigrated after slavery was abolished. I have read hundreds of slaves narratives from my state. And almost all of them were positive. One sticks out in my mind where an old ex-slave recounted how the day his mistress died was one of the saddest days of his life. And in many of these narratives the slaves told of how their masters didn’t even allowing whipping on his plantation.

Segregation was not a bad thing. It was a defensive measure. Segregation did not exist to hold back negroes. It existed to protect us from them. And I mean that in multiple ways. Not only did it protect us from having to interact with them, and from being physically harmed by them, but it protected us from being brought down to their level. Integration has done nothing but bring Whites down to level of brute animals. The best example of this is obviously our school system.

Now White parents are forced to move to the suburbs to send their children to “good schools”. But what constitutes a “good school”? The fact is that how good a school is considered directly corresponds to how White it is. I hate with a passion the whole idea of the suburbs. To me it represents nothing but scared White people running. Running because they are too weak, scared, and brainwashed to fight. Why should we have to flee the cities we created for the security of the suburbs? Why are the suburbs secure in the first place? Because they are White. The pathetic part is that these White people don’t even admit to themselves why they are moving. They tell themselves it is for better schools or simply to live in a nicer neighborhood. But it is honestly just a way to escape niggers and other minorities.

But what about the White people that are left behind? What about the White children who, because of school zoning laws, are forced to go to a school that is 90 percent black? Do we really think that that White kid will be able to go one day without being picked on for being White, or called a “white boy”? And who is fighting for him? Who is fighting for these White people forced by economic circumstances to live among negroes? No one, but someone has to.

Here I would also like to touch on the idea of a Northwest Front. I think this idea is beyond stupid. Why should I for example, give up the beauty and history of my state to go to the Northwest? To me the whole idea just parallels the concept of White people running to the suburbs. The whole idea is pathetic and just another way to run from the problem without facing it.

Some people feel as though the South is beyond saving, that we have too many blacks here. To this I say look at history. The South had a higher ratio of blacks when we were holding them as slaves. Look at South Africa, and how such a small minority held the black in apartheid for years and years. Speaking of South Africa, if anyone thinks that think will eventually just change for the better, consider how in South Africa they have affirmative action for the black population that makes up 80 percent of the population.

It is far from being too late for America or Europe. I believe that even if we made up only 30 percent of the population we could take it back completely. But by no means should we wait any longer to take drastic action.

Anyone who thinks that White and black people look as different as we do on the outside, but are somehow magically the same on the inside, is delusional. How could our faces, skin, hair, and body structure all be different, but our brains be exactly the same? This is the nonsense we are led to believe.

Negroes have lower IQs, lower impulse control, and higher testosterone levels in generals. These three things alone are a recipe for violent behavior. If a scientist publishes a paper on the differences between the races in Western Europe or Americans, he can expect to lose his job. There are personality traits within human families, and within different breeds of cats or dogs, so why not within the races?

A horse and a donkey can breed and make a mule, but they are still two completely different animals. Just because we can breed with the other races doesn’t make us the same.

In a modern history class it is always emphasized that, when talking about “bad” things Whites have done in history, they were White. But when we learn about the numerous, almost countless wonderful things Whites have done, it is never pointed out that these people were White. Yet when we learn about anything important done by a black person in history, it is always pointed out repeatedly that they were black. For example when we learn about how George Washington carver was the first nigger smart enough to open a peanut.

On another subject I want to say this. Many White people feel as though they don’t have a unique culture. The reason for this is that White culture is world culture. I don’t mean that our culture is made up of other cultures, I mean that our culture has been adopted by everyone in the world. This makes us feel as though our culture isn’t special or unique. Say for example that every business man in the world wore a kimono, that every skyscraper was in the shape of a pagoda, that every door was a sliding one, and that everyone ate every meal with chopsticks. This would probably make a Japanese man feel as though he had no unique traditional culture.

I have noticed a great disdain for race mixing White women within the White nationalists community, bordering on insanity it. These women are victims, and they can be saved. Stop.

Jews

Unlike many White nationalists, I am of the opinion that the majority of American and European jews are White. In my opinion the issues with jews is not their blood, but their identity. I think that if we could somehow destroy the jewish identity, then they wouldn’t cause much of a problem. The problem is that Jews look White, and in many cases are White, yet they see themselves as minorities. Just like niggers, most jews are always thinking about the fact that they are jewish. The other issue is that they network. If we could somehow turn every jew blue for 24 hours, I think there would be a mass awakening, because people would be able to see plainly what is going on.

I don’t pretend to understand why jews do what they do. They are enigma.

Hispanics

Hispanics are obviously a huge problem for Americans. But there are good hispanics and bad hispanics. I remember while watching hispanic television stations, the shows and even the commercials were more White than our own. They have respect for White beauty, and a good portion of hispanics are White. It is a well known fact that White hispanics make up the elite of most hispanics countries. There is good White blood worth saving in Uruguay, Argentina, Chile and even Brazil.

But they are still our enemies.

East Asians

I have great respect for the East Asian races. Even if we were to go extinct they could carry something on. They are by nature very racist and could be great allies of the White race. I am not opposed at all to allies with the Northeast Asian races.

Patriotism

I hate the sight of the American flag. Modern American patriotism is an absolute joke. People pretending like they have something to be proud while White people are being murdered daily in the streets. Many veterans believe we owe them something for “protecting our way of life” or “protecting our freedom”. But I’m not sure what way of life they are talking about. How about we protect the White race and stop fighting for the jews. I will say this though, I myself would have rather lived in 1940’s American than Nazi Germany, and no this is not ignorance speaking, it is just my opinion. So I don’t blame the veterans of any wars up until after Vietnam, because at least they had an American to be proud of and fight for.

An Explanation

To take a saying from a film, “I see all this stuff going on, and I don’t see anyone doing anything about it. And it pisses me off.” To take a saying from my favorite film, “Even if my life is worth less than a speck of dirt, I want to use it for the good of society.”

I have no choice. I am not in the position to, alone, go into the ghetto and fight. I chose Charleston because it is most historic city in my state, and at one time had the highest ratio of blacks to Whites in the country. We have no skinheads, no real KKK, no one doing anything but talking on the internet. Well someone has to have the bravery to take it to the real world, and I guess that has to be me.

Unfortunately at the time of writing I am in a great hurry and some of my best thoughts, actually many of them have been to be left out and lost forever. But I believe enough great White minds are out there already.

Please forgive any typos, I didn’t have time to check it.

New York prison victims need your help

AT THE VERY LEAST people living near New York State’s now infamous prison break could be getting fresh air in defiance of their governor’s ludicrous warnings to hide from the dangerous felons. Neighbors can exercise their property rights to spectate as they please and take strolls where they can to muck it up for the K9s hounding fugitives David Sweat and Richard Matt. Fellow freedom-loving itinerants could also converge upstate to force multiply the sightings of vagabond pairs crisscrossing the woods around the Clinton Correctional Facility, known in the industry as “Little Siberia”. But most certainly, lawyers of any conscience should assail the Clinton County DA’s office in defense of poor Joyce Mitchell, the prison sweatshop supervisor who may have helped the escapees, whom authorities were waiting to charge until after she’d cooperated with interrogators. Lawyers should be livid that neither authorities nor reporters bat an eyelash at Ms. Mitchell’s lack of proper counsel. Media coverage while constant is marred by omission.

Are fugitives Matt and Sweat dangerous? The media doesn’t want to detail their criminal histories other than to repeat they are murderers. David Sweat and an accomplice plead guilty to first degree murder of a sheriff’s deputy when Sweat was 22. (Who pleads guilty to first degree murder?) The deputy had interrupted a burglary, other accomplices were not charged. When Sweat was 17 he served time for attempted burglary.

While in his twenties Richard Matt killed his boss. Why and what was their line of work? The media won’t say. Matt’s previous record was as a juvenile.

Both appear to be examples of the failure of the correctional industry in handling juveniles. This prison break was the only hope either men had for escaping its clutches. The escape was nonviolent and fears that either men mean harm to others are not grounded in anything but hyperbole about how “evil” they are.

Protect and Serve …Who?


When the police show up at your door dressed like this, I assumed the ‘Protect” means for them not you. They have done a great job of selling America the “Protect and Serve” but do you really need it? In February 1955, the Los Angeles Police Department, through the pages of the internally produced BEAT magazine, conducted a contest for a motto for the police academy. The winning entry was the motto, “To Protect and to Serve” submitted by Officer Joseph S. Dorobek. In my seventy six years of life, I can count on one finger the times I’ve had to call the “Serve and Protect” guys. And that was only at the insistence of my Insurance agent who had refused to pay the claim until the police were notified.

It did not escape my attention, as I explained to my Insurance agent “Why call the police now? the burglars are already gone, along with my stuff. I’m sure most people fail to notice that the police only show up after a crime; Not before, so where then does the “Protect” come into the equation. It should also be noted; to this day, that the police have never caught the burglar or returned any of my stuff.

When I was ten years old, I and some of my friends went to the East-town theater, I saw my first Frankenstein move. That night when my mother told me to go upstairs and go to bed, I refused as I was sure Frankenstein was waiting up there under my bed to get me. I was so scared, I almost shit my pants. In my feverish state of mind, I even thought my mother was conspiring with Frankie so that he could get me. It took me a few years of growing up to figure out, Hollywood was about making movies and money, if they had to scare the shit out of a ten year boy, so be it.

The “Protest and Serve” police join a long list of groups and people who use the fear factors to promote their own agenda for their own benefit. And of course the police can protect you from most of them.

You might recall some of them; The black man is coming to rob you and take your white women, the brown man is coming to take your jobs, the government is coming to take your guns, the IRS is coming to get your money, the devil is coming to get you for sinning, but then of course you can purchase absolution from guess who?

And who among us could ever forget; “Reefer Madness” the propaganda film that was sure to send you out into the streets beginning a career of robbing and raping and those were only two of the milder things that could happen after just one puff. I’m sure the big pharmaceutical companies had much to do with this as they also had their fears of losing their addicted customers.

And of course the police were always there to protect you from all this mayhem and madness, all except the devil and IRS, these areas are covered by your local church and lawyers.

And then we come to the granddaddy of all fears; The “Terrorist” you might remember him? They were that group of rag tag guys we saw on Fox News, swinging on monkey bars somewhere over in Afghanistan. The “Terrorist” were primarily the responsibility of the US army and Geo Bush. But then we discovered some of those “Terrorist” hiding in something called a cell, here in America.

So now we would need to call in the local police departments to protect us. The Army was so appreciative of the police help, they gave much of their equipment to help protect us from this new threat. The police were always there to protect us no matter where that threat might come from.

As we saw on January 26th 2015, when this elite “Protect and Serve” police force, discover a 17 year old unarmed girl sitting in a car, in an alley on the east side of Denver, putting four bullets in her, resulting in her tragic death and suffering of all those who loved her.

It is heartbreaking to look into the eyes of this young woman, Jessica Hernandez and see her as a threat and to think she was murdered by the Denver Police Department with no repercussions to any of her killers. You might think I’m being too hard on the Denver Police Department. Well!

We have all seen those funeral processions as they wind their way to the graveyard escorted by the “Protect and Serve” police. Not quite sure why a deceased person needs protection or what the hurry is to get them in the ground but my question is; Did those same “Protect and Serve” police that murdered this young girl, also escort her hearse to the graveyard? This is just too difficult and emotional to think about.

Get a job you dirty hippie! Unhelpful advice which activists take personally.

Occupy Wall Street composed a chant to rebut the ageless heckle hurled at protesters: GET A JOB YOU DIRTY HIPPIE! After Zuccotti Park was razed and Occupiers regrouped, they offerd this rejoinder. Remember it?
    “Got a JOB. Took a SHOWER.
    We’re still occupying, speaking truth to power!”

Of course it wasn’t true, or at least whether we did or not was as irrelevant as the original misconception. But street activists come up against misguided advice much more pernicious than the crudely insulting. Consider the constructive advice from journeymen activists who’ve been at this for a long time and know how it’s done. You know the ones, who preach nonviolence or you’ll never get anywhere, as if they have a record of success or fount of experience more illustrative than the old grindstone. False history has even robbed them of the authentic lessons to glean from Gandhi and MLK. Yet even the best-intentioned of our peers caution that movements will never take hold without blablabla. This sacred cow, for instance: community outreach.

A colleague of mine recently asked about my ideas to better reach out to the African American community vis-a-vis the protests which Occupy Denver has been spearheading to show solidarity with the Black Lives Matter uprisings in Baltimore and Ferguson. At face value it’s a reasonable question as Occupy franchizes across the country have been predominantly white. At base however, the distinction is academic and the implication insulting.

In Denver, as probably in many multicultural urban centers since Ferguson, authorities have succeeded in working with community leaders to redirect street protest into the usual back channels. In Denver the spiritual leaders have kept their flocks locked in their churches. When Denver high schoolers began to stage walk-outs, school administrators put the schools on lockdown. Traditional social justice groups fell victim to academics and their identity politics diatribes. White priviledge must “make space”, in effect, step back, whether or not alternative leaders were knocking. In Denver the most significant protest entity impervious to scholatisc impotence or the wiles of religious submission was Occupy Denver. Since 2011 this ad hoc collection of protest-hardened activists could mobilize at the flick of a switch, usually through social media. By definition, Occupy refused to bind themselves to everybody else’s longstanding arrangements of detente.

Of course this persistence is not static and there are ceaseless internal pressures to conform and play for crumbs. Table scraps are sustenance after all, and all mature decisions are compromises. Adults choose lesser evils, safety nets, the bird in the hand, wisdom over altruism. Can dreamers even be sure the burning stove isn’t an adage meant to waylay us from our childish intuition about freedom? From the frying pan into the fire is more probably the forbidden roadmap to revolution.

You want to know the sage advice that burns me up the most? Comrades telling me the struggle will be a long haul. A marathon. Are you kidding me? Revolution is a sprint! We’ve got to light a fire under your ass!

In any case. Community outreach. What’s the problem? My first thought was of the criticism protesters still face everyday: “GET A JOB!” Everyone seems to have their own idea about what other activists are supposed to be doing.

On the subject of Occupy and “outreach” I offer six points:

1. Did Occupy Wall Street reach out to the community of brokers and bankers on Wall Street? It did not. Occupy was about disruption, gathering on the street and uniting activists. Community organizing was another sort of activism. Occupy was not voting, or going around trying to get out the vote, or lobbying legislators, or gathering petition signatures, or fundraising, or taking in cats, or walking in people’s shoes. All of these are perfectly constructive things, but they’re fundamental to what Occupy was not. I know it sounds mature to talk about building community and helping out and being less disruptive but those are tasks that keep conventional social justice groups too busy to occupy.

2. I am reminded of a lesson learned as occupiers coordinated their efforts. If you feel there is a task going undone, you probably should step up to do it. Others have their hands full with what they are doing. If you feel there is a deficiency and it’s important to you, fill it.

3. That said, there is an imperative not to dillute the fundamental mission. If tangential efforts drain the human resources needed for the goal that brought everyone together, then somebody is winning and it’s not Occupy.

4. Denver’s African American community already has their leaders, most of them undisposed to street activism. Occupy Denver’s community is with activists of all colors. We reach them through the message, our actions, and our unending persistance. None of these are based on color lines.

5. Occupy has many black activist allies. On the street we support them EVERY TIME regardless of whether they support us. Even if it’s “their” issue. If they are not able to rally as frequently as we can, it’s not their fault. (That is White middle class privilege.)

6. If you think the African American community is central to addressing the probem of racism, that’s a problem. It should be up to the WHITE AMERICAN COMMUNITY to shout “BLACK LIVES MATTER” the loudest of all.

Film critics toe corporate line to re-kill messenger Gary Webb, after Hollywood

Gary Webb
AT BEST “KILL THE MESSENGER” portrays suspiciously deceased journalist Gary Webb as a heroic sleuth who refused to compromise his principles. At best, the film re-reports the enormous crime which Webb exposed in his series DARK ALLIANCE, that the CIA’s support of the Nicaraguan CONTRAs in the 1980s involved facilitating the smuggling of drugs into the US, in such large quantities as to precipitate the crack cocaine epidemic, delivered to our major inner cities by the CIA. UNFORTUNATELY the film muddies the crack connection, as Webb’s detractors did back then. Two deliberate plot omissions suggest this is probably not a coincidence.

Conveniently the screenplay ends before the years when Gary Webb was able to elaborate on those links. By then he’d lost his audience. Unfortunately the film that might have given his life’s work a main stage reprise chose not to go that far. Does it matter anymore? These days the CIA and its covert cohorts are understood to have authored a litany of unimaginable evils. So it’s not too early to demonize the CIA. Evidently someone thinks the American public is not ready to be shown the racist stratagems of corportate class war.

Exposing the genesis of the crack attack on African American ghettos is clearly a missed opportunity for a film in 2014. Given Ferguson. Given the rising awareness of our government’s coordinated and premeditated containment and criminalization of dark-skinned populations. Let’s remember that while the US was fighting Nicaraguan rebels, it was also at war with the Black Liberation Army. Funding and arming drug warlords was the same strategy Brazil used to administrate the favelas, via proxy gangs. One might say that LA’s Bloods and Crips played domestic Contras set loose to destabilize community building efforts by militant Black Power.

UNPARDONABLE however are the film’s departures from the truth, which paint a curious fiction as if to indemnify the national press from its complicity with the intelligence community. Two lies will stand out to anyone who was there. (Did the filmmakers think their audience would be only millennials?)

First, the San Jose Mercury News was hardly a “local news outlet” unfamiliar with handling national stories and unknown to the average reader. The Mercury News was an award winning paper which competed with metropolitan mastheads. I can’t imagine its employees aren’t indignant by the film’s yokel characterization. The Los Angeles Times’ vindictive campaign to defame Gary Webb was hardly driven by professional embarassment over a missed scoop.

Second, the Contra-CIA drug smuggling link was suspected well before Gary Webb brought it to the mainstream. I remember during the Iran-Contra Hearings a decade earlier, the alternative media often lamented that the official investigation had been narrowed to exclude mention of the cocaine connection.

These amendments might be excused for simplifying the plot except that they minimize the breadth of the corporate identity of Webb’s censors. How very 90s of this narrative to pretend that Capitalist media outlets compete for news scoops like highschoolers at a science olympics. Newspapers and networks have always only ever peddled the themes their owners dictate. Media consolidation has only meant the manufacturing of public consent has become more uniform, perfectly illustrated by the collusion of the tag-team that hit Gary Webb.

AND AFTER HOLLYWOOD FAILED GARY WEBB, the film critics were waiting with daggers.

David Denby begins his New Yorker review by associating KTM with other crusading journalist thrillers, “some depicting real events, some not”, then pointing to director Michael Cuesta’s “paranoid” TV work, finally contriving that the film botches “many contraditory assertions.” Um, sorry, neither. But I do worry that giving all thumbs down will succeed in scaring away viewers. Denby finishes by making it all about actor Jeremy Renner, un-ironically aping the campaign waged on Gary Webb, overtly described in the film, shifting the focus from the story to all about the messenger.

The Washington Post dispatched one-time Webb adversary Jeff Leen to reprise the hatchet job begun when Gary Webb broke the story. Labeling Webb as “no journalism hero”, Leen’s rebuttal hangs on the technicality that no CIA “employees” were implicated, ignoring what everyone knows post-Blackwater, post-Wikileaks, that the US has long outsourced its crimes, from torture to food service. Dimwit.

Pueblo museum excises Mine Workers Union from Ludlow Massacre exhibit!


PUEBLO, COLORADO- 2014 marks one hundred years since the Ludlow Massacre of 1914. A variety of commemorations are planned before the formal anniversary on April 20. I attended one such event on Wednesday, a lecture by a CSU professor to footnote the “Children of Ludlow” exhibit at El Pueblo History Museum. I’m always excitied when attention is paid to Ludlow, a subject regularly left out of American schoolbooks, but I was disappointed to find key elements of labor history excised from the museum’s narrative. Literally. The United Mine Workers of America, the organization central to the strike, which supplied the tent city, and which even today maintains the memorial site, was mentioned only once, IN FINE PRINT! The Ludlow miners voted to strike because the mining companies refused to recognize the UMWA. Unmentioned. The horrors of the atrocity were not tempered, in their explicitness perhaps we think them enough, but there was also the apologist suggestion that some culpability belonged to the miners. I questioned one curator who admitted they were at pains to keep the story “balanced” and that the squeakiest wheel thus far has been the National Guard. Apparently the Guard is offended that its role will be misconstrued. What balance do they want, I wondered. Had they lost children in the “battlezone” too?

Children are at the heart of commemorating Ludlow and at the heart of this preversion of the massacre’s memory. Were they recklessly endangered by their parents and union organizers? Were they dragged into a battlezone? The museum seems to suggest as much, highlighting the beligerence of the miners, mischaracterizing the soldiers, and leaving the union actions largely unexplained.

First I’d like to declare how I tire of the objective irrelevance which results when academics seek the approval of government technocrats. I am also disturbed by educators who pretend blindness to subtle inferences which shape a political takeaway. To them, “remembering” Ludlow seems sufficient in itself. I can hardly see the point to remembering Ludlow unless we have discerned its lessons. Until we are remembering the LESSONS OF LUDLOW, our educators’ self-proclaimed raison d’etre will be self-fulfilling: “history will repeat itself.” This Pueblo exhibit suggests no lesson other than the exploitation of tragedy, and leaves me fearful about the Ludlow commemorations to follow. The anti-union, pro-military climate which prevails these hundred years since the massacre will make for a travesty of a remembrance unless someone with a worker’s perspective speaks up.

NOT BROUGHT TO YOU BY…
Let’s start with this exhibit, which alas has already escaped critique since September. Its full title, as evidenced in the photo above: “Black Hills Energy presents: Children of Ludlow, Life in a Battlezone, 1913-1914.”

I’ll bet curators thought it a measure of truth and reconciliation that the Ludlow presentation was sponsored by a local extraction industry business. Black Hills Energy trades not in coal but natural gas. In fact they’re among the frackers tearing up Southeastern Colorado. I think the irony more likely suggests how the UMWA’s starring role was left on the cutting room floor. There are generic mentions of “the union”, as at right, keeping a ledger of which families were assigned tents, but only in the fine print is the UMWA named as owning the ledger.

BATTLEZONES
More troubling is the skewed framing of the museum’s narrative. It begins with the subtitle, “life in a battlezone.” That’s taking a rather curious liberty don’t you think? The event we accept now as “Ludlow” became a battlezone on April 20, and the regional Coal Field War which followed was a battlezone to which both revenge-seekers and militia thronged, but the tent colonies in which 12,000 lived, 9,000 of whom were the children of the title role, were camps full of families. That they were straffed regularly by the guards makes them shooting galleries not battlegrounds.

Calling Ludlow a battlezone is like calling Sand Creek a “collision” or calling the Middle East a “conflict”. All of these mask the role of the aggressor.

I will credit the curators for offering a candid detail of horrific import. In a description of the day before the massacre, when the Greeks among the immigrants were celebrating Greek Easter, mention is made of the mounted National Guards offered this taunt: “You enjoy your roast today; we will have ours tomorrow.” No one should deny today that the events of April 20, which culminated in the torching of the tents and asphyxiation of women and children, was a premeditated act.

THE CHILDREN
Should the miners have put their children in harm’s way by defying the mining companies? How could they not? As immigrants they didn’t have nearby relatives to foster their children away from the random bullets. Also left unsaid by the display: many of the children had already been working in the mines and counted among those on strike. This was before child labor reforms.

Curiously, the exhibit did include a famous photograph of the notorious activist Mother Jones leading a childrens’ march through Trinidad. The caption explained that Jones wasn’t above using real children to advance the cause of Colorado’s coal miners.” Emphasis mine. While technically true in a modern context, it’s probably disingenuous to imply someone is using the children when a key issue of the demonstration is CHILD LABOR.

No really. Mother Jones was leading a march of children, many of them workers of the mines, for the reform of labor practices which abused children. This and subsequent campaigns eventually led to child labor laws. Is saying “Mother Jones wasn’t above using children” in any way an accurate characterization?

Compounding the inference that the Children of Ludlow were jeopardized for the cause, was the implication that the miners were combatants who contributed to the battlezone. As the displays progressed in chronological order, the first weapon on display was a rifle used by the miners. Immediately behind it was an enlarged photograph vividly depicting miners posed with two identical specimens.

Moving along the exhibit chronologically, anticipating the rising violence, the museum goers is apparently supposed to register that the strikers were firing too, if not first. Recent historical accounts have deliberated about who fired first. I think the motive is suspiciously revisionist in view of today’s dogma of nonviolence absolutism: if your protest devolves into violence, you deserve every bit of the beating you get.

Whenever it was that the miners began firing, the single militia and three guard casualties were not recorded until after the massacre took place, belying the narrative that the miners invited the massacre. Witnesses conflict about when the three union leaders were executed. I’ll give the museum credit for defying the National Guard in summarizing that among the casualties, three of the miners were “executed”.

PARITY OF WEAPONS
Students of the Ludlow accounts know that many of the miners were better riflemen than the soldiers. Many were immigrants who’d served in Bulkan wars and outmatched Colorado’s green guardsmen. That is not to suggest that the miners and their harrassers were equally armed, yet…

The only other weapon on display is a rifle of vintage used by the national guard. It shares a case with a uniform and sabre, lending it official authority. Also, the rifle is not presented as having been used at Ludlow, so it doesn’t project an aura of culpability. Missing is the machine gun depicted in the photograph of the machine gun nest which fired down upon the camp. It’s depicted with a caption about the Guard being a welcome presence. Missing too is the armored car dubbed the “Death Special”. Obviously the armor protected its operators from being hit by striking-miner bullets as it drove through the canvas encampment, straffing the tents with its mounted machine gun.

HUMANIZING THE PERP
Right after the photo of armed miners was the display at right, with a very contrived bit of spin catering to today’s military families. Although the photo shows soldiers actively aiming their gun at the camp, the caption assures us that the “Ludlow families feel relief with the arrival of National Guard”. This supposition is based on the fact that when the soldiers first arrived they were serenaded with the “Battle Cry of Freedom” and greeted with American flags. Most of the miners being immigrants, they were eager to show their patriotism, but the conclusion drawn here is a terrible mendacity. The miners and union organizers knew full well the purpose of the National Guard. They knew the strikebreaking role it played in famous strikes of the past. The miners feted the soldiers hoping to sway them from their eventual task. Protesters of all eras hold out this hope every time they face riot police.

A following paragraph suggested that by the time the massacre was committed, most of the soldiers had been mustered out and replaced with militia members and company guards. This is slight of hand. After the official inquiry, which was prompted by the public outcry, twenty National Guard soldiers were court martialed. All were acquitted. Is the Guard wanting us to believe they were acquitted because they weren’t there?

This attempt to put a friendly face on the National Guard, coupled with an abdication of effort to give the union its due, seems engineered to appeal to the average Pueblan of today, many probably related to an active-duty soldier and long since indoctrinated against evil unions. When I asked the lecturer about the omission of the UMWA, she prefaced her answer for the audience, explaining that unions of old were not like those despised today. I told her I thought failing to describe the hows and whys of the strike was a real teaching opportunity missed.

HISTORY COLORADO
It’s probably important to point out that the Ludlow presentation at the History Museum was developed with the assistance of History Colorado, which finally shuttered a contested display: a Sand Creek Massacre exhibit with a similar flavor of whitewash. Like labeling Ludlow a battlezone, History Colorado tried to typify Sand Creek as a “collision.”

Also typical of History Colorado is the propensity to address their exhibits to children. Programming for school bus visits invariably dumbs down what can be presented and I hardly think the compromise is worth it. If children ran the world, maybe Disney versions of history would suffice.

I’d like to have seen it highlighted that the Ludlow miners were mainly immigrants who were looked down upon by the residents of Colorado. If the museum audience were the “Children of Ludlow” in the extended sense, as a few descendants probably were, more of us were the children of the soldiers of Ludlow, or the citizens who cheered them on, or joined the militia or built the armored car at Rockefeller’s Pueblo factory. If we’re going to remember Ludlow, we ought to remember our role in it so we don’t do that again. It’s easy to pretend we were the martyrs. In all probability that’s who we will be if the lessons of Ludlow are discarded.

Springs Democrats hope democracy loses to State Senator John Morse

COLORADO SPRINGS, CO- International news headlines read “G-20 Summit Overshadowed by Syrian Crisis” but not in Colorado Springs! Here every politically active Democrat was working to defeat a recall of state senate leader John Morse, a democrat though barely. Morse is a duly elected, if unlikely, representative of conservative El Paso County, being assailed by a mutinous GOP majority angered by his stewarding of gun control legislation. The NRA has backed a blitzkrieg recall campaign, aided by local Republican officials and judges who connived election parameters designed to coax a recall victory. But who’s on the side of right, presumably with the people?

Democrats are crying foul. They’re cursing corporate money and lobbyist-villain NRA, complaining that recalls shouldn’t be motivated by ideological reasons. Really? Are recalls only for impropriety? I’d prefer corruption be answered with criminal charges, and scandal should produce resignations. I’d say ideology would be the most appropriate reason for a recall, especially if it’s about a difference of opinion about the idea of representational government.

Ironically, the underdog’s usual complaint is that incumbents are always impossible to unseat, even when they act in total defiance of their constituents. Don’t you hate that? The irony is compounded because no one will deny that the overwhelming majority in these neighborhoods oppose any abridgement of the Second Amendment right to wave guns. Senator Morse acted in defiance of that interest. Undemocratic, is what he was, as his critics accuse.

We like to vilify the NRA as the worst of special interest lobbies, but one can’t accuse them of being corporate, they’re famously supported by members! The NRA is probably the single MOST democratic of lobbying outfits. The fact that the corporate media loves to demonize the NRA should give one pause about who’s looking after who.

What’s very odd is that the NRA-backed Republicans are targeting a term-limited Democrat who has only a year left in office. What’s that about? Pundits speculate that an NRA win would be symbolic, so it’s worth the money they’re spending. Maybe. It certainly will reinforce the corporate narrative that legislators daren’t cross the NRA. How convenient.

But the recall campaign, a national story now, is not so mysterious if you think about the Kabuki nature of our two party theater. The defense campaign contrived for Senator Morse is a disquietingly artificial shade for grassroots. Against “People Against Morse” the Democrats countered with: “A Whole Lot of People For Morse”, which is certainly a catchy slogan for a politician looking to highten his visibility for a run at a next office, but for locals it lacks the ring of authenticity. What viewers outside the area don’t know is that John Morse has been a superlatively minor functionary, with a reputation for backstabbing more than leading, and certainly no one to bother defending or applauding, even if his name came up, which it rarely did.

Before this recall, people hadn’t cared enough to even think about John Morse, except to spout the usual lesser of evils rap, when there is consensus, it’s that Morse isn’t the creepiest person they knew, depending on who you asked. Now the louse has “a whole lot of people” behind him, how odd. That’s a whole lot of people who don’t care that Morse misrepresented his district, who don’t care that he’s been a war-monger right-of-center pro-industry shill. Because he’s of their party, Democrats want to propel Morse upward. And this is how malignant anti-democratic corporate bureaucrats roll into power.

To judge by the press, and the surge of effort to combat the recall effort, it appears John Morse does have “a whole lot” of support. Propaganda and amnesia.

If the recall succeeds, Americans will be shown that money does influence elections and special interest groups are adversaries to be feared. Sounds like an honest lesson. If the recall succeeds, the displeasure of the gun-loving voters of Colorado Springs will have been heard. If the recall fails, you’ll have Democrats unironically cheering against what Democracy is supposed to look like. In either event, John Morse comes out looking like somebody likes him, and that’s a step in the wrong direction for those of us without a political machine.

Have Americans overtaken the Nazis as the real benchmark for Godwin’s Rule?

Funny how Americans think the Nazis are still the ne plus ultra of evildom. Isn’t it about time we stop pretending the cruelty of Hitler’s machine exceeded ours? The US military has of course blown well past the benchmark of “Godwin’s Rule” by any measure of war crime both in quality and quantity, the question is, for how long has this been true? The initiate might think Vietnam marked our trespass into the Ugly American of infamy, our ensuing exploits in Latin America cementing our ignoble national character, but US colonial possessions worldwide know we’ve applied American moxie to a Final Solution stratagem wherever we’ve roamed. Before our westward expansion domestically, we settled with genocidal intent under a crown’s mentorship. America’s plan for its indigenous populations was the model for the Nazi relocation and extermination system, so for the Germans we were the “Nazis”. Odd how that perspective got lost in our history of WWII, our “Good War”.

Letter to Michael Moore, indelible hero, retrograde Occupy Obama supporter

Dear Michael,
I write you as a longtime, enthusiastic fan, and please pardon me if the deference and affection I’d like to convey have been overcome by my shock at your recent emails. My question may sound rhetorical, but I would really like to know: what the hell compels you to shill once again for Barack Obama? Beside the campaign pablum.

When you visited Occupys across the country, including ours in Denver, I defended you to friends who dismissed you as the usual shepherd’s crook for the Democratic Party. No no no I assured them, he gets it. But did you? We weren’t protesting eight years of Bush followed by an ineffectual Obama, we were protesting Obama and the economic system under his watch. We weren’t protesting the Democratic Party being insufficiently adversarial to the Republicans, we were protesting the corporate party system, the Democrat face being the more two-faced.

Most significantly, while our anger was vented at Wall Street, the repression we were dealt, and which dissenters continue to suffer, came directly from the agencies of President Obama.

Yet now you presume to accuse the same audience of cynicism about the election, and urge us to support Democrat Obama, the wolf in sheep’s clothing, out of fear of the Big Bad Wolf, as usual Republican.

Maybe as the election draws to a climax you’ve become privy to an unseen power struggle you need to tell us about. Because it’s at odds with your earlier giddiness with Occupy. Then your enthusiasm was unclouded by your pragmatism today.

Please do tell, because Mitt Romney seems more a sheep in wolf’s clothing to me. He’s a cartoonish straw man villain spouting wedge-issue threats to scare us crows from lighting upon the real corporate agenda. The banking kleptocracy doesn’t care about gay/women’s rights except to restrict all rights, the easier to pursue its grand thefts. If the GOP had wanted to pick a winner, I’m certain the average doctor or teacher you come across everyday would have made a more suited contender.

Could the GOP have chosen a greedier more callous thug, who didn’t pay his taxes, tainted by so much scandal that a new one emerged every day to titillate and offend? Obama had to sluff the first presidential debate because they’d chosen such an unbelievable, lame duck opponent that the ratings threatened to tank.

When the Neocon Washington Post endorsed President Obama, I knew the stooge from the ringer. The empire would be screwed without Obama to placate its victims. As Glen Ford argues, Obama may appear the lesser evil, but he’s the more effective evil. He’ll sell what arrogantly-white Romney never could: more war, austerity, privatization, fossil fuel. Without Obama, the global populace would push back.

I don’t favor a Romney win, but for another reason than you. A Romney presidency would mean another cycle of voter outrage, with MoveOn once again rallying Democrats, as if they were any different, and you probably among them.

But the election is not even going to be close. The six billion spent on this election was six billion earned by the media by pretending the polling was tied, to extort more spending by both sides. Meanwhile horseless statistician Nate Silver is vilified by television pundits because he’s calculated that surprise, Obama has a comfortable lead over his bogeyman idiot challenger.

Yes I know multitudes who support Mitt Romney. Four years ago they got nowhere with John McCain, because the juggernaut of empire was already up to full steam with Obama. I confess I didn’t know it then, and fretted a GOP win like everybody else, but it didn’t keep me from voting for Cynthia McKinney against war and climate change.

You began your letter by saying “I get it” but then assume we non-voters are motivated by apathy or weariness. You’re the one who sounds worn down. Bummer.

Yours,
Eric

For Presidential Debate No 2, your reflection on television is dumber than you appear

If Mitt Romney’s candidacy serves one purpose, it’s to highlight what fools Americans have become. Without question, Romney shows his supporters to possess a thinking deficit virtually unfathomable. But more dispiriting, Romney’s opponents run from him like Team Scooby Doo from a masked ghoul, Saturday after Saturday never wiser. Tonight’s second presidential debate was no exception, with Romney contriving ever more spookier hogwash, to an audience and media taking it seriously. As a result tonight, people who otherwise pretend to know better were cheering for a “clean coal” fossil fuel president who’s “all about pipelines” because they’re afraid of a GOP foil who can’t prove he’d be better than Bush. If tonight’s town hall questions were vetted, can we not guess they were also ordered? Two subjects, the so-called Libya debacle and Anyone-but-Bush, seemed pedestrian enough to boost the illusion of reality television, but suited campaign camps rather equitably. Are we to believe Romney was left to improvise deficient answers? Any middle schooler could disprove Romney’s math, but that’s probably more schooling than we can attribute to the corporate media’s pretend audience. The public, polled to believe they’re as dumb as the level to which pundits condescend, think they have to chose a lesser of two color-coded evils. Most people, uncomfortably above the charade, are given to conclude that America’s foolish public could never govern itself, demand a responsive leader, or even crawl unaided from a paper bag. And that’s to confuse reality for television.

Next, illustrious talking heads pronounce the winner. NPR had this handicap prepared to suggest a Romney win: it was a tie, but a tie is a victory for the last person in the lead. Then come the fact-checkers, as if a debate is adjudicated based on facts. Are we really to expect that either candidate does not know the facts? A lie on national television used to mean immemorial disgrace.

Steve Bass to get his day in court, but he can’t say what he was doing or why, & above all he can’t mention “Occupy”


COLORADO SPRINGS, Colo.– Municipal Court Judge Spottswood W. F. Williams heard a final motion today before the AUGUST 10 trial of Occupier Steve Bass, charged with violating the city’s camping ban. The prosecution motioned to forbid from trial, “discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts”, and even “arguments related to the belief that the defendant’s conduct was constitutionally protected”, and in true Colorado Springs fashion, the judge GRANTED the city’s motion! YES THAT’S RIGHT, now if Bass wanted to say he wasn’t “camping,” he can’t say what else you would call it! In effect, Defendant Bass is prevented from explaining WHY he was occupying, or even THAT he was occupying, because saying “OCCUPY” is expressly forbidden. The judge will play it by ear whether to make an exception for himself during “voir dire” if selecting impartial jurors might require asking their opinion of “Occupy”. That’s IF BASS GETS A JURY AT ALL, because next, Judge Williams prompted the city prosecutor to research whether Bass was entitled to a jury of his peers for the infraction of camping…

The issue had already been resolved in an earlier hearing. Unable to find definitive wording on whether a camping ban violation invoked the right to a jury trial, the court ruled to proceed as if it did. But at today’s hearing Judge Williams related that in the interim over a casual dinner conversation, another judge informed him that the law read otherwise. So he put the question again to the prosecution. And again the citations came up inconclusive. This time however, with the clerk advised to continue the search, the decision stands at “pending”.

If Judge Williams opts to eliminate the jury, the forbidding of political or constitutional discussion is a moot point, actually two. There won’t be a jury to confuse, nor a judge either, because Judge Williams decided, by allowing the city’s motion, that the defendant has no arguments to make. Case closed. If the judge gets his way.

The point of today’s hearing was to hear not a judge’s motion but the city’s, a “motion in limine” used to reach agreement about what arguments can be excluded from the trial, often a defendant’s prior convictions which might prejudice a jury.

The core of the city’s motion was this:

…that the Defendant be ordered to refrain from raising the following issues at the Jury Trial…

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury;

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct;

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum;

4. Any reference to settlement negotiations with the Defendant prior to trial;

The city is guessing that because defendant Bass has passed on all opportunities to dismiss his case on technicalities, or plead for a deferred sentence, that he’s hanging on to get “his day in court.” Whatever that’s going to look like, the city doesn’t like it.

Points three and four were conceded by the defendant. No proselytizing was intended, and of course plea deals are confidential. But the discussion of #3 was amusing, because the city expanded it to mean absolutely NO MENTION of “Occupy.” Even though the defendant was cited in ACACIA PARK, in OCTOBER, under 24/7 media coverage, the prosecutor argued that mentioning OCCUPY “would be unfairly prejudicial to the City.” Further:

To admit evidence related to any political, economic, and religious debate concerning the “Occupy Movement” at trial in this matter would result in prejudice, confusion, and a waste of Court time. By allowing such testimony, the jury would be misled as to the elements of the charged offense which would result in confusion during jury deliberations. Furthermore, the prosecution would suffer unfair prejudice if the jury were allowed to consider the defendant’s private ideology…

Not only did the city fear it would lose a popularity contest with “Occupy”, it worried that the courtroom would be abused by public debate. The point was ceded by the defense because the “primary purpose” would always have been to present defending arguments, not proselytize.

The City’s request is that the Court be treated as a forum for resolving criminal disputes and not as a public forum for debate. Political, economic and religious debate should be restricted to appropriate public forums.

The prosecutor raises an incongruous irony: Steve Bass is on trial because the city doesn’t consider Acacia Park to be an appropriate forum either.

Naturally the defense objected to points one and two, though on the three particular defense strategies the city wanted to preempt, “Choice of Evils Defense”, “Defense of Others”, and “Duress”, the defense ceded as irrelevant. Judge Williams then granted points one and two with the proviso that Steve Bass be permitted to draft his own defense argument, to be presented to the court no later than the Wednesday before trial. Did you know that a defendant must have his arguments approved by his accusers before he’s allowed to make them in court?

I’m not sure it’s accurate to say that Steve Bass is going to get his day in court if he’s going to spend it gagged.

Was Steve Bass arrested for “camping” or was the city trying to curtail “Occupy”? Let’s remember that Jack Semple and Amber Hagan were arrested for taping themselves to a tent, and Nic Galetka was arrested for setting his things on the ground.

But Steve Bass won’t be allowed to mention those details.

———-
FOR REFERENCE: The city’s full motion is reprinted below:

MUNICIPAL COURT, CITY OF COLORADO SPRINGS, COLORADO

PEOPLE OF THE CITY OF COLORADO SPRINGS, Plaintiff
v.
Steven Bass, Defendant

Case Number: 11M32022

MOTION IN LIMINE

COMES NOW the Office of the City Attorney, by and through Jamie V. Smith, Prosecuting Attorney, and submits this “Motion in Limine,” moving that the Defendant be ordered to refrain from raising the following issues at the Jury Trial in the above-captioned matter:

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury;

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct;

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum;

4. Any reference to settlement negotiations with the Defendant prior to trial;

ARGUMENTS IN SUPPORT OF MOTION

1. Discussion of political, economic, or religious beliefs or ideology as a purported justification for the alleged acts, or as an issue to be evaluated by the jury.

The Defendant is charges with violating Section 9.6.110 of the Code of the City of Colorado Springs, 2001, as amended (“the City Code”), entitled “Camping on Public Property.” Political, economic, or religious beliefs or ideology are not relevant to any of the elements of an alleged violation of City Code Section 9.6.110, nor are they relevant to any potential defense to that City Code Section.

City Code Section 9.6.110 makes it “unlawful for any person to camp on public property, except as may be specifically authorized by the appropriate governmental authority.” Testimony or arguments irrelevant to the elements contained in that language should be exclude from trial. C.R.E. Rule 401 defines relevant evidence as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probably than it would be without the evidence.” Evidence and argument regarding political, economic or religious beliefs of ideology have no bearing on the offense charged and do not meet the definition of relevant evidence.

Even if some discussion of these issues could be found to be of limited relevance, such discussion would only serve to confuse the issues and waste the court’s and jurors’ time, and would be unfairly prejudicial to the City. C.R.E. Rule 403 allows relevant evidence to be excluded when its admission would cause prejudice, confusion, or waste of time. To admit evidence related to any political, economic, and religious debate concerning the “Occupy Movement” at trial in this matter would result in prejudice, confusion, and a waste of Court time. By allowing such testimony, the jury would be misled as to the elements of the charged offense which would result in confusion during jury deliberations. Furthermore, the prosecution would suffer unfair prejudice if the jury were allowed to consider the defendant’s private ideology, as it is not an element that the prosecution must prove. Time and resources of the Court would also be wasted by allowing such testimony.

Furthermore, this Court denied the defendant’s “Motion to Dismiss-First Amendment,” on June 7, 2012, holding that City Code Section 9.6.110 is content-neutral, and that the defendant did not have a Constitutionally protected right to express his views in the manner that he chose on the date of the violation. Therefore, the sole issue before the jury is whether or not Mr. bass was camping on public property without appropriate governmental authority. Any evidence concerning political, economic or religious views that he was attempting to express through his conduct has no relevance whatsoever to any of the elements of the offense.

Discussion of the “Occupy Movement” as a political, economic or religious issue is also irrelevant to any potential defense which could be raised in this matter. Economic, political and religious beliefs or ideology are irrelevant to the following defenses that the Defendant might attempt to raise:

a. Choice of Evils Defense. C.R.S. Section 18-1-702(1) provides, in pertinent part, that “conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur… .” The statute goes on the state in subsection (2) that “the necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder.” (Emphasis added.) Subsection (2) also states that:

[w]hen evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

The choose of evils defense “does not arise from a ‘choice’ of several courses of action, but rather is based on a real emergency involving specific and imminent grave injury that presents the defendant with no alternatives other that the one take.” People v. Strock, 623 P.2d 42, 44 (Colo.1981). in order to invoke the “choice of evils” defense, the Defendant must show that his conduct was necessitated by a specific and imminent threat of public or private injury under circumstances which left him no reasonable and viable alternative other than the violation of law for which he stand charged. Andrews v. People, 800 P.2d 607 (Colo. 1990).

There has been no allegation by the defense, and no facts in the police reports previously submitted to this Court, that allege a specific and imminent public or private injury would occur if Mr. Bass had not erected a tent on public property. Furthermore, reasonable and potentially viable alternatives were available to Mr. Bass to achieve his goal, such as picketing and handing out literature, on the date of violation. This was accepted as true and ruled upon by this Court at the motions hearing on June 7, 2012. it should also be noted that no state “has enacted legislation that makes the choice of evils defense available as a justification for behavior that attempts to bring about social and political change outside the democratic governmental process.” Id. at 609; see also United States v. Dorrell, 758 F.2d 427, 431 (9th Cir. 1985) (mere impatience with the political process does not constitute necessity).

b. Defense of Others. C.R.S. Section 18-1-704 describes the circumstance under which the use of physical force in defense of a person constitutes a justification for a criminal offense. Subsection (1) of that statute states, in part, that “a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person…”. The defense does not apply considering the allegation in this case. There is no allegation that the Defendant was using physical force to protect himself from unlawful force by another at any time during the violation. Furthermore, no unlawful force was used or imminently threatened against any third party that would allow the Defendant to raise the defense.

c. Duress. C.R.S. Section 18-1-708 defines duress as conduct in which a defendant engages in at the direction of another person because use or threatened use of unlawful force upon him or another person. Duress does not apply in this case. There is no evidence that anyone was using or threatening to use unlawful force against Defendant or any third party to cause the Defendant to commit a violation.

2. Presentation of facts or arguments related to the belief that the defendant’s conduct was constitutionally protected expressive conduct.

Any claim by the Defendant that his conduct was protected by the First Amendment of the United States Constitution is not a proper issue to be raised before the jury in this case. This is a constitutional defense that was already raised by the Defendant in his “motion to Dismiss-First Amendment,” and which was denied by this Court on June 7, 2012. The Court ruled as a matter of law that the Defendant’s alleged conduct was not a constitutionally protected form of expression.

3. Presentation of facts or arguments with the primary purpose or effect of proselytizing for the occupy movement, or otherwise using the Courtroom as a public forum.

It is anticipated that the Defendant will attempt to use this trial as a public forum to assert his political, economic, and religious views on the “Occupy Movement.” Courtrooms are not public forums. People v. Aleem, 149 P.3d 765 (Colo. 2007). This Court has the authority to restrict political speech within the courtroom and preserve its purpose as a forum for adjudication of criminal disputes,m so long as the restriction is reasonable and viewpoint neutral. Id. The restriction requested by the City is both reasonable and viewpoint neutral. The purpose of this Motion is to limit the evidence presented in this matter to the offense charged and potential defenses thereto. The Motion is also viewpoint neutral as the City is not taking a stance on political, economic, or religious issues and would not request that the Court do so either. The City’s request is that the Court be treated as a forum for resolving criminal disputes and not as a public forum for debate. Political, economic and religious debate should be restricted to appropriate public forums. To allow Defendant to raise thee issues would be contrary to legal precedent and the rules of evidence.

4. Any reference to settlement negotiations with the Defendant prior to trial.

C.R.E. 408 excludes from permissible evidence compromise or offers to compromise. Plea negotiations fall under this rule and may not be discussed in the presence of the Judge or Jury.

Question for the Green Cities Coalition: How “green” is alcohol?

My friend Lotus has a few words for the Green Cities Coalition, the so-far irrelevant activist hub which purports to speak for the region’s environmentalists. One of their number will be debating a fracking proponent on Thursday, where the public will see firsthand whether the GCC is a fighter or pushover against the local global warmers. But Lotus questions why the GCC always meets in bars, and I concur. From “Geeks Who Drink” to “Drinking Liberally”, maybe our city probably owes its paucity of effective activists to the delusion that they’re getting somewhere by drinking.

Here’s what Lotus sent in reply to their latest email invitation to “Happy Hour”:

To so called Green Cities Coalition,
 
Does the so called Green Cities Coalition have a contract with the local bars to promote, to advertise, alcohol? Is this a source of revenue for GCC? Is that why GCC puts such a sick and inaccurate phrase (Happy Hour) in the subject of your widely circulated emails?

I have never attended a Green Cities Coalition function thus far, and will do my best to avoid your organization, and to avoid promoting GCC so long as you continue to promote the use of alcohol, and especially the Orwellian double speak use of the word “happy hour” (sic). There is nothing happy about alcohol for a very large number of the users. According to the National Association for Children of Alcoholics about 43 percent of the U.S. population has been exposed to alcoholism in their families; and about one in eight adult drinkers in the US consumes alcohol problematically or alcoholically. (Which might explain in part why many of your members apparently need to meet in bars and promote alcohol.)

In my own life I have seen lots of relatives, employees, and friends and tons of strangers destroyed physically, mentally, and spiritually to one degree or another – often completely or almost completely destroyed – by alcohol. None of the people currently attending AA meetings is likely to be able to attend Green Cities Coalition functions either because your functions are so often held in bars, where alcohol is present, and because you so often promote alcohol. The same goes of Mothers Against Drunk Drivers. So all of these people are excluded from all or most of your so called green functions.

Do a computer search for AA meetings in Colorado Springs, Denver, etc and you will see that there are thousands of AA meetings in these cities every week. Probably millions of people attempting to undo the damage that alcohol has done to them.

If Green Cities Coalition members are so addicted to alcohol that they are unable to have green functions without mixing them with alcohol, then please leave me off your email lists, and please stop calling yourselves green. Call yourselves black instead, which is often the color used to symbolize evil, for that is what alcohol is for millions of people.

I suggest you promote and consume green raw smoothies instead! If you do not know what these are, which is probably the case, then do a search. Why not promote the creation of a health food restaurant that serves green smoothies in competition with the hundreds of unhealthy bars in Colorado Springs? Stop promoting the bars (which serve not only alcohol but junk food) and start promoting health – green smoothies, health food restaurants.

Lotus

Ayn Rand SUCKS!!!!!!!!!!!!!!!

Let me first begin with how I was exposed to Ayn Rand. I am in high school and awhile back my teacher was doing a course on homelessness. In a ‘prompt’ that she gave me as to what are the causes of homelessness, I answered CAPITALISM. A week later I was astonished to get back my paper with a Zero. I showed this to many people all of whom agreed that it was in no way deserving of a zero. My dad and I took this question as to why I had gotten a zero on  my paper to the teacher. I wasn’t expecting much but even after one hour of asking my English teacher why I had gotten a zero on my paper she had no reasonable answer other than that I had not followed the ‘format’ correctly, even though I had a previous organizational sheet on which I based my writing on following her format. she ended by saying I was a horrible writer;  we gave up trying to get to through to such a numbskull.

I didn’t quite understand why she had given me a zero until a couple months later, and so began my experience with Ayn Rand. My teacher took us to get the book. As I read the summary I knew it would be some sort of method for her and d-11 to push their politics on students;  however I had no previous knowledge of who Ayn Rand was.  The next day in class she gave us a powerpoint on the background of Ayn Rand and what the book Anthem was about. It was filled with negative comments on communism including that communism supposedly takes away knowledge, individuality and free expression.   As I was assigned to read more and more of Ayn Rand I realized how horrible of a writer she was. I started to listen to Ayn Rand’s interviews. I then understood that  they were forcing me to read a writer who didn’t believe in helping anyone, because she was a racist, a nationalist and a pure evil witch. These interviews can be found on <youtube> and <bluecorncomics> among many other articles revealing Ayn Rand to be a racist.

The more and more I read into the book the more i was infuriated at the pure ridiculousness and hypocrisy of it.  In the ending chapters it is written by Ayn Rand that

“The word WE is the lime poured over me, which sets and hardens to stone, crushes all beneath it, and that which is white and that which is black are lost equally in the grey of it. It is the word by which the depraved steal the virtue of the good, by which the weak steal the might of the strong, by which the fools steal the wisdom of the sages. What is my joy if all hands, even the unclean, can reach into it? What is my wisdom if even the fools can dictate to me? What is my freedom, if all creatures, even the botched and the impotent, are my masters? What is my life, if I am but to bow, to agree and to obey?”

As i read this I wasn’t sure whether to laugh, throw up, or rip the book apart . I was sickened by how when I had expressed my “free speech” I was given a ZERO; by how I had to read an author who believes being selfish is  a virtue. And by how every day, whenever I went to class instead of being taught English literature I got the teachers Right Wing, anti-communist politics thrown into my face. Each time a question on the book was asked I didn’t hear an opinion on whether the book was good or bad i only heard questions on how communism takes away individuality and how  Ayn Rand is right on what her idea of what communism is? I said the teacher was expressing personal opinion and the whole class started to yell at me to shut up. I got so alienated and depressed after they  said that communism makes robots, and brain dead people  even though I couldn’t find more brain dead robots as hard as I looked than the ones that were sitting right next to me.

I couldn’t take the class anymore as it was an insult to who I was, what I believed in, and all the people I respected were continually insulted and lied about. I started skipping the class after my dad not only talked at a school board meeting but also to my assistant principal, in both cases we were given the cold shoulder and treated horribly rude. I decided to go to the class again and deal with it. As I read the quote given above in that class and as I looked around i became terrified of being like them. I was torn between staying and swallowing my believes and to be JUST LIKE THOSE SHEEP or to get up and leave. The overwhelming fear of being lost into them made me get up and walk out of the class. Later that day the assistant principal took me out of a class and made me feel like an outsider, like a weird person that needed to be put in a psychiatric hospital. I complained that I was being pushed politics in a public school and his response was that no other students felt like I did. When I told him that the teacher had given me a zero and was now failing me out of the course, who had said I was a horrible writer; he said He didn’t believe me and that I was wrong. He told me that if I was to walk out again I would have to deal with the consequences even though he wouldn’t deal with a teacher pushing politics.   He smiled as I cried for being  looked at as being an idiot and a weirdo kid ; it took me about two hours to get with it. We continued to try to get me switched out of the class, which finally we did only to find that Ayn Rand was being taught in that course too and  in all English classes for that matter.

I realize I will probably never get them to change, to respect students, parents and INDIVIDUALITY. But this  continuing fight which is probably the hardest I’ve ever had to fight proved to me that I would stand up for myself against a herd of flesh eating zombies, that I would NEVER BE LIKE THEM . And I felt pride in knowing I stood up to being brainwashed by  anti communist right wingers.