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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

March on DC with your own protest message, not one dictated by NGOs. Yes, you’ll need a banner and poles.

Denver Womens March 2012Organizers of the post-inaugural WOMEN’S MARCH in Washington DC this weekend are telling participants not to bring poles for signs or flags, or even knapsacks. Ha ha ha. As you travel across the country to march, remember who’s making the real sacrifice. The march coordinators are paid. You are spending the time and expense because you have something to express. Bring it. The only reason organizers want you unequipped is so your [rogue] message won’t stray from theirs. Does that sound democratic? They also have a different goal than you. Their mission is to pull off a smooth event. Yours is to make history.

As a veteran of countless protest marches, national, regional and international, I encourage newcomers to stick to their nonconformist inclinations. Independent critical thinking is what led you to take action in the first place.

To begin, THIS IS YOUR MARCH.
Washington DC belongs to you. Inauguration Day and its aftermath belong to you. Just because someone squats a Facebook event on a day conducive to public gathering doesn’t give them dibs to call the shots. A stand-alone call to arms, such as MLK’s Million Man March or CodePink’s A Billion Rising, is another matter. Spontaneous uprisings against historic events are no one organization’s to control or temper. Especially if they begin with capitulations to the state.

Here’s the usual pattern. After a FB event goes viral, nonprofit activist groups jump in to offer their expertise, resources and manpower. The nonprofits thus dominate the details and the event originators have little ground to object. Thrilled to see “their” event succeed, these new-to-the-spotlight activists don’t know that street protest is anathema to nonprofits whose existential foundation is not to disrupt politics as usual. Falling into the trap of coordinating ineffective demonstrations is often blamed on newbie error, but in Washington DC, newbies making the newbie mistakes are employees of nonprofits seeded to pretend the event had a grassroots origin. What the NGOs are really doing is setting a prescribed burn, or backfire.

Backfire: a fire set intentionally to arrest the progress of an approaching fire by creating a burned area in its path, thus depriving the fire of fuel.

Bastards! Fortunately backfire has a further meaning, probably not unrelated to the sketchy forestry strategem.

Backfire: rebound adversely on the originator; have the opposite effect to what was intended.

Just as DC lobbyists monopolize your representatives, professional activists have staked out the capitol and squatted on what is the public’s only access to speak to power. Accept their invitation to come to DC. Thank them for their legal support, their logistics and water bottles, but you’ll handle your messaging thank you.

NOTES FOR NEXT TIME
(If you’d prefer not to dwell on criticism, please skip to the section on RULES. For me, these counterproductive “mistakes” set us back every time we give them a pass.)

1. Telling participants they can’t bring stuff like food or chairs! The event’s duration is being throttled to what can be endured between meals, without a pause for rest. Do you go to meetings without chairs? In the cold outdoors one can’t even sit on the ground.

2. Hiring private security contractors, “some identifiable, some undercover”. WTF? DC’s cops, National Guard, Secret Service, and “Shadow Teams” aren’t enough?

3. Coordinating with police. What? What?! To whom Black Lives Can’t Even Matter? Sorry no.

4. Stifling expression with limits on how to carry signs. Without sticks. “Flags but without poles.” Restricting marchers to signs reinforced with only cardboard tubing. Viewed from a perspective to show the numbers, the march will bear no legible message at all.

5. Telling marchers they must handcarry small bags. You’d think they don’t want marchers’ hands free to carry signs at all.

6. Stooping to a permit, as an excuse to self-police and make participants feel honor bound to unecessary concessions (the permit terms). You don’t need a permit for First Amendment activities. NGOs use permits to effectively reserve public areas and restrict their concurrent use by others. It’s a means to control public space.

7. Scheduling the march on the day after the main event, in time to disrupt nothing. Diluting the inherent outcry, expending from everyone’s discretionary resources to converge on DC. As a result we’ll have two mobilizations. Both massive, hopefully, intead of one which could have TIPPED THE SCALE.

RULES ARE
Meant to be broken. Permit holders can enforce rules within the confines of their event area, with the assistance of authorities if needed, but not outside it. Organizer “rules” can’t be enforced on Metro, or on public streets, or along march route. DC police may pretend they have that authority but they don’t. Cops lie. Know your rights.

To hold a sign where it’s visible in a march, and big enough to where it can be seen among multitudes, you need poles.

BRING POLES.
There is no safety reason whatsoever, in Washington DC, for forbidding the use of sign poles. We’ve seen pole restrictions attempted at national conventions, in close-in urban areas with vulnerable storefront windows, but Washington’s boulevards and setbacked facades evolved with political marches. Demonstrations, parades and motorcades are everyday for DC. Your sign poles pose zero threat and you don’t have to relinquish them. Not Post-911, nor in the Age of Trump. If an NGO-deputized cop won’t allow your entry to their rally, their privatized-park, have someone wait with the contraband outside its bounds. Banners are best seen on the edges of rallies anyway. When attendance numbers reach overload, you’re golden. Move with the numbers. Otherwise wait and join in as the march departs from the rally.

What’s best for poles? Lengths of bamboo from garden nurseries. Bamboo is stiff, light, and utterly non-threatening. Eight footers will hold a banner above marchers’ heads while still allowing you to rest the poles on the ground when the march lags. Six foot lengths give you adequate leverage to keep the banner taut but are more work. Either are cheap and expendable. Bring extra. Bamboo are thin enough to hold reserve pieces bundled. You can grasp a bundle of three as readily as a single pole. Those extra poles can be allocated as you see other marchers in need.

Let’s rule out pipe, lumber and dowels for being too heavy. Broom handles are expensive. Wooden stakes are uncomfortable and too short, and apparently, too “pointy”.

Various widths of PVC are rigid enough to about eight feet. Steel electrical conduit can give you ten feet. Both are cheaply available at neighborhood hardware stores. The baggage holds of charter buses can’t accommodate pieces over eight feet.

Alternatives to fixed lengths poles would be telescoping poles such as hiking sticks or monopods. Usually these do not extend beyond five feet. Longer telescoping tool handles used for painting for example extend but won’t contract to shorter than five feet or so.

Sectional poles such as geodesic tent poles can be folded to different length permutations. Depending on the weight of your banner material, multiple tent poles may be required to provide sufficient stiffness.

The benefit of collapsible poles is that you can conceal them until you are ready. Provided you have a BAG.

BRING A BAG
There are plenty of ordinary reasons to need a bag. Lunch. Extra layers of clothing. Hat, sunglasses, bandana. Extra gloves, hand warmers, snacks, literature to share, stuff handed you at the rally.

As a banner holder you’ll need supplies like duct tape, markers and string to fix signs, and those aforementioned extra tent poles. Maybe a backup banner or gag props for an alternative photo op.

We bring bags to work, school and play. Who expects that a day traversing DC doesn’t call for a bag?

Don’t be fooled into believing that for safety reasons all bags must be clear plastic. DC surveillance can spot the excess heft of dangerous materials such as explosives or weapons, without having to see them. What they’re really looking for are items like ropes, carabiners, harnesses, goggles, which activists can use for nonviolent fun, to mix things up and entertain, provide media moments and get attention.

Besides which, clear bags will make for unsightly messy photos. Neither does your bag need to be restricted in size. Bring a backpack or knapsack. Leave your hands free to carry that sign!

The best reason for you to shoulder an ordinary opaque knapsack is to give cover for others to bring bags with necessities you overlooked. Cameras, accessories, extra socks, bullhorns, batteries, umbrellas etc.

There’s nothing so heartbreaking as a mass of people who’ve come from across the country to participate in a march that goes nowhere. An uneventful demonstration garners no press, wins no recruits, and only burns out those who thought they came to DC to effect change.

I watched half a million hispanic Americans assemble on the National Mall for Immigrant Rights. Many of those half million took a great risk marching in DC. It’s possible many as a result were deported. They could only follow the rules of course, received no media coverage, and accomplished fuck-all.

BRING CHAIRS
Come to DC with a demand, but bring more than the leverage of numbers. Carry with you the potential that you might LINGER. That’s the pressure the media can’t ignore.

Chairs, umbrellas, canopies, tents, enhance your stamina and protect you from the elements. The longer your protest runs, the more time there will be for latecomers to join in. That’s the momentum the state is worried about. Project that.

“Power concedes nothing without a demand. It never did and it never will.” – Frederick Douglass

Douglass also said: “If there is no struggle, there is no progress.” Your march organizers have promised their DC colleagues a toothless beast. It’s not what they tell their donors, nor how they phrased their invitation to you. You brought your physical body to DC to support the cause. Is it theirs to squander?

Clean Energy march opens DNC 2016

Clean Energy March, July 24, 2016
PHILADELPHIA, PA- Sunday’s successful march kickstarted public demonstrations against the 2016 Democratic National Convention in Philadelphia. Thousands called for environmental justice on the eve of the nomination of pro-fracking, pro-pipeline, pro-war-for-oil Hillary Clinton. The banner brought by Denver Occupiers “THINK OUTSIDE THE CONVENTION” dominated the photopress coverage, thanks to a great AP image carried around the world. It was a good thing too, because “Clean Energy” is a bit of a muddy concept, isn’t it?

The event was sponsored in part by the Sierra Club and Food and Water Watch, known to accommodate fracking as part of their Big Greens “let’s be realistic” about what what environmental actions can achieve. I’m not convinced that the average tree hugger has come to favor “clean” over the lesser-descript “green”, but energy industrialists cerainly like clean. They’re confident they’ve squarely branded it with natural gas. The clean coal industry is still making a play for it too.

Though the marchers on July 24 were unanimously against fossil fuels, participants may have been hoodwinked into believing they can reclaim the word “clean” from corporate advertizing and its captive media. I doubt it. This is the same argument for reasserting ownership of the American Flag from the America Fuck Yeah pro-war patriots. No. You retire the Swastika, you don’t rebrand it to mean something transformative. Someone pushing to rehabilitate the swastika is a Nazi.

Also typical of demonstrations coordinated by Big Greens, the march on Sunday didn’t go to the DNC. Instead it went Eastward, from City Hall for Independence Hall, for a rally in sweltering heat –and unshaded sun– that will incapacitate many participants from the next day’s march. The Big Greens know from their membership rolls that the average age is elderly.

A real democracy would elect Trump

A friend of mine used to say “You know who has their finger on the pulse of America? Walmart.” Materialism on the cheap, zero social responsibility. It’s true of American television, fast food, urban planning, everything USA. We sell immediate gratification, that’s it. Success in America under declining capitalism has become courting only the lowest common denominator. I can wish it was otherwise, you can lecture it to death, but Cracker culture: insipid, racist, xenophobic culture is American culture. Love yourself, hate everybody who isn’t you. For many successive Me-Generations, narcissism is WHAT MAKES AMERICA GREAT. The American mass doesn’t want an Obama hued panel of multiculture-splainers saying America must be anything but stupid indulgent. An intelligencia’s repulsion at Donald Trump and his common denominator campaign goes without saying, but it can’t fault his sales pitch. Trump is tuned to win. Feel rueful about the lumpen masses, but you’re being undemocratic.

HOW TO GET OUT OF JURY DUTY

[Disclaimer: Jury duty is a service we owe our fellow citizens. It is a critical community responsibility. That said. If you really absolutely can’t. This instructional allows you to make an alternative civic contribution.]

Here’s how to get out of jury duty. GUARANTEED to work. I just did it and you can too, without getting into trouble, without feeling like you’re not being a responsible member of society, and while providing a laudable service to other prospective jurors in the courtroom, not least of all to the defendant.

Please note: This doesn’t work for civil trials. To get yourself out of adjudicating a civil dispute you need a pressing previous engagement. For criminal cases, this single spoken line will make defense attorneys love you but more to the point, city prosecutors will immediately wipe you from the list and hope you never show up to pee in their jury pool again.

I’m talking about being an apostle for “jury nullification”. That’s two words, and they’re fully legal. But please, please, do explain them or you really will be copping out. You have a constitutionally guaranteed right to talk about jury nullification. And where better than in front of prospective jurors about to take responsibility for a defendant’s fate?

Here’s how it works. Every jury selection involves “voir dire”, where attorneys question potential jurors to weed out difficult ones. During every voir dire the prosecution will ask “Is there anyone here who cannot follow what the judge instructs you to do?”

Take a deep breath, raise your hand, that’s your cue.

The prosecutor will likely elaborate, to pretend you may have misheard. “Does anyone think they don’t have to reach a verdict based on the judge’s expert instructions?”

The prosecutor may have already explained that jurors are often surprised to find their own interpretation of the law at odds with that of the judge. Regardless of personal feelings, the prosecutor will insist, jurors must weigh the evidence according to the law AS INSTRUCTED.

Your hand is still raised. You answer:

“Not really. The legal principle of jury nullification holds that it’s a citizen’s responsibility to consider their conscience in whether or not a law is applied or how it is applied.”

A foolish prosecutor will ask you to explain, and you can.

“Jury Nullification is the only way that people have changed repressive laws in this country. The decision to discard unfair or abusive laws is made by juries who refuse to enforce them. Jurors, for example, who came to feel that maybe it shouldn’t be illegal for slaves to run away from slave owners.”

At this point you are essentially contaminating the jury with a very subversive idea. Though you’ll be eliminated, the concept will hang in the back of the other jurors’ heads. If the prosecutor wants to hear more, or wants to debate, let them have it.

“The constitution guarantees us all the right to a trial by a jury of our peers. Not a jury composed of judges. Of peers. That’s us. Common citizens, like the defendant. A jury of peers are meant to provide parity against an abusive justice system or government.”

Very likely the jury orientation video or presentation in the jury assembly room will have mentioned that Thomas Jefferson considered the right to be a juror more valuable than the right to vote. You can invoke their own propaganda.

“If Thomas Jefferson valued the individual power of a juror over the power to vote in elections, you can bet he was talking about more than just walking into a jury box, doing what the judge told you, and walking out.”

At this point a prosecuting attorney might try to ostracize you by asking “does anyone else agree with this person?” Most will submissively shake their heads and frown, but quick thinking prospects will raise their hands too. If they do, and if they have grasped what you are saying, they too will be excused. You have essentially offered everyone the chance to escape this jury if they want to.

At worse, the slower thinkers will revisit your words as they spend the next hours and days getting to know the defendant. Very likely the prosecutor will be up at the bench, motioning for a fresh pool of jurors.

There is of course more you can say. You need only respond to what is asked, so as not to look like you’re being deliberate. Relax, the defense team will have their turn and they are CERTAIN to revisit the subject you’ve raised. The judge might prevent them from letting you ramble on, but make the most of it until that happens.

“Pot laws had to be relaxed when juries stopped convicting smokers of what they considered to be victimless crimes. Judges didn’t do that. Juries did.”

“And think about it: should poor people really be prosecuted if they have to shoplift food to feed themselves? Shouldn’t that be for a jury of poor people to decide?”

“And what if you realize that our prisons and jails are too full, and certainly too full of a disproportionate number of people of color? If police and judges are going to keep targeting certain people for convictions, how will we ever empty the jails? Thoughtful jurors can do it!”

“And the joy if it is, it only takes one juror on the jury to stand up for the defendant. Guilty verdicts require a unanimous vote. Just one juror can deprive the state of a conviction. That one juror who saves the defendant’s neck can be YOU!”

Don’t feel bad if the defense attorney doesn’t exploit you as much as you’d like. Keep in mind the defense attorney is incurring the wrath of the judge the longer you go on.

All US lawyers are forbidden to talk about jury nullification unless the subject comes up. Of course a defense attorney cannot ask a jury to disregard the law, but once you’ve brought up the legal concept, it’s their golden opportunity to kick the idea around.

Shit in a Sack

?Cell House Three with 'Dog Cages' on the second floor, left.
From the front page of the Pueblo Star-Journal and Sunday Chieftain?, Dated Sunday November 6, 1977. The banner headline on the front page cried out in large bold lettering: NEWSMEN TOUR PRISON AND VIEW “LIVING HELL” By Bill Gagnon.

Canon City- A three-man reporter-photographer team from The Pueblo Chieftain and Pueblo Star-Journal stepped out of the bright and warm summerlike weather here last week and into a medieval chamber of horror- Cellhouse 3 at the Colorado State Penitentiary.

?Once inside the grim building, they were stunned by the sight of humans caged in filthy cells and living under the most wretched conditions imaginable, denied even the most simple and basic necessities of life – soap, towels, soaks, clean clothing, blankets and sheets. Yes , they even are denied the necessary materials to scrub and clean their steel hovels.

?For 24 hours a day, seven days a week, these unfortunate creatures are kept locked in their filth-covered cages with nothing to do except learn to hate an indifferent and unthinking society that keeps them there.

?Treated and looked upon as subhuman beings, even medical and dental services available to them are mediocre and to the point they are almost nil. And letters sent to them by loved ones outside the high, gray walls sometimes is delayed for weeks at the prison before being delivered to them.

?While these conditions observed first hand by the Pueblo news team in the prison’s so called “punitive segregation” section made a grown man ill, they were compounded by those seen in the narrow and darkened steel barred isolation cells in the solitary confinement wing. There, faceless and silent occupants huddle and cringe in the darkness amid the pungent stench of filth within the close confines of these cesspools like cubicles, almost concealed from those outside.

?Those confined to this living hell in the infamous Cellhouse 3 are stripped of all human dignity and respect. An aura of frustration and despair hands heavy throughout this living example of man’s inhumanity to man.

?Yet, despite such barbaric treatment, some find an inner strength which turns to outrage and they cry out to the world; “You can’t do this to me; I am a man!” But few outside the walls hear, or want to hear them.

?But the voice of one of these tortured men, David Anderson, in the form of a letter sent to the editors of these newspapers describing the deplorable conditions in maximum security, was heard. And it resulted in the assignment of this news team to investigate the shocking allegations.

?Note: the article also contained several photos of the conditions, and covered two full pages of the newspaper.

While I was confined there, Gerald Hayes, one of the prisoners, sat down in his cell, with an old razor blade, cut off his index finger.

With blood dripping from his hand, he scrawled a message on the wall of his cell “God! Help us, Convicts are people too.”

Gather round children, I’m about to tell you a true story. ?It happened nearly 40 years ago in the Colorado State Penitentiary. It happened in cell house three.

?Cell house three was isolated from the rest of the prison, it was built to house death row prisoners and other prisoners deemed problem prisoners.

?If you caused problems in cell house three, they would then send you to a special tier called the “Dog Cages” This was their jail within a jail within a prison. The “Dog Cages” was a 24/7 lock down in your cell. The only exception was when you were let out of your cell for an hour to take a shower. Some men lost their minds under those conditions. It was quite easy for a prisoner to become so confused after months, that he could not distinguish one day of the week from another.?

Many of the prisoners there committed self mutilation or suicide. In my efforts not to end up hanging from a dirty bed sheet as so many others, I chose humor as a means to hold on to my sanity.

?This is the story of one of those efforts.?

Since the beginning of time when we first started locking men in prisons, the prisoners have made knives for self protection. These homemade knives were called a “Shiv” or a “Shank” and over the years the prisoners found ingenious ways of hiding their “Shank” from the prison guards who were continually searching for the “Shank”.?

For many guards, finding a prisoners hidden contraband, made their day. And for some guards, finding a “Shank” was as near a sexual experience as they could get. They became ecstatic.?

With the hidden “Shank” and the prison guards lustful hunger to find it, I began to set up my plan.?

The chief “Shank” hunter of cell house three was well known; he was Lieutenant D. A. Davis, who was in charge of cell house three on the swing shift. Lt. D. A. Davis loved his job and the power he held over the prisoners lives, he never missed an opportunity to torment the prisoner with late delivery of their mail or medication, the two most important things to a prisoners.?

D. A. had on several occasions during the cold winter months, set the steam heater on the “Dog Cages” at the lowest setting, the control for the heaters were off tier in the control cage, there were many windows on the tier broken and snow would often blow onto the tier. Another little trick that seemed to give D.A. a lot of pleasure; when the food cart came to the cell house from the main dining room, he would let it set until the food was cold. He took joy in making the prisoners suffer, making sure to remind them he was in charge of every aspect of their lives’. ?

D.A. could also be cruel to the other prison guards. He was a Canon City hometown boy, who thought of the prison as their cottage industry, if a guard was from another city or another race ( D.A. was white) D.A. would made them also feel his wrath. guard Rodriquez had two strikes against him; he was Spanish from Pueblo.?D.A. was one of those spit and polish guards, sharp creases in his shirt and trousers, Lieutenant bars sparkling, I think he was afraid to sit down while in uniform for fear of wrinkling his trousers. He was an overweight heavy jowl bully with shifty eyes that seemed always searching as if his deeds would catch up with him.?

While Rodriquez was a complete opposite of D. A. in manner and dress.?

Rodriquez was a small quiet man, his uniform was always a little rumpled, in the several years I knew him, I never once saw Rodriquez mistreat a prisoner. He once confided to me that he thought being locked in a prison cell 24 hours a day was punishment enough and that he was not going to add to it. The empathy for the prisoners in his face was easy to see. He said that he had taken the job as a prison guard as a last resort only to take care of his family, after failing to gain employment in other areas. All the prisoners respected him for the kindness he showed them. Because of the way D.A. treated Rodriquez it could be said that he suffered as much abuse from D.A. as the prisoners did. ?

Rodriquez seemed always to have a slight smile whenever I made D.A. the brunt of one of my schemes, but he never said so with words. I think the enemy of our enemy can become our friend, it was Rodriquez who tossed the newspaper clipping ( Living Hell ) on my bunk one day, the news article was consider contraband and unavailable to the prisoners until I received that copy.

The Plan:
Timing was needed for my plan to be successful; It needed to happen just after D.A came on duty for the 3:00 swing shift, and there would need for one of the prisoners to be out of his cell for a shower. When a prisoner is out of his cell for showering, is the only time he would have access to the exterior windows you see in the photo above.?

I had acquired a small 8 inch by 12 inch plastic bag, in the bottom of this bag I place a 8 inch wooden stick and then took a nice big healthy shit in the bag, adding a smidgen of water so as to make the mixture runny. I rolled up the bag tightly and then wrapped it again in an old newspaper so that the contents were not visible. When you felt this concoction of stick, plastic and paper it felt like there could be a “Shank” hidden within. ?

The Hide:
I tied a short string in the center of this concoction and had the prisoner out for his shower lower it out the exterior window so that it hung between the second floor and the first floor. The time was about 3:15 and D.A. had just came on duty. The guard tower just yards away from the cell house had a clear view of the exterior of the cell house and I was sure what his reaction would be when he spotted it hanging there outside the window.?The prisoner out for his shower waited until the tower guard was on the back side of the tower before he lowered the bag out the window and tied it off on the bars.?

And just as I had planned; The tower guard spotted the bag hanging there a few minutes later, the Tower guard took out his binoculars for a closer inspection of the bag. Ah Ha! what are those convicts up to now? and then the next step, the guard picked up his phone to call the cell house and alert them to the mysterious bag hanging out the window on the “Dog Cage” tier. I heard the cell house phone ring.?
The Jig is up! D.A. the “Shank Hunter” was on the job.?

D.A. hollered out Lock-Up! meaning for the prisoner out for his shower to go to his cell. The cell block door slid open and D.A. came walking in as if he were doing a head count of the prisoners. He walked casually to the end of the tier, not looking at the widow where the bag was tied, on his return trip his demeanor was much different as he excitedly jumped to the window and pulled the bag up, ripping the sting from the bars. Glancing around he darted for the tier door with his prize in hand….of course, I hollered out “D.A. Come Back Here With My Shit!?

The prisoners all locked in their cells exploded in laughter.

?D.A. was still not sure of his prize as Rodriquez later told me of what happen when D.A. entered the cage. He feverishly began ripping opening the bag and discovered the sack of shit, he threw the bag on the floor and it splattered up on his pants. His face turned beet red with embarrassment as he remarked to Rodriquez he didn’t want to hear any talk of this incident. D.A. began to wretch and struggled to keep from vomiting. Of course we prisoners knew that we would have some new punishments coming from D.A., but hearing the laughter was so therapeutic, there are those moments when suffering and punishment reach a point that we don’t care what happen to us. ?

D.A. took a short leave to go home and change his pants.?

When Rodriquez came on the tier, he walked right up to my cell with the biggest smile I had ever seen on his face, and said I know you did it David and it was beautiful! my reply was “What are you talking about?”

The Moral of the story; When Shit Happens… make sure you’re not the one holding the sack.

The History of the Denver Police Department

Before the Denver Police Department began murdering the men, women and children of Denver, they were burglarizing Denver homes and businesses.
 
In 1960, the largest police corruption scandal in the U.S. to date began to unfold. More than 50 area law-enforcement personnel – almost entirely Denver Police Officers were caught in a burglary ring. Cops had stolen over a quarter of a million dollars from businesses they were supposed to be protecting on their beats over a ten-year period. Police cars would close down a few blocks of a major business avenue, such as University or Broadway, then burglarized and stole the safes from the businesses along the closed down portion of the street. Alarms would be going off all up and down the street, they would take their loot, then respond to the alarms and take the reports. It all came to a crashing halt when an officer named Art Winstanley literally had a safe fall out of the back of his police cruiser. He testified against his fellow officers and then by the end of 1961, 47 police officers had lost their badges. The DPD called it “Back Friday”.

Art was sent to the prison in Canon City along with over 40 of his cop buddies. When the prison door swung shut on Art, he complained to the warden that no one liked or respected him, he said the other convicts were being mean to him and spitting on his food tray; these were the convicts that Art had arrested and sent to prison for crimes that he had committed.

Many of these crimes by the Denver Police Department were known and whispered about at the time by other policemen, citizens and politicians, but for fear of retaliation from the cops, they remained silent.

It was only when one rat with his foot in the trap, trying to save himself, exposed the true extent of the crimes of the Denver Police Department. Sixty five years have now passed and the DPD have moved on from burglary to murder.

There are many who speak out for respect for the policeman, they see his blue uniform and badge, read his propaganda of “Protect & Serve” and then slovenly give them a free pass in all matter, they mistakenly think they are incapable of a lie.

These people are the product of police propaganda and a media who quietly sweeps police crimes and brutality under the rug, never to see the eyes of the public.

One of the best examples I can give is of a recent event; A policeman who was called for a disturbance at a Target store, helped a young boy repair his bike.

It seemed the boys bike chain had come off and the policeman helped him put it back on, the incident was reported by another policeman who was also there. It was said the this incident went viral; So what would my complaint be?

Had You or I, ordinary citizens stopped to help this boy, you would never had heard of the incident and it certainly wouldn’t have went viral.

I didn’t see a cop helping the boy, I saw only a man helping the boy. A blue uniform and badge does not make him a saint.
Truth be known; most of the general public have little or no contact with their police department outside of traffic stops. They have little knowledge of how brutal the unchecked police powers have become. And while these brutal crimes go on unchecked by some policemen, the others remain silent; that in itself is a crime. To be a good cop, he must stand up and bear witness to the crimes he has knowledge of, especially when it is wearing a blue uniform and badge. To do less, is to become a partner in crime.

Would that same cop who helped this boy with his bike, if put in the situation where he saw one of his fellow officers commit a crime, speak out and make an arrest of his fellow officer? History has taught us that he would not.
Where the general public see’s a badge, a blue uniform and give’s their respect, I see a human being that is capable of both good and bad deeds, and should be treated as such just as any citizen would be treated.

A question we might ask: How is it that the DA has not filed one criminal case against the police and yet the juries in civil court have awarded million of dollars to victims of police abuse.

Mitchell R. Morrissey was elected District Attorney of Denver in November 2004 and was sworn into office on January 11, 2005. He is responsible for the prosecution of more than 6,000 felony and 18,000 misdemeanor criminal cases every year.

The New Slave Ships Have Arrived

The year was 1960, and there was only one men’s prison in Colorado at that time, located at Canon City. There was a women’s prison that sat next to the men’s prison. There were three small satellites off the main prison: the ranch, dairy farm and garden. And there was the young men’s reformatory at Buena Vista, for a total of three prisons. In 1960 the population figures for Colorado was nearly two million people, in 2010 it was a little over five million; In a span of fifty years Colorado gained three million people. In 1960, it took 3 prisons to confine the convicts of two million people living in Colorado. By 2006 there were 30 prisons in Colorado, while adding only three million people to the population. Hold on here a minute; something doesn’t add up: 2 million people needed 3 prisons, now 5 million people need 30 prisons?!

It would be safe to assume that this growth in population were of people about to commit a crime, judging from the growth of new prisons compared to the population growth.

That’s quite a growth from 3 prisons to 30 prisons in 26 years; but then we didn’t have the “Prison Industrial Complex” in those years; Corporation private prisons. Their motto should read “If there are no prisoners; there is no profit”

If you and your family were out on a Sunday drive in 1960 and happen to drive by “Old Max” on Hi-way 50, you would have noticed a sign in front of the prison that advertised “Visitors Welcome” the sign went on to tell you that you could enter the prison for fifty cents on a guided tour at certain hours. This fifty cents was to go into a prisoner burial fund, for indigent convicts who died while imprisoned. They would then be buried in a pauper grave yard and sentence was complete due to death.

A few years later these tours were discontinued for fear that the prisoners might take the tourist hostage, also the Prison Administration had decided that it was better not to let the taxpayer see the condition of the prison they were paying for.

My wife and I decided to take the tour.

I had the feeling of a rat in the trap when the large steel door slammed shut behind us. After taking only a few steps, we left behind a warm sunny day and stepped into a dark gray world. The doom and gloom seemed to lurk at every corner, the guards in their towers, stared down at the tour, rifles at ready. We had the feeling that this tour, was a bad idea.

There was a guard about 70 years old who served as our tour guide, he wore a guard’s uniform and walked backwards as he pointed out the finer attractions of the prison; like the hole or the gas chamber. We were not allowed to go into these building as the old guard explained; we could be taken hostage.
However we were taken to the curio shop where the convicts were allowed to sell their hobby work, and it was here that the old guard gave us some stories on the history of Roy Best an ex-warden who was discovered with state cattle on his personal ranch and convicts were used as ranch hands. The old guard told how Warden Best would tell all newly arrived convicts: “While serving your sentence, you are allowed to make a dollar any way you can, Just make sure it’s not my dollar.” He also told a story of what happen when two convicts were caught in a homosexual act; they would be taken to the curio shop and handcuffed to a steel rail, they both would be made to wear a woman’s dress, for all the tours to see. It didn’t matter who was pitcher and who was catcher, they both had to wear a dress.

There were two yellow lines painted on the concrete about six feet apart, we were warned as tourists of all the harm and mayhem that could befall us if we stepped outside of the yellow lines and it was here that some of the tourist began thinking about what a mistake this was and could they get their fifty cents back. And of course the convicts were well aware of the rule of crossing the yellow line while a tour was in the prison or of talking to any of the tourists; it meant a certain trip to the hole. As the tour progressed through the prison, I noticed that many of the tourist heads kept bobbing down, making sure their feet didn’t touch the yellow line.

As we neared the end of the tour we came to where three convicts were waiting for the tour to pass before crossing the yellow line; There was an older lady with white hair near the front of the tour, when she saw those three convicts, (who were all dressed in white pants and shirts) she whispered to the old guard.

“Who are those men?”

The guard turned to look and then began to name the convicts.

The old woman stopped him and said ” No! I mean are they convicts or are they civilian employees?”

“They are convicts,” the guard replied, “they are allowed to wear white because they all work in the hospital.”

The gray haired lady then exclaimed with the most bewildering look on her face “my goodness! They look like anybody else”.

It’s been over fifty years since that white haired lady spoke those words, but her words are burned into my memory as if she had only spoken them yesterday.
What the white haired lady never realized is those convicts were sons, with mothers and fathers.

As all convicts are; they are the sons and daughters, the brothers and sisters, mother and fathers of us all.

Like that old white haired lady’s words “They looked like anybody else,” society looks at prisoners and sees them all the same, maybe that’s because they are all dressed the same or their mailing address is the same. They eat the same food and spend the long boring days together. It’s true that while you are a prisoner, the rules of a prison or jail apply to all, a sort of “One size fits all.” Yet the crime that sent these men and women to prison are as different as day and night.

Willie “The Actor” Sutton, a bank robber from back in the 40s use to dress up as a policeman when robbing a bank. Willie would never put any bullets in his gun; he wanted to make sure that no one was injured while robbing the banks, you might say Willie was a little different kind of criminal, but when he was in prison, he dressed like all the other convicts.

Back in the 50s the prison at Canon City had a rule: all prisoners shoes must have a “V” shaped notch cut into the heel. This was intended to make it easier for the guards to track escaped convicts. In theory the rule seemed pretty “air tight.” The drawback was that the convicts all knew about the notch, and would simply fill the notch or remove the heel. It took a few year for the guards to figure out why they weren’t finding any tracks of escaped convicts with a “V” notch in the heel.

The old white haired lady was right about one thing; they do look like everyone else. But the underlying problem that sent them to prison are very different.

From the New York Times: U.S. prison population dwarfs that of other nations.

“The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners. Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations. Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences. The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.”

In reading the above and the complete 1700 word article you will not find the word ‘Corrections” used once.

Webster’s Dictionary: Correction; 1 a correction or being corrected, 2 a change that corrects a mistake; change from wrong to right or from abnormal to normal.

As you are reading this story you may have noticed that I do not use today’s language to describe prisons, convicts, guards and wardens, as “Correctional Facility”, “Correctional Officer”, “Superintendent” or “Inmate”. To call them “Correctional Facility’s or Correctional Officer” is the height of hypocrisy. The truth is the guards can’t correct the problems in their own lives let alone solve the many complex problems of the men and women they guard.

The word correction was introduced by the prison industrial complex to fool the public into thinking they were solving the problems of the people they were warehousing and collecting all of those tax dollars for.

Again! hold on here a minute; If they are correcting all the problems of these errant people? Then why are we building so many new prisons and filling them with men, women and children?

You might be asking yourself “How did America, end up with so many criminals? The truth is “We didn’t.” The American Prison Corporations quite simply found it very profitable to imprison citizens.

The Corrections Corporation of America (CCA) simple minded solution to the problem is to build more prisons and pass new laws which will produce more criminals for their prisons.

Looking to the CCA and their lobbyist is equivalent to hiring the fox to guard the hen house.

This all leads to a greater bottom line profit for the CCA but does little to solve the crime rate, the recidivism rate or help those prisoners who truly need help. And it certainly does not slow the growth of new prisons. “The breeding grounds of crime”.

Confronting Confinement, a June 2006 U.S. prison study by the bipartisan Commission on Safety and Abuse in America’s Prisons, reports than on any given day more than 2 million people are incarcerated in the United States, and that over the course of a year, 13.5 million spend time in prison or jail. African Americans are imprisoned at a rate roughly seven times higher than Whites, and Hispanics at a rate three times higher than Whites. Within three years of their release, 67% of former prisoners are rearrested and 52% are re-incarcerated, a recidivism rate that calls into question the effectiveness of America’s corrections system, which costs taxpayers $60 billion a year. Violence, overcrowding, poor medical and mental health care, and numerous other failings plague America’s 5,000 prisons and jails. The study indicates that even small improvements in medical care could significantly reduce recidivism. “What happens inside jails and prisons does not stay inside jails and prisons,” the commission concludes, since 95% of inmates are eventually released back into society, ill-equipped to lead productive lives. Given the dramatic rise in incarceration over the past decade, public safety is threatened unless the corrections system does in fact “correct” rather than simply punish. For a copy of the complete report and the commission’s recommendations for reform, see

From: U.S. Prisons Overcrowded and Violent, Recidivism High — Infoplease.com

In the words of George Carlin; we add syllables to soften the meaning of words; From the Colorado Central Magazine; (The polite modern terms are inmate, not prisoner or convict as in historical years, and corrections officer instead of guard.)

The Huffington Post published an excellent piece yesterday by reporter Chris Kirkham describing how the Corrections Corporation of America (CCA) wants to buy up state prisons, all under the guise of helping state governments deal with their budget shortfalls.

Called the Corrections Investment Initiative (sounds so positive, right?), it’s a sickening display of exploitive behavior — perhaps best underscored by the fact that the CCA stipulates in its “investment” overture that, as part of the deal, the states need to keep the prisons packed. Their language for it:

“An assurance by the agency partner [the state] that the agency has sufficient inmate population to maintain a minimum 90 percent occupancy rate over the term of the contract.”

In reading the above article I did not notice anything pertaining to correcting the prisoner’s problems that sent them to prison. I did read the words “Helping state governments deal with their budget shortfalls” Whenever someone comes to me and tells me they can save me money… But I have to spend money in order to save money, it’s right here I become suspicious of their motive, “Thank You, but, No Thanks'”

“The Corrections Corporation of America” and that white haired lady have something in common with one big difference; the white haired lady saw us all the same looking like anybody else but she had no motive for profit when she looked at us, she can be forgiven for her mistake.

“The Corrections Corporation of America” sees the prisoners also all the same; as a free labor force to manufacture goods in their prison industrial program. For the CCA it’s a win-win proposition, the taxpayer pays for housing their captive work force and then they again made a profit off the manufactured goods. It appears “The Corrections Corporation of America” has found a new way to reconstitute slavery. The only thing missing are the slave ships from Africa; we are already here so there is no need of the ships. However they will need to lobby the congress for new laws to insure the prisons are full of able bodied workers. And of course the lobbyists don’t work cheap; they have a large overhead in the moneys they must contribute to our elected legislator campaign fund.

The money travels from the taxpayer’s pocket to the government coffers, from the government coffers to “The Corrections Corporation of America” and then from their checking account back to the Colorado Legislator reelection fund, a vicious cycle that never ends. They are all so busy stuffing their pockets with the taxpayer’s money they have little left to correct the problems of the prisoners that got them the money in the first place.

In conclusion, with solutions; The unsuspecting, hardworking taxpayers have been taken for a ride for too long. It’s time we told the Prison Industrial Complex; “The Jig is Up.” It’s time for a revolution.

There is an old saying among the convicts; All the convicts in prison combined, never stole more money than one banker or corporation stole with one swipe of their pen. “While the poor man was out stealing a loaf of bread to feed his family, the banker was stealing the poor man’s house”.

One of the very best and clear examples I can give, happened right here in Colorado. For years and years the prisons have been filled with “Pot” smokers, the public was told; These are criminals, depraved drug addicts that will rob, steal and rape your daughter.

When the opposite was more true; ‘Pot” smokers are very relaxed, looking only for some Twinkies to munch on while watching cartoons.

And now that Colorado has de-criminalized marijuana, we are left with a bunch of taxpaying ‘Pot “smokers living normal lives, working and contributing to society. I’m sure that it’s not much consolation to all the men and women who suffered for years in prison, classified as a criminal, not to mention the families that were destroyed. Men and women who were filled with hate in this prison system, then released to commit a real crime.

Back in 1960, I was not taken as a hostage while touring the prison, but in 2015 we are all being held as hostage by the CCA (Private Prison Corp.) for our tax dollars.

You can help change that by contacting one of the local or national groups to end mass incarceration.

————–
About the author: David Anderson is an ex-convict, who had escaped from “Old Max” twice. He was serving three life sentences for crimes of which he was innocent. It took seven years for these convictions to be reversed. He walked out of the prison on April 29th 1983.

The Poor Peoples Potty Project

Pause You Who Read This. In Great Expectations, Dickens writes, “Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation of the first link of one memorable day.”
 
Again; I ask the reader to pause and think for a moment; think of our human species, that has come so far in many of our improvements under the conditions we inherited here on planet earth; improvements in our sanitation, shelters and food. These improvements were not some idle whimsy idea, they were made because we needed and wanted to survive as a species, we come to understand that shelter, food and sanitation were the ingredients for longevity. We most often take these normal functions of the human body for granted without thinking as we live our daily lives in suburbia, moving with the speed of light from our jobs to our homes. Should you doubt, you have only to try a small experiment; For a few days camp in your back yard, without the use of your kitchen to cook your meals for nourishment, the shelter that provides warmth and a bed to rest after the toil of a long weary day, the toilet that allows you to clean and relieve your natural body functions. These are the basics of every human on planet earth, there are no exceptions to these rules.

So now I’m thinking of the human mind that figured out how to fly a machine to a comet and land there, wow! What an incredible feat, what an incredible cost of money to accomplish this project. It clearly demonstrates the power of the human mind and our ability to solve a problem.

And then I read the second story of humans who have no shelter here on planet earth, no food for nourishment, no toilet to relieve their normal body functions. So I ask myself; When that space ship left planet earth to land on some distant comet, did it leave behind a human race who have lost their way; on compassion and empathy for our fellow travelers of planet earth? Are we moving so fast through this vast wilderness of space that we cannot see with compassion those in need of the most simple function of all humans.

Is there a solution to the problem? I believe there is.

We have a chance to tell our fellow humans, homeless travelers that they are not alone, we need only look into our hearts and rekindle our compassion that was given each of us as a gift.

A simple solution might look like this; we identify where the homeless congregate, we find solutions to zoning for portable toilets, set up in discreet places, arrange for the portable potty to be serviced and maintained.

It is an effort to reclaim our humanity, our compassion, and say that we care about all as we travel this amazing journey called life.

It only takes one person with an idea to change the world, a person who has compassion and empathy; are you one of those humans? All across America I believe there are such people.

I’am asking only, that you look into your heart and ask yourself; as one person, what can I do to help?

If together we can find a solution to one small problem; a place for the homeless to use a toilet; then think of what we might do next. Anything is possible, homeless and hunger.

Is it not time that we pause in our busy life and think of the long chain that tells us, this is the moment we formed a new link and as members of the human species we then can look back at planet earth with pride of what we carry to those distant stars.

Huge Denver protest of corporate food supply is ignored by corporate media. PHOTOS


DENVER, COLORADO- The 2015 March Against Monsanto may have been Denver’s largest public demonstration to draw absolutely no coverage from local media. To the surprise of no one.

Monsanto-eric-

Mother Teresa was the Janet Matzen of Calcutta

(The above photo is of Janet on May Day 20015 feeding a group of 50 people in front of the state capital, still wearing that warm smile for all the homeless and hungry.)
 
Janet Matezen was a 54 year old working mom. She had recently lost her job at a local market where she worked as a meat cutter. Like many of the middle class, Janet was also struggling to make ends meet. It was October 2011, Occupy of Denver made camp in Denver’s Civic Center Park. Their number began to grow daily as word of the movement spread via the media. Janet had never been a protester or even been to a rally such as Occupy, but she was curious. She decided one day that she would drive to the park to see what it was all about.

When I first saw Janet in the park, she looked like any other mother from any city in America. She was average with one difference, she always had a warm smile. She began to talk with the others there in the park, and the more she heard their stories the more shocked she became at the conditions many there were living under. She never spoke of her own problems. Janet’s struggles seemed to fade as she listen to their stories. After all, she had a home and food for her table.

I believe the old adage “I use to feel sorry for myself because I had no shoes, and then I met a man who had no feet” best describes Janet’s experience there with Occupy in Denver’s Civic Center Park.

In the past four years, Janet has transformed herself into an advocate and champion of the homeless and hungry of Denver. Whenever the city council is considering new legislation such as the Anti Camping Ban, Janet is always there to lend her voice in defense of the poor and homeless.

When the Colorado House of Representatives were recently considering a bill of rights for the homeless, Janet was present at every stage of the hearings.

When the homeless are arrested for falling asleep in the park, she is always there to help, even if it’s only to be with them in court.

One spring day in 2012, I interviewed Janet in the city park; one of the questions I ask her was; “Did she have any fears of the people there in the park” her reply surprised me, she said “Oh no! I know they would protect me, it’s the police that I’m afraid of.” I did not miss the irony of her answer; to think that a 54 year old mother in the park would be more afraid of the police than the homeless.

I could only conclude, that Janet, after witnessing so much of the violence by the police against the homeless knew who in truth would serve and protect her.

Janet has also had her small victories, besides feeding the homeless, as reported in the “Popular Resistance”

**STAFF NOTE: Planned protests at Palm Restaurants are cancelled today.**

DENVER, CO. (October 18, 2013) – The Boycott the Urban Camping Ban Coalition is pleased to announce that The Palm Restaurant has officially withdrawn support for Denver’s Urban Camping Ban Ordinance passed in May 2012.

On May 6, 2012, Occupy Denver held their first Boycott in protest of the Urban Camping Ban at Snooze A.M. Eatery.1 It was attended by not just members of Occupy Denver, but activists from Denver and surrounding areas who were concerned about the treatment of their fellow human beings, the homeless. The “Urban Camping” Ban Ordinance was passed by the Denver City Council on May 14, 2012, at which time an ongoing weekly protest lead by Janet Matzen and Occupy Denver began at Snooze A.M. Eatery and later attracted coalition partners. On April 5, 2013, Snooze issued a statement reversing their position in support of the Ban.

On April 26, 2013, the Boycott was moved to The Palm Restaurant Denver and a weekly Friday night boycott began. Despite concerted efforts by the Denver City Council through the Denver Police Department to quash Boycotters’ Constitutional rights to free speech and protest, the protest continued strongly and garnered International support.

Today, we are pleased to announce that The Palm Restaurant, who we truly believe cares for the plight of the homeless, announced they no longer support the “Urban Camping” Ban Ordinance. We thank The Palm Restaurant for standing with the homeless and calling for the repeal of the “Urban Camping” Ban in Denver.
Once again, we urge all businesses and organizations in Denver to review the Denver Homeless Out Loud Report on the implementation and impacts the Ban has had and call for its repeal.

I’ve often been amazed that Janet can be in so many places doing so many different things and all for the benefit of the homeless and poor. Most recently you will find Janet, every Friday in front of the Tattered Cover book store where she continues to protest the anti camping while at the same time feeding the hungry and homeless of Denver.

We often hear the word “Grassroots” but I never saw in action as I’ve seen it with Janet. She gives real meaning to the phrase “Grassroots Activist” with her compassion for others.

Suzanna Arundhati Roy spoke so eloquently when she said: “And so it is, in the quiet breathing of Janet, I see that possible world.”

Hillary walks into Chipotle, orders a “burrito bowl.” Haha. How about a soup salad?

The New York Times reported the story about the presidential candidate slumming it with her constituents without any hint that they caught the disconnect. It may not be Bush Senior marvelling curiously at a barcode scanner or Bush Junior referencing the “Internets” but this was clearly Hillary Clinton’s first time in a Mexican fast food grill. The choice is beef, chicken, pork or tofu, served in tacos, fajitas, burritos, or bowls. Unless her handlers intervene, Hillary is going to waltz into a Souper-Salad and ask for the soup salad.

April 15: NYC took a bridge, Chicago & Seattle took the streets, Portland took Town Hall, and Denver took the cake

Photo by Laura Avant
DENVER, COLORADO- Yes, Denver’s FIGHT FOR FIFTEEN march kept to the sidewalks. When ISO members (organizing the local “15 NOW” group) pushed the boundaries, SEIU marshals criticized them not just for agitating, but for pushing their socialist agenda. Occupy Denver activists held a prominent banner which referenced reigning minimum wage champion Socialist Alternative. Most of the attendees were union members whose representatives have obviously failed to credit the SA party or Seattle Councilwoman Kshama Sawant for the nation’s first $15 minimum wage victory. We fielded questions all evening from marchers eager to know if an SA chapter was brewing in Colorado.

TO BE FAIR, Denver’s march did take an adventurous turn, by Denver standards, but the rally began as might be expected from an event dominated by the SEIU and other corporate unions and their immobile nonprofit cohorts. Denver’s 4-15 rally started in the middle of CU-Denver’s Auraria campus, invisible from any street and unseeable to even partipants arriving, until they turned the corner to find it, behind the Tivoli Center.

Then organizers had a lineup of speakers which stretched well past expectations, trimming the crowd by over a third as supporters opted to slip away due to the unexpected cold front. Next participants were admonished to stick to the sidewalk, even on campus grounds, and applaud the police who’d agreed to permit the march. We were heading to a neighboring McDonalds, at least we were taking the scenic route.

Throughout the rally and march, a brass band played, and members of the local band Flobots led chants and songs. This lent a fun energy but it did preclude ordinary marchers speaking out or centering the vocal messaging on anything more than the generic themes of financial discontent. Even as crowds lingered in front of McDonalds, the band played on, when poignant denunciations might have provided a suitable climax.

Fortunately, a “Silver Brigade” had been deployed to patronize the fast food monster beforehand, to prevent managers from being able to lock the doors when the marchers arrived. McDs managers did lock the doors and they discussed a number of interesting defensive tactics under the noses of our operatives, but the managers were ultimately unable to refuse senior citizens demanding they be allowed to exit. This exit was timed to allow the Fight-for-Fifteen procession to march straight up to the counter, demanding a living wage, etc. Their objections heard, the marchers left and eventually crossed the street and dissolved into shortcuts through the Auraria campus.

(Note: My account of our inside job may appear indiscrete, but I include it purposefully. One, because even with advance knowledge it’s a difficult tactic to prevent, and two, because organizers of successive protests of establishments such as McDs need to include this tactic if they don’t want to remain locked out.)

Photo by Laura Avant
The highlight for me was infusing the event theme with the S-word. Desperate as they were today to fight for a living wage, vowing “we’ll be back” or else to “shut it down”, these union adherants will shortly become the usual Democrats, waving the Hillary banners, as if there was no alternative.

Whose fault is it that America’s minimum wage has been allowed to lapse below the poverty level? Is the responsibility not in part that of the unions’? The SEIU is driving the official “Fight for Fifteen” campaign, but only after socialists have led the way, as they did whenever the labor movement made its gains.

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.

WWII air veterans of Doolittle Raiders celebrate 71 years of bombing civilians

Doolittle nose-art
I read 30 Seconds Over Tokyo when I was still a war-playing kid, before I would understand the mischievous consequences of the Doolittle Raiders B-25 bombers deploying without their bombsights. This was to prevent US war-making advantages falling into enemy hands but it also precluded dropping bombs with accuracy. I’m pretty certain the account for young readers also didn’t explain why over a quarter of the squadron’s bombs were of the incidiary cluster variety. Readers today know what those are for. Doolittle claimed to be targeting military sites in Japan’s capitol, but “invariably” hit civilian areas including four schools and a hospital. Of the American fliers captured, three were tried and executed by the despicable “Japs”, who considered the straffing of civilians to be war crimes. After the war, the US judged the Japanese officers responsible, as if their verdict was a greater injustice against our aviators’ “honest errors”. Today we rationalize our systemic overshoot policy as “collateral damage”.

Every year since WWII, Doolittle’s commandos are feted for their milestone bombing mission. This Veterans Day is to be the last due to their advanced ages. But it is fitting, because isn’t it time Americans faced what we’re celebrating? There’s no denying it took suicidal daring, but the Doolittle Raid inaugurated what became a staple of US warfare, the wholesale terrorizing of civilians from on high, with impunity and indifference. To be fair, the American public has always been kept in the dark. American aircraft have fire-bombed civilians at every diplomatic opportunity since 1942, and a Private Manning sits in the brig for trying to give us a chance to object.

We now know that the Doolittle Raid didn’t turn the tide, nor shake Japanese resolve. It was a retalliation for the attack on Pearl Harbor, intended to boost US morale as if to say, America wasn’t defeated. Kinda like why and how we struck back at Afghanistan after 9/11, just as indiscriminately.

The “Mark Twain” ersatz bombsight
substitute bombsightThe Norden bombsight was a closely guarded US secret weapon. An airstrike without it would today be like lobotomizing so-called smart bombs, and deciding to opt for imprecision bombing. The official army record recounts that a subsitute sighting mechanism was improvised for the raid, dubbed the “Mark Twain” and judged to be effective enough. Now a bad joke. Indochina and Wikileaks-wisened, we know the mendacity of that assessment. The vehemently anti-imperialist, anti-racist Twain would not have been honored.

Twain satirized Western so-called Enlightenment thus: “good to fire villages with, upon occasion”.

Post-postwar hagiographies of the raid have suggested the improvised bombsight was better suited to low-altitude missions than the Norden model. That conclusion is easily dismissed because the device was used only for the Doolittle run and never after. The sight’s designer, mission aviator C. Ross Greening, offered a explanation for why he named the device after Mark Twain in his pothumously published memoir Not As Briefed. He didn’t.

The bombsight is named the “Mark Twain” in reference to the “lead line” depth finder used on the Mississippi River paddle wheelers in bygone days.

Because its design was so simple, we’re left to suppose. Greening’s bombsight was named for the same “mark” which Samuel Langhorne Clemens adopted as his celebrated pen name. I find it disingeneous to pretend to repurpose an archaic expression whose meaning was already eclipsed by the household name of America’s most outspoken anti-imperialist. Who would believe you named your dog “Napoleon” after a French pastry?

We are given another glimpse into Greening’s sense of humor by how he named his plane, the “Hari-Kari-er” ready to deal death by bomb-induced suicide. Greening’s B-25 is the one pictured above, with the angelic tart holding a bomb aloft. Greening’s plane was another that carried only incendiary ordnance.

Much was made of the sight’s two-piece aluminum construction, reportedly costing 20 cents at the time compared to the $10,000 Norden. This provided the jingoist homefront the smug satisfaction perhaps, combining a frugality born of the Depression with the American tradition of racism, that only pennies were expensed and or risked on Japanese lives.

War Crimes
Targeting civilians, taking insufficient care to avoid civilian casualties, using disproportunate force, acts of wanton retaliation, and the use of collective punishment are all prohibited by international convention. They are war crimes for which the US prosecutes adversaries but with which our own military refuses to abide. Americans make much of terrorism, yet remain blind to state terrorism. Doolittle’s historic raid, judged by the objective against which it is celebrated as a success, was an act of deliberate terrorism.

Forcing the Japanese to deploy more of their military assets to protect the mainland sounds like a legitimate strategy, except not by targeting civilians to illustrate the vulnerability, nor by terrorizing the population, one of Doolittle’s stated aims. He called it a “fear complex”.

It was hoped that the damage done would be both material and psychological. Material damage was to be the destruction of specific targets with ensuing confusion and retardation of production. The psychological results, it was hoped, would be the recalling of combat equipment from other theaters for home defense, the development of a fear complex in Japan, improved relationships with our Allies, and a favorable reaction in the American people.

There is no defending Japan’s imperialist expansion in the Pacific, and certainly not its own inhumanity. The Japanese treated fellow Asians with the same racist disregard with which we dispatched Filipinos. While Americans point in horror at how the Japanese retalliated against the Chinese population for the Doolittle Raid, we ignore that Doolittle purposely obscured from where our bombers were launched, leaving China’s coast as the only probably suspect.

To be fair, most of Doolittle’s team was kept in the dark about the mission until they were already deployed. I hardly want to detract from the courage they showed to undertake a project that seemed virtually suicidal. But how long should all of us remain in the dark about the true character of the Doolittle Raid?

Out of deference for the earlier generation of WWII veterans, those in leadership, certain intelligence secrets were kept until thirty years after the war. Unveiled, they paint a very different picture of what transpired. The fact that the US knew the German and Japanese codes from early on revealed an imbalance not previously admitted, as an example.

About the Doolittle Raid, much is already openly documented, if not widely known. The impetus for the raid was public knowledge, the evidence of its intent in full view.

BY DESIGN
In the aftermath of Pearl Harbor, American newspapers were already touting offers of cash rewards for whoever would be the first to strike back at Japan. President Roosevelt expressed a deliberate interest in hitting the Japanese mainland, in particular Tokyo, to retaliate for the Japanese strike against Pearl Harbor, never mind it had been a solely military target.

Plans were made to exploit the Japanese homeland’s vulnerability to fire, as ninety percent of urban structures were made of paper and wood. Writes historian William Bruce Jenson:

In his “confidential” meeting with reporters back in November, Marshall had declared that the US would have no cavil about burning Japan’s paper cities.

For the Doolittle Raid, a bombing strategy was developed to overwhelm the fire department of his target, the Shiba ward.

A former naval attache in Tokyo told Doolittle: “I know that Tokyp fire department very well. Seven big scattered fires would be too much for it to cope with.”

As lead plane, Doolittle’s role was to literally blaze the way. Fellow pilot Richard Joyce told Nebraska History Magazine in 1995:

The lead airplane, which was going to have Doolittle on board as the airplane commander, was going to be loaded with nothing but incendiaries -2.2­ pound thermite incendiaries- in clus­ters. They drop these big clusters and then the straps break and they spray, so they set a whole bunch of fires. He was to be the pathfinder and set a whole bunch of fires in Tokyo for pathfinding purposes.

Doolittle’s report outlined his objective more formally:

one plane was to take off ahead of the others, arrive over Tokyo at dusk and fire the most inflammable part of the city with incendiary bombs. This minimized the overall hazard and assured that the target would be lighted up for following airplanes.

Greening paints the most vivid picture, of burning the Japanese paper houses to light the way:

Doolittle planned to leave a couple of hours early, and in the dark set fire to Tokyo’s Shiba ward … the mission’s basic tactic had been that Doolittle would proceed alone and bomb a flammable section of Tokyo, creating a beacon in the night to help guide following planes to their targets.

Doolittle’s copilot Lt Richard Cole, told this to interviews in 1957:

Since we had a load of incendiaries, our target was the populated areas of the west and northwest parts of Tokyo.

After the bombers had left on their raid, and before news got back about whether or not they accomplished it, the Navy crew on the carrier USS Hornet already sang this song, which went in part:

Little did Hiro think that night
The skies above Tokyo would be alight
With the fires that Jimmy started in Tokyo’s dives
To guide to their targets the B-25s.
When all of a sudden from out of the skies
Came a basket of eggs for the little slant eyes

Incendiaries

Most of the bombers were loaded with three demolition bombs and an incendiary cluster bomb. Some of the planes carried only incendiaries. According to Doolittle’s official report of the raid, here were some of their stated objectives:

Plane no. 40-2270, piloted by Lt. Robert Gray:
thickly populated small factories district. … Fourth scattered incendiary over the correct area

Plane No. 40-2250, Lt. Richard Joyce:
Incendiary cluster dropped over thickly populated and dense industrial residential sector immediately inshore from primary target. (Shiba Ward)

“The third dem. bomb and the incendiary were dropped in the heavy industrial and residential section in the Shiba Ward 1/4 of a mile in shore from the bay and my tat.”

Aircraft 40-2303, Lt Harold Watson:
the congested industrial districts near the railroad station south of the Imperial Palace

AC 40-2283, David Jones:
the congested area Southeast of the Imperial Palace

Even though the planned night raid became a daytime mission, Doolittle did not alter his original role, intended to light the way for the following planes. His target remained the Shiba District of Tokyo. His own plane: “changed course to the southwest and incendiary-bombed highly inflammable section.”

Doolittle’s report included a description of the incendiary bombs:

The Chemical Warfare Service provided special 500 incendiary clusters each containing 128 incendiary bombs. These clusters were developed at the Edgewood Arsenal and test dropped by the Air Corps test group at Aberdeen. Several tests were carried on to assure their proper functioning and to determine the dropping angle and dispersion. Experimental work on and production of these clusters was carried on most efficiently.

As has become an aerial bombardment tradition, crews were let to inscribe messages on the bombs about to be dropped. Accounts made the most of these chestnuts: “You’ll get a BANG out of this.” And “I don’t want to set the world on fire –only Tokyo.”

These details, which reveal the intentions of the raid, were not made known to the public immediately. The Doolittle Raid was planned and executed in secret, with US government and military spokesmen denying knowledge of the operation even in its aftermath. The first word to reach the American public came from the New York Times, citing Japanese sources:

Enemy bombers appeared over Tokyo for the first time in the current war, inflicting damage on schools and hospitals. Invading planes failed to cause and damage on military establishments, although casualties in the schools and hospitals were as yet unknown. This inhuman attack on these cultural establishments and on residential districts is causing widespread indignation among the populace.

This report was dismissed as propaganda. When Japan declared its intention to charge the airman it had taken captive with war crimes, the US protestations redoubled. The accusations were belittled even as our own reports conceded to the possibilities.

Lieutenant Dawson’s Thirty Seconds Over Tokyo was the first published account of the raid. Printed less than a year after the event, wartime-sensitive details such as the phony guns made of broomstick handles poking out the back were left out. Targets were also not specified, but a candor remained, probably intended to be threatening. Lawson described the 500-pound incendiaries as “something like the old Russian Molotov Breadbasket”, and related US naval attache Jurika’s advice:

“If you can start seven good fires in Tokyo, they’ll never put them out,” Jurika promised us. … “I wouldn’t worry too much about setting fires in flimsy-looking sections of Tokyo,” he said. “The Japanese have done an amazing job of spreading out some of their industries, instead of concentrating them in large buildings. There’s probably a small machine shop under half of these fragile-looking roofs.”

“Flimsy” became Lawson’s keyword for the residential areas. Here Lawson described dropping his third and fourth bombs, when he saw their corresponding red light indicators:

The third red light flickered, and, since we were now over a flimsy area in the southern part of the city, the fourth light blinked. That was the incendiary, which I knew would separate as soon as it hit the wind and that dozens of small fire bombs would molt from it.

I was satisfied about the steel-smelter and hoped the other bombs had done as well. There was no way of telling, but I was positive that Tokyo could have been damaged that day with a rock.

Our actual bombing operation, from the time the first one went until the dive, consumed not more than thirty seconds.

Thus: Chance of hitting civilian homes: 50/50.
Charges of Excessive Force could be expected, because
blame the victim for being weaker than: a rock.
Care taken to avoid innocent casualties: 30 seconds.

In a later afterword, Lawson blamed Tokyo for having insufficient bomb shelters.

After the war, US occupation forces recovered Japanese records which documented the losses attributed to the Doolittle Raid: fifty dead, 252 wounded, ninety buildings. Besides military or strategic targets, that number included nine electric power buildings, a garment factory, a food storage warehouse, a gas company, two misc factories, six wards of Nagoya 2nd Temporary Army Hospital, six elementary or secondary schools, and “innumerable nonmilitary residences”.

Strafing
Japan accused the fliers of indescriminate strafing civilians. The US countered that defending fighters were responsible for stray bullets when their gunfire missed the bombers. That’s very likely, except the raiders were candid about their strafing too. Lawson:

I nosed down a railroad track on the outskirts of the city and passed a locomotive close enough to see the surprised face of the engineer. As I went by I could have kicked myself for not giving the locomotive’s boiler a burst of our forward 30-calibre guns, then I remembered that we might have better use for the ammunition.

A big yacht loomed up ahead of us and, figuring it must be armed, I told Thatcher to give it a burst. We went over it, lifted our nose to put the tail down and Thatcher sprayed its deck with our 50-calibre stingers.

Greening’s account of firing on a sailor, raises the moral ambiguity of air warfare with which few airmen grapple. By virtue that technology allows it, combatants become slave to a predetermined outcome:

When we attacked the next patrol boat, a Japanese sailor threw his hands up as if to surrender. I guess he expected us to stop and take him prisoner. We shot him and left this boat smoking too.

The Medals
Friendship Medals exchanged between Japan and the US found themselves requisitioned for Doolittle’s Raid:

Several years prior to the war, medals of friendship and good relationship were awarded to several people of the United States by the Japanese government.  In substance these medals were symbolic of the friendship and cooperation between the nations and were to represent the duration of this attitude.  It was decided by the Secretary of the Navy, Mr. Frank Knox, that the time was appropriate to have these medals returned.  They had been awarded to Mr. Daniel J. Quigley, Mr. John D. Laurey, Mr. H. Vormstein and Lt. Stephen Jurkis.

After arrangements had been made and the medals secured, a ceremony was held on the deck of the Hornet during which the medals were wired to a 500 lb. bomb to be carried by Lt. Ted Lawson and returned to the Japanese government in an appropriate fashion.

Lawson’s plane no 40-2261 dropped that bomb on an “industrial section of Tokyo” omitting to mention that Japan’s industry was still a post-feudal cottage industry.

“The medals were subsequently delivered in small pieces to their donors in Tokyo by Lt. Ted Lawson at about noon, Saturday, April 18, 1942.”

–Mitscher, M.A. Letter Report to Commander Pacific Fleet.

“Through the courtesy of the War Department your Japanese medal and similar medals, turned in for shipment, were returned to His Royal Highness, The Emperor of Japan on April 18, 1942.”

–Knox, F. Letter Report to Mr. H. Vormstein

ARGO is a near deftly crafted thriller, jingoist agitprop, full-on Islamophobic mockumentary

This movie is rated AYFKM– Film critics are unanimous in their praise of ARGO, Ben Affleck’s retelling of an Iran Hostage Crisis era escape caper. Either these reviews also reflect media agencies uniformly shrugging off Argo’s obvious anti-Iranian jingoism or these authors are inured to crude Islamophobic propaganda. Whatever the film’s highly praised period piece accuracies, the Angry Arab and bearded terrorist stereotype are pure post-9/11 refinements. The ill-fitting eyeglass frames, face-obstructing Prell hair, and presumed fitness-less sloop-shouldered physiques pretend to lampoon everyone of that era, but the character assassination is precision targeted at Iranians, all of them.

“Mockumentary” is meant to describe a mock documentary. Argo is not a documentary, although it asserts to be historical, but most assuredly it mocks.

Borat couldn’t have made this film more offensive. If the Muslim world wasn’t in an uproar about a fictional Hollywood video disparaging to Islam, Argo would do it. What a mockery to pretend that real Zionist movie moguls aren’t laughing about a story that depicts Jewish movie industryists pranking Iran with a fake production they called Ar-Go Fuck Yourself.

Let’s dispel right away the pretense of historical accuracy. The painstaking period details, and mimicked video footage is meant to lend a scent of authenticity to a CIA personnel expatriation that did happen, but much of the villain-at-their-heels tension was fabricated. Poetic license might excuse drama, were it not for the added perk of vilifying, parodying and humiliating a people.

I counted no insult spared. Angry Arabs (the Persians aren’t Arab — do they filmmakers know or care?) never attenuating their cacophonous accusatory gibberish. Death squads circulating house to house, Muslim-garbed women hypocritically enjoying Western fast food, every dark face a humorless compassionless fanatic, their soldiers hirsute menacing mongrels who do everything by force.

I’m off to research Argo’s fabrications which so flavor the Iran-bashing. For the time being I can surmise two. The film assert that the White House pulled the operation at the last minute, prompting ballsy improvisation when our hero agent went rogue. Later he was awarded the CIA’ highest honor. How likely was it that they gave a medal to an agent who really defied every link of his chain of command? Unless he didn’t. And second, the movie plot has Iran’s Revolutionary Guards so hot on their heels that the guards shoot their way through airport doors and mount pickup trucks to brandish guns as they chase a departing jumbo jet along the runway, providing Argo that Black Hawk Down, post-apocalypse Iraq, Libyan rebel stereotype sent up so well in Team America. The tarmac scene is witnessed only by the movie audience and the CIA extraction specialist as he looks out the airplane window. None of his charges sees it because they are of course real people who could do interviews and swiftly confirm the exaggeration.

NOW: Support the Tar Sands Blockade, includes DIY direct action supply list!


BREAKING: Does effective direct action get more exciting than this?

You can support the ongoing action: here’s their wish list. At the same time, an excellent inventory of what YOU’LL NEED to scramble a tree-sit if the XL Pipeline is coming your way.

To read this list is like being there, and I think, it brings you one step closer.

CLIMB GEAR
• 91/2-12 mm static kern-mantle/ arborist climb lines
• 5/8ths CWC truck rope or Tytan
• arborist throw lines and throw bags.
• 6mm accessory cord (climb rated)
• 1” tubular webbing
• rock/tree climbing harnesses all sizes mostly medium
• locking climb rated steel and aluminum carabiners
• climb rated pulleys (preferably tandem speed)
• Petzl steel quick links
TECH
• gmrs radios with silent and ear bud options
• Energizer XP18000s
• batteries (AA/AAA/Go Pro Batteries)
• GoProHero2?s & extra batteries
• Netbooks
• small portable solar panels with battery
• Pelican cases (large and small)
• deer/trail cameras
• satellite phones
• MacBook Pro’s
• MiniDV tapes
• 16GB SDcards (Class 10 preferred)
• 8GB+ flash drives
• Canon VIXIA HF R300?s (and extra batteries & charger deck)
• verizon wifi hotspots
• ATN PVS7-3A 3rd Gen or similar Night Vision Binocular Goggles
• Field watches
• car inverters
• 1TB USB External Hard Drives (mac&pc compatible)
MEDICAL
• splints
• coband
• braces (limb)
• disinfectant/antibacterial swabs
• compact girny
• saline
• epsom salt
• joint braces
• gauze rolls
• ace bandage
• Benedryl (anti-allergy)
• nitrile gloves
• trauma shears
APPAREL
• rain gear
• warm clothes (wool or synthetic earth tones) and socks!
• tarps/tents
• wool blanketss
• sleeping bags
• camping hammocks
• headlamps with blue or green (preferred) or red LED option
• work gloves
• towels
TOOLS & MATERIALS
• angle grinder
• chopsaws
• battery powered drills and impact drivers (makita, delta, bosch)
• welder (arc)
• handsaws
• shovels
• pickaxes
• rope: seriously, anything
• 550 parachute cord
• chain
• knives
• multitools (Leatherman or Gerber)
• plywood (3/8”-3/4” – 4?x8? sheets)
• 2×4?s
• decking screws
• 3/8-1/2” bolts and nuts
FOOD
• coffee (good and strong)
• bulk grains
• produce
• spices
• condiments
• non-perishables
• EmergenC
• tea
• MRE’s
ART
• muslin/canvas
• paint (buckets and spray)
• general art supplies
• projector (mac/pc compatible)
• gromet kit
• paint brushes
• paint sticks /mops
• supplies for building 15 ft + puppets
OTHER
• cans of rolling tobacco
• vehicles (junk or drivable)
• All Terrain Vehicles ATV’s
• thermoses
• dirt bikes
• toilet paper
• soap
• water filters
• backpacks
• all-natural cleaning supplies
• camelbaks
• generator 600watt plus
• all-natural mosquito repellant
• condoms
• tampons
• verizon prepaid phone cards

Oops. McDonalds shill Ryan Lochte says he ate sponsor’s food in Beijing, won fewer medals.

Literally, Ryan Lochte scored his piece of silver at the 2012 London Games for endorsing McDonalds’ unolympian crap-food. But in London Lochte waited until after his competitive events to “go to McDonalds”. His fellow shill Michael Phelps added a vicarious, thus safer, third person endorsement, as one might exclaim “He’s going to Disneyland”. At the 2008 games in Beijing, Lochte purports to have eaten the official sponsor’s crap “for breakfast, lunch and dinner over 10 days” but came away with one less medal. Lochte didn’t see SUPERSIZE ME to know his fast food mythology has already been debunked.

Hardees, Carls Jr, like you mean it


TRUTH IN ADVERTISING DEPT.– Critics of the latest Hardees & Carls Jr ad campaign don’t think the supermodel actually means to eat that egg & bacon cheeseburger, sandwiched between buns of mortarboard. Obviously she’s neither eating that burger, nor blowing it. But don’t underestimate her acting skill, or the porn food purveyor’s poisonous intent. This is truth in advertising, and that’s the money shot because Hardees knows their customer.

Sheriff Andy Griffith is not survived by Officer Friendly or Rural Free Delivery

Kindly TV sheriff Andy Griffith lived to see the armoring up of America’s police force, and the vanishing of rural farming communities and their requisite “socialized” postal service (namesake of his TV series Mayberry RFD), the result of corporate food production, and the privatization endgame. In the 50s, the violent inanity of football was mystery enough.

Are Colorado Springs Citizens Being Gagged On Fracking Issue?

Our colleague Lotus has initiated some fruitful correspondence on the subject of the still-impending fracking of the Pikes Peak region. In light of the City’s abrupt cancellation of the May 17 public hearing, we’ll present excerpts of his emails and telephone notes here.

Are Colorado Springs Citizens Being Gagged On Fracking Issue?

The fracking hearing was cancelled. The more I learn about how the fracking issue is being dealt with in Colorado Springs, the more it looks like citizens have very little room for input. This even seems to be true of the way the City Council Advisory Committee on fracking was run – very little room for public input.

The letter from Councilman Val Snider below seems to be saying that the public will only be allowed to respond to the recommendations of the advisory committee, will not be allowed general input concerning the issue of fracking.

It appears that 4-5 people from Huerfano/Las Animas Counties, who have been harmed by fracking, may be willing to speak to the city council and the public here in Colorado Springs. But the process seems to be so closed that it does not appear likely that these people who were harmed will be allowed to speak, allowed to warn people here in Colorado Springs what may be in store for them if they allow fracking in Colorado Springs. The informal Council meetings do not allow for public input. The formal meeting only allow for 3 minutes of input on subjects not on the agenda. And what will be on the agenda may not allow for general input, will be limited to discussion of the recommendations of the committee.

I read articles about how the El Paso County Commission dealt with fracking, and they ignored the recommendations of their own planning commission when they watered down their regulations. Where is the protection of our water, land and air when it comes to fracking? There does not seem to be much of any.

Lotus

From Colorado Springs City Councilman Val Snyder:

Hi Lotus,

The city will not be having any public meetings on fracking. The city will have public meetings on the recommendations of the Oil and Gas Committee on areas of potential regulation for oil and gas activities. The first public meeting on this is May 24, 6-8pm, at the City Administration Building.

There will be opportunities for public comment before City Council, as the potential oil and gas regulations work their way through the process. The first is tentatively scheduled for June 12, a formal Council meeting.

Thank you for your writing.

Val

From a telephone conversation with May Jensen:

Anti-Fracking Info From Mary Jensen & Other Info
(From my notes, so hope is accurate.)

I have been wondering why people from other communities who have been harmed by fracking (their land, water, personally, etc) have not been asked to speak to the local Colorado Springs City Council, El Paso County Commissioners, etc. So I finally located the author of a letter to the editor of the CS Independent, Mary Jensen, who has a doctorate in applied clinical nutrition.

Mary Jensen’s March 8-14, 2012 email:

Fracking concoction by Mary Jensen:

Across the state and the country, there is documented evidence of wells being contaminated by chemicals used in oil and gas fracking. Yet Gov. John Hickenlooper recently demonstrated how supposedly safe fracked water is by taking “a swig of it.”

I am incensed at the example he’s setting — playing Russian roulette by drinking water that may or may not have been sanitized for a cheap publicity stunt. He need only look as far as his own state to see the irreparable harm done to our people, our livestock, our air, our water and our lands.
Here are some materials Hickenlooper might have ingested in his fracked beverage:

• Benzene, a powerful bone-marrow poison (aplastic anemia) associated with leukemia, breast and uterine cancer. It may also cause fatigue, skin and mucous membrane irritation, and narcotic behavior including lightheadedness, disorientation, loss of consciousness and coma.

• Styrene, which may cause eye and mucous membrane irritation, neurotoxic effects in the central and peripheral nervous systems, loss of consciousness and death.

• Toluene, which may cause muscular incoordination, tremors, hearing loss, dizziness, vertigo, emotional instability and delusions, liver and kidney damage, and anemia — besides potential harm to developing fetuses.

• Xylene, with cancer-causing and neurotoxic effects, which can cause reproductive abnormalities and death through respiratory or cardiac arrest. More toxic than benzene and toluene!

• Methylene chloride, which may cause cancer, liver and kidney damage, central nervous system disorders and worse.

• Or any of more than 1,000 other safe “food additives” used by the oil and gas industry.

Hickenlooper is welcome to come down to Huerfano and Las Animas counties to talk with the ranchers and other folks who have been irreparably damaged by these poisons.

— Mary Jensen, Ph.D.

From telephone conversation with Mary Jensen on 5-12-12:

Mary especially emphasized that we should get Josh Joswick to speak to our elected leaders. Josh Joswick: commissioner in southern Colorado’s La Plata County, which successfully fought state regulators and companies in court for a say in oil and gas production.

http://www.chron.com/business/energy/article/Drilling-threatens-nature-Colorado-residents-say-1968302.php

Josh Joswick is now a Staff Organizer, Oil and Gas Issues the San Juan Citizens Alliance Staff Organizer, Colorado Energy Issues josh@sanjuancitizens.org Josh brings nearly 20 years of experience in dealing with the oil and gas industry to the position of Oil and Gas Issues Organizer. He served three terms as a La Plata County Commissioner from January 1993 to January 2005; in that capacity, locally he worked to see that La Plata County’s oil and gas land use regulations were not only enforced but expanded to protect surface owners’ rights. Josh has dealt with numerous agencies, and legislative and Congressional elected officials, to uphold the rights of local governments to exercise their land use authority as it pertained to oil and gas development, and to assert the right of local government to address with the environmental impacts of oil and gas development.

http://www.sanjuancitizens.org/otherpages/contact.shtml

http://www.spoke.com/people/josh-joswick-3e1429c09e597c10008191b9

Mary Jensen said there are probably at least 4-5 people who have been adversely affected by fracking that would be willing to travel to Colorado Springs in order to speak to the Council. Many people have gone to court and signed a settlement that they later learned prevents them from speaking to the press. Many of these people have spent everything they have fighting the fracking companies in court.

Silencing Communities: How the Fracking Industry Keeps Its Secrets
http://truth-out.org/news/item/9004-silencing-communities-how-the-fracking-industry-keeps-its- secrets

See attached two page fracking information add that was run in the LaVeta Signature and Huerfano County Journal. Organizers paid over $2,000 for these adds.

Mary mentioned that 6 people in her area have died of brain cancer, and another person has brain cancer.

Mary Jensen went on to say that she had heard that drilling down around Trinidad was disastrous in terms of contaminating many wells, but she did not have specifics. Her understanding is that the gas company declared bankruptcy and walked away from it all. (Contaminated wells are not likely to be usable for 100 years.)

In one of the Gazette articles, see below, it said that the Colorado Springs moratorium on fracking ends May 31, 2012. (A reason to extend the moratorium would be in order to provide more time to revise the regulatory structure.)

Mary said that fracking, this dangerous method of oil and gas extraction, is not more effective than simply drilling for oil and gas. Read: Deborah Rogers Transcript of “In Their Own Words: Examining Shale Gas Hype”

http://preservethefingerlakes.org/?p=127

Mary said that there is now a network of 14 anti-fracking organizations. The contact for getting on the Grassroots EnErgy activist Network (GREEN) is Citizens for Huerfano County, Kelly Kringel, kkringel@gmail.com

The CHC website is http://www.huerfanofrack.com/.

Also there is going to be a Colorado Grassroots Fractivist Summit, Jun 9, 2012

Mary stated that it was important that I visit the website TEDX http://www.endocrinedisruption.com/home.php and learn about the 600+ chemical used in fracking hundreds of which adversely affect the endocrine system.

http://www.endocrinedisruption.com/home.php

Mary said another important resource on fracking is A Primer for Local Governments on Environmental Liability

http://www.mrsc.org/subjects/environment/envliabprim.pdf

She said that the president of Citizens for Huerfano County, Kelly Kringel, kkringel@gmail.com , would be able to provide me with access to this document. The CHC website is
http://www.huerfanofrack.com/

On http://www.huerfanofrack.com/ I located POW: Protect Our Wells appears to be a mainly Colorado Springs based group. The president is Sandy Martin, 719-351-1640, sandra@protectourwells.org .

Other board members also seem to have CS area phone numbers

http://www.protectourwells.org/ ,
http://www.protectourwells.org/BOD.html .
http://www.huerfanofrack.com/
also listed the Sierra Club
http://rmc.sierraclub.org/ppg/
and Green Cities Coalition, which I am already familiar with.
http://www.greencitiescoalition.net/index.php?option=com_content&view=article&id=88&Itemid=30

Both of these organizations have people on the committee advising the Colorado Springs City Council on fracking.

Mary said that Perry Cabot from Colorado State University in Pueblo was helping people in her area with base line water studies. These are needed in order to later prove well contamination.

Mary said the Land Owner’s Guide To Oil and Gas Development by the Oil and Gas Accountability Project was another important document. And also the book Oil and Gas At Your Door: 970-259-3353.

Citizens for Huerfano County President, Kelly Kringel, kkringel@gmail.com, asked in an email if I knew Mary Talbott. I do not, so I did a search and came up with:

Mary Talbott & fracking issue:

Commissioner to energy company: ‘We’re scared of you’

http://www.gazette.com/articles/drilling-127253-county-approved.html

Citizens, county respond to frack attack

(Talbott, who is retired from the El Paso County Department of Health and Environment and does not live near prospective drill sites)

County, city leaders to get a present on Tuesday

(She plans to hand them a copy of “Split Estate,” a 75-minute DVD about drilling issues in Rifle, Colo. )

http://thecountyseat.freedomblogging.com/tag/el-paso-county-commissioners/

Talbott presented fracking report to El Paso County Board of Health (bottom p 3)

http://www.elpasocountyhealth.org/sites/default/files/11_14_11_Minutes.pdf

What has happened in El Paso County…Majority of Commissioners Ignored head of own planning commission, and the recommendations of the Commission!

Gazette article:

County adopts slimmed-down oil and gas regulations

ANDREW WINEKE
THE GAZETTE

http://www.gazette.com/articles/talbott-129368-denver-citizens.html

El Paso County commissioners on Tuesday narrowly approved a basic set of regulations to govern oil and gas drilling in the county.

The Board of County Commissioners voted 3-2 to approve a proposal that was significantly scaled down from what the county’s planning commission approved earlier this month. The regulations govern transportation, emergency response, noxious weeds and, controversially, water quality issues related to drilling.

Commissioners Peggy Littleton and Darryl Glenn objected to the water quality regulations, arguing that the county was overstepping its authority because the Colorado Oil and Gas Conservation Commission also regulates drilling-related water issues.

“I think it would be irresponsible for us to open ourselves up to lawsuits,” Littleton said.
The Attorney General’s Office and oil and gas commission director Dave Neslin have expressed concern over the county’s proposed rules, both in the version approved by the planning commission and a trimmed-down version the county’s planning staff developed last week, arguing that the county can’t regulate areas where the state has its rules in place.

However, commissioners Amy Lathen, Sallie Clark and Dennis Hisey said that water quality was too important to leave up to the state.

“I really don’t mind pushing the envelope when it comes to our water quality,” Hisey said.
The water quality monitoring regulations adopted by the county are similar to what the oil and gas commission has agreed to in other counties, requiring wells to be monitored initially for a baseline measurement and then at one, three, and six-year intervals after drilling begins.

The commissioners scrapped most of the rules proposed by the planning commission, including measures that would have governed setbacks from structures and property lines, mitigation of visual impacts and noise and impacts to wildlife. The commissioners will instead try to address those issues by working with the oil and gas commission on an intergovernmental agreement.

Getting some kind of oil and gas regulations in place was vitally important for the county, since a moratorium on oil and gas permits expired at midnight Tuesday and the county had no other regulations in place. Houston-based Ultra Resources has applied to drill six wells in El Paso County, four in unincorporated parts of the county and two more in Banning Lewis Ranch, inside the Colorado Springs city limits. The city imposed its own moratorium and set up a task force to study oil and gas regulations. The task force plans to make a recommendation to City Council by early May.
All of this was decided in a meeting that stretched nearly nine hours Tuesday. Several dozen speakers weighed in on the proposed regulations on each side of the issue.

Jeff Cahill, who lives near the Corral Bluffs Open Space, said that the proposed drilling has already hurt his property values and made it difficult for he and his wife to sell their home.
“They say they’re not going to impact us,” he told the commission. “Well, they’ve already impacted me.”

Steve Hicks, chairman of the El Paso County planning commission, urged the commission to pass more stringent regulations such as those approved by the planning commission.

“At times, there needs to be extra regulation where the state doesn’t go far enough, and this is one of them,” he said.

Other speakers praised the economic potential of expanded oil and gas development in the county.
Bob Stovall recounted his experience as an oil and gas lawyer and a city attorney in Farmington, N.M.

“Air is pretty clean there. Water is pretty clean there – and that’s after 100 years of oil and gas,” he said. “If oil and gas is around in this county, it could be good for us and it can be done well.”

Tisha Conoly Schuller, president and CEO of the Colorado Oil and Gas Association, said the county’s new regulations were a good framework to build on.

“The El Paso County commissioners made significant progress today,” she said. “The rules passed are 90 percent within the guidance provided by the Attorney General. There are still a couple of important issues to work through, but I am confident that the county is serious about finding common ground, and after seeing the progress made today, we will continue to work toward county regulations that are protective of the environment and within the scope of the county’s jurisdiction.”

Read more:

http://www.gazette.com/articles/county-132696-water-quality.html#ixzz1ujNiqAjK

Split Estate: an eye-opening examination of the consequences and conflicts that can arise between surface land owners in the western United States, and those who own and extract the energy and mineral rights below. http://splitestate.com/

http://www.splitestate.com/video_clips.html
http://www.amazon.com/s/ref=nb_sb_noss?rh=n%3A2625373011%2Ck%3Asplit+estate+dvd&k eywords=split+estate+dvd&ie=UTF8

“split estate,” in which landowners have surface rights but someone else owns the rights to the underground minerals. Josh Joswick : commissioner in southern Colorado’s La Plata County, which successfully fought state regulators and companies in court for a say in oil and gas production.

http://www.chron.com/business/energy/article/Drilling-threatens-nature-Colorado-residents-say- 1968302.php ;

http://www.spoke.com/people/josh-joswick-3e1429c09e597c10008191b9

Gasland, a documentary on fracking.
http://www.gaslandthemovie.com/whats- fracking/affirming-gasland ,
http://www.gaslandthemovie.com/
http://gizmodo.com/5905909/gasland-the-definitive-documentary-on-fracking

Frack-happy Ultra Petroleum is the city’s largest private landowner. What kind of neighbor might it be?

Ultra Petroleum Corp., which owns subsidiary Ultra Resources…has most of the leases and permits in El Paso County and Colorado Springs

http://www.csindy.com/coloradosprings/close-up/Content?oid=2422410

No dilemma, the human omnivore’s prerogative is unsustainable

Radical slow food guru Joel Salatin is not popular with vegetarians. New Age wisdom has held that modern man had to transcend meat, the only sustainable future calling for us to cut out the middle beast and narrow our source of nutrition to the more efficient vegetable kingdom. Except it turns out that agriculture is no more sustainable than mining. Here’s the lesson I gleaned from Joel Salatin’s lecture last Saturday. Nature wants to grow grass not grain. The greatest environmental disaster to befall Earth was mankind’s development of wheat. Calling humans omnivores pretends we can eat anything, when in reality outside of meat we’re limited to the product of tillage, for the most part requiring irrigation and fertilizer. A sustainable biosphere calls for perennials cycled through their consumers, ruminant herbivores. As omni as we wanna be, we’re not herbivores.