DENVER, COLORADO- Our #S17 bash for the fourth anniversary of #OWS was interrupted by an eviction, actually the second sweep of the Lindsey Flanigan Plaza that day, where Denver police and SWAT took everything, our inverter, sewing machine, banners, posters, flags, fliers, file cabinet (administration tower #1), even our kitchen sink. Everything but our CAKE!
DENVER, COLORADO- At 1am last night, the Lindsey Flanigan Plaza Occupiers defended against their twelfth police raid in 30 days, this one a sweep of violations of the city’s “Urban Camping Ban”. After forcing individual sleepers to stand and feign gathering their things, the police officers left without confiscations, citations, or arrests. The supervising officer admitted that DPD orders are to disrupt the protest camp every night.
During the day, police enforce a statute 49-246 allowing the director of public works to designate “encumbrances” on the public right-of-way. Occupy is of course, by definition, an encumbrance. Officers make protesters fold up chairs and umbrellas and threaten to arrest anyone who puts them back up.
At night the DPD enforce an ordinance against sleeping in public. The officers make their presence felt, then take off. Meant to make the camping spot less hospitable, homeless participants see through the ruse and swiftly resume their slumber. With who-knows how many HALO cameras focused on us, the plaza is the safest bed in town.
The unintended consequence of the nightly raids is that campers oversleep. When the courthouse opens, the public streaming in gets a shocking view of what otherwise goes unseen: homeless sleepers on the concrete.
DENVER, COLORADO- Halo camera operators spotted Lizzie AT LARGE in the Lindsey Flanigan Courthouse Plaza on Sunday night. Ten police cruisers arrived to deliver the citation. They stuck around to make other inquiries, someone wouldn’t offer ID on command so they put him in handcuffs, he did not consent to a search but they searched him anyway and released him.
DENVER, COLORADO- Occupier Adrian “Monk” Morningglory draws unwanted attention at the Lindsey Flanigan Courthouse protest camp as nearby detention center personnel continue to deny activists access to the public bathrooms. Meanwhile the Colorado Attorney General has filed a motion to vacate the injunction barring the enforcement of a court order banning protest in the courthouse plaza. The AG argues that protest denigrates the decorum necessary for a functional justice center, exhibit one, evidence encountered that a protester defecated in Lindsey Flanigan’s expensive landscaping. It’s unlikely to fly but a Denver chief judge thought he could ban free speech from the entire complex and city administrators behave like it’s written in stone: give ’em an inch and they’ll shit in your park.
DENVER, COLORADO- Occupy Denver’s Jury Nullification Education Protest Camp had gathered steam Labor Day weekend, overnight participation growing to thirty sleepers Monday night, but at 4:30pm Tuesday DPD riot cops swept through the camp in force. Activists were allowed to save only what they could carry. All other items were considered “abandoned” and then removed by the officers as “encumbrances” as outlawed by notices recently posted by DPD. Nearly a hundred police officers in riot gear, including two vehicles carrying SWAT soldiers, swooped upon the Lindsey-Flanigan Plaza encampment when the afternoon camp security team had dwindled to four. Only one camera was on hand to record the police raid. Over the course of 45 minutes, homeless contingents were able to scramble to preempt the DPD confiscating their personal items. Once again the police appear to time their raid when most of the protesters have stepped away. Will Occupy Denver have the stamina and resilience to stand against the constant stealing of its resources?
The Occupy Denver participation is already weakened by counterinsurgent strategies to demoralize and marginalize their actions from within. The Denver activist community has seasoned social media promotors and videographers who are being waylaid from assisting the city’s highest profile protest since the Occupy movement of 2011.
Two arrests that made national news, a court order, a “Plaza Order” amended, a preliminary injunction granted, a contempt of court ruling declined, four more arrests for erecting “encumbrances”, then two more. A total of six raids, two evictions, and not a hope that any of the charges will stick. Next the District Attorney will be subpoenaed. Can an action be any more successful?
Someone got a citation for public urination this weekend at the protest occupation of the Lindsey Flanigan Courthouse. This may be due in part to overnight guest demonstrators now being denied access to the public restrooms at the adjacent detention center. Ironically many of those shut out are frequent patrons and fee-payers of the jail.
Occupy activists will very likely not be allowed to erect an outhouse, based on the structural restrictions which police are enforcing against “encumbrances”. So far the jail pretends to have full discretion to discriminate among who can use its 24-hour toilets. Thus camp bathroom facilities will remain al fresco, but that should not preclude urban toilet amenities with which camp organizers can designate latrines and shit holes to keep participants from littering the landscaping with poop.
DENVER, COLORADO- Occupy activists had no sooner retrieved their pop-up canopy, which the Denver police had been ordered to return, and re-erected it, when riot cops marched in again to re-confiscate it! After tearing down the now usual “encumbrances” Friday morning, this time the canopy, table and chairs, and not also the handcart, drums, signs, banners, brochures, water, and personal items, the officers were determined to issue a citation. But for what? Apparently LIZZIE had been spied off-leash on the city’s Halo surveillance cameras.
Lizzie’s owner was not on the scene, but the humble Canis Lupus Coracinus had been entrusted to fellow Occupier Caryn Sodaro, who swore to break pig skulls before she would ever surrender Lizzie to the pigs. Behind the SWAT team and shielded riot cops, two officers were approaching with a black leash.
Onlookers have described the strange tiptoeing that’s overtaken the latest dances between activists and the DPD, but witnesses to this scene can attest they were bracing themselves for both Caryn and Lizzie’s abrupt demise. Fortunately the DPD deescalated and wrote a citation as other Occupiers took photographs of the surreal show of force. The circus, a literal circus, was calculated no doubt to overcome Occupy’s well broadcasted Oppositional Defiant Disorder.
It’s presumed DPD Intelligence knew that Lizzie had been anointed the newest leader of Occupy Denver. Their recordings would also have reflected that we expected she be accorded diplomatic immunity from the city leash law. Lizzie is the successor of Shelby, the border collie who made news in 2011 as the inaugural “leader” of Occupy Denver, when Colorado Governor John Hickenlooper wouldn’t accept a leaderless movement.
DENVER, COLORADO- Eric Brandt got a surprise at the detention center courtroom on Friday. Then the magistrate who sentenced Eric for contempt of court got a surprise.
Eric wore his “fuck cops” t-shirt into courtroom 2300 this morning where his friend Monk was making a first appearance while still in custody. Everyone waved to Monk sitting among the inmates and stood in solidarity until the judge entered. But it wasn’t a judge we were used it seeing, it was Magistrate John Hoffman who Eric failed to recognize from one of Eric’s 43 ongoing “fuckcops” cases. The magistrate asked Eric to stand, then read the text of Eric’s shirt into the record, then reminded Eric that he’d warned him if he wore the shirt again in his courtroom he’d be held in contempt, and then he sentenced Eric to twenty days in jail.
Eric objected claiming he had no foreknowledge that this magistrate would preside today and cited “Cohen v. California” as to why this sentence was unconstitutional.
“Tell that to the ACLU” said Magistrate Hoffman as Eric was put in handcuffs.
“Fuck You Judge Hoffman” exclaimed Eric.
“I sentence you to ten more days for that outburst” shouted Hoffman. “Be sure to let the Sheriff know that Eric Brandt is to serve thirty days not twenty” Hoffman explained to the deputy as Eric was moved through the inmate booth.
The magistrate had no name plate and neither the prosecutor nor the deputies would tell us his name. Finally a clerk outside obliged and I made a call to Eric’s lawyer. Within minutes the magistrate announced that Eric should be brought back into the courtroom. A half hour later he was free, ordered out of the building, which he left loudly.
It turns out Eric’s lawyer hadn’t intervened at all. The magistrate’s “tell it to the ACLU” quip was repeated through the courtroom staff where it reached the city attorney’s office. They made the call and told magistrate Hoffman to stand down.
So Eric was sentenced at 9am and out by 10am. A new record for him at least.
The accompanying photos do not have anything to do with Eric’s Jail to Freedom speed record, but they’re not entirely unrelated. They depict his next arrest later that day, the details to follow.
DENVER, COLORADO- On Thursday July 30 in Denver Municipal Court, Argonaut Liquor succeeded with what the City of Denver and its violent policemen have been trying to do for years: take down Occupy Denver activist Caryn Sodaro. Earlier this year, Caryn was attempting to film the DPD as they brutalized a handcuffed detainee in the parking lot of the liquor store on Colfax Ave. When store managers couldn’t block her camera phone with their hands, they authorized officers to arrest Caryn for trespassing. Of course they had to pretend she’d been warned once before.
Yesterday a jury found Caryn Sodaro guilty of trespass, though they heard scant mention of the crime she was trying to document and prevent. It didn’t come up and video evidence was snipped to exclude it. Videos from multiple vantage points were excluded and witnesses were not questioned about the brutality they saw. Protesters were characterized as protesting the police, not police VIOLENCE and not protesting to PREVENT IT.
In one of the trial’s most surreal moments, the city attorneys were trying to admit officer body cam evidence taken of Caryn after her arrest, angrily describing the brutality she witnessed. The prosecutors hoped her coarse language would displease the jury. The defense attorney objected for that reason, even though it would have been the only evidence to explain why Caryn risked arrest, if indeed she knew she was not allowed on the Argonaut lot. The judge disallowed that video in the only ruling she made in favor of the defense.
Caryn’s protesting activity has been given area restrictions before and friends know how strictly she adhered to them, unconstitutional as they were. Drivers giving her rides had to take detours to keep Caryn geographically safe. When a defense witness tried to add this detail, or that he’d returned often to the Argonaut even while the managers had testified that he too had been “trespassed”, the defense attorney cut him off, stopping his own friendly witness with “I ask the questions here.”
I’ve seen valiant public defenders, but this free public servant was determined to give Caryn her money’s worth. No character witnesses, no context of Caryn’s activism, nor even sympathy for her altruism. The argument was restricted to: did Caryn trespass or not, and Argonaut employees perjured themselves claiming that Caryn had been instructed twenty days before that she was “trespassed” from Argonaut’s property. That incident was provoked by Caryn being harassed and humiliated by an in-store Argonaut rent-a-cop who followed her to the checkout stand and told her she was “too drunk” to purchase a bottle of wine. He initiated a shouting match, not she, and that’s another detail the PD declined to exploit.
Did I mention Caryn’s public defender opted to forgo his opening statement! The jury was let to assume the case was about a retailer’s property rights versus a group of protesters’ whim for trespassing.
Even when public defenders are brighter than you expect, it’s important to remember they don’t work for you. Public defenders serve the judicial system, this one determined to preserve law and order even when it is demonstrably racist and violent. Mr. DiPetro, the Judge and the city attorneys colluded to frame Caryn’s prosecution as independent of the DPD’s agenda to target her and bring her down. At moments of the two day trial, the audience was equal parts fellow activists, armed sheriff deputes, and DA attorneys gathered to oversee the exploitation of charges pressed by Argonaut Liquor. The only laugh the audience was allowed was when officer descended on Caryn, eager to put her in handcuffs, before she even had time to sign the paperwork required to imprison her.
DENVER, COLORADO- Soft-spoken activist Mark Iannicelli sits in the Denver County Detention Center tonight, wrongfully arrested for passing out fliers in front of the Lindsey-Flanigan Courthouse on Monday. Though he and an accomplice had no personal interest in any trial at the municipal courthouse, Mark was charged with JURY TAMPERING, a felony with a minimum bond of $5,000. Mark was disseminating information about JURY NULLIFICATION, technically “know your rights” material, to people entering the courthouse. Jury nullification is an unpopular legal concept with a judicial system meant to crank out fines and jail sentences, but the US Supreme Court has affirmed the right of juries to think beyond their allotted jury instructions and the right of citizens to spread the word about that super-judicial discretion. As Mark was being handcuffed, a passing attorney tried to intervene. Asked if he was Mark’s counsel, the lawyer volunteered that he very well might be. Video of the arrest has already been filed with appropriate law offices and as a result Mark has representation. Though he was arrested before noon, as of 11:30pm Mark’s fingerprints have not yet “cleared”, until which time a bond cannot be posted. Meanwhile Mark’s inmate status has changed to “no bond allowed.” If these capricious abuses of authority persist beyond 7am, Mark will appear before a judge at 10am Tuesday.
DENVER, COLORADO- The No-Peace-For-Iran rally hosted by Zionist front group Americans Against Terrorism (AAT) on the capitol steps on Sunday was outnumbered by pro-Palestinian activists shouting from below. While one racist warmonger told the crowd “pay no attention to the kebabs on the sidewalk”, a Code Pink activist was able to hold up a banner right in front of the podium.
Her banner read: “STOP THE NEXT WAR NOW! WARMONGERS BEGET TERRORISTS!” but it took the audience a minute to register that her message clashed with theirs. Then she was grabbed and pulled forcibly away.
The AAT rally was much smaller than the year previous. Enthusiasm for Christian Zionist end-time-ism, Islamophobia, anti-Iran sentiment, and Standing-with-Israel, appears to be expiring.
Another measure of the success of the counterprotest was AAT deciding to take down a large Israeli flag which they’d draped on the capitol as a backdrop when antiwar activists arrived with a similarly blue-striped banner reading “Israel is a terrorist state”. Along with Code Pink and Occupy Denver, counterprotest included many Jewish peace activists, even a couple who were Israeli.
David Anderson, who took the photograph above and who insisted the pro-war goons unhand their unwelcome guest, described the scene thus:
It should be noted that when Republicans and Israel call their group “Americans Against Terrorism”. They mean the opposite, They want to bomb and terrorize Iran just as they have done in Palestine for years. This is a tired old trick that the citizens are catching on to.
The AAT would not exist, were it not for the funds from Israel. Another smoke screen by Israel is to call their group “Americans”. This is called; whip your friends into a frenzy, then get them to fight your battle for you.
And there you have the reason this one small woman with a message of truth strikes fear into the hearts of liars and hypocrites.
DENVER, COLORADO- The annual Western Conservative Summit convened at the Colorado Convention Center on Friday but not without loud protestations from Occupy Denver activists. Denver police held their own demonstration of how to trample civil liberties when their Republican clients command it.
DENVER, COLORADO- Occupy Denver activist Caryn Sodaro was arrested in April for filming Denver police officers physically tormenting a drunken itinerant behind the Argonant liquor store on 760 East Colfax. Appearing in municipal court yesterday Caryn learned her accusers aren’t the DPD but Argonaut itself, whose employees charge Caryn with trespass for not removing herself from their parking lot with sufficient deference. Caryn was among a group of onlookers who were hoping to curb the police abuse by recording it. Of course documenting police brutality is not illegal, so the City of Denver is relying on private interests to complain to take the heat from law enforcement’s decision to make an arrest. You might well ask, what interest does the Argonaut have to keep customers or passersby from witnessing police officers kicking homeless men behind its store?
Caryn was retreating as ordered. In fact she was four spectators removed from the crime scene when DPD reinforcements lunged toward her to nab her.
Now the DPD want to hang Caryn’s arrest on a technicality, that she was trespassing, ignoring whether witnessing the potential commission of a crime wouldn’t be sufficient excuse to bend the Argonaut’s property rights. No one otherwise pretends that crimes like domestic violence are protected by claims to the privacy afforded by private property. Why does the DPD think its officers can indulge sadistic tendencies behind a veil of private security guards?
On Tuesday Argonant dispatched staffers Chris Crowley and William Dehl to bear witness against Caryn Sodaro. I wouldn’t bother to highlight the pair’s personal identities here were it not for a colorful twist in the courtroom which in retrospect is unsurprising from blond thick-necked goons who may delight in watching inebriates get the jack-boot. Waiting their turn to receive instruction from the judge, Crowley and Dehl amused themselves through the long morning docket by making disparaging and racist remarks to each other about the mainly Hispanic and black defendants in the clutches of Denver’s judicial quagmire, many of whom were in-custody and could not post bond.
The Argonaut has been a Capitol Hill favorite for a half-century, and no doubt it has finessed the art of dealing with the regular drunks. No doubt letting local officers vent their anger against bums in back alley is a tradition in the liquor biz. Fortunately cell phone cameras mean those days are waning. The Colorado legislature recently reinforced the public’s right to film the police. It can hardly be in the Argonaut’s best interest to shield police brutality from citizens who want to intervene. The Argonaut doesn’t want to highlight the consequence of alcoholism. Hopefully despite Argonaut’s efforts, getting rolled by the cops will prove to be less inevitable.
The Denver City Council believes that if you criminalize, arrest and jail this man we have solved the homeless problem. If you agree with the City Council go back to your TV and watch the latest episode of “Keeping up with the Kardashians”. But if you truly want to understand, and you want more information, then join activists with OCCUPY DENVER on Fridays. In doing that small act, you will meet the face of the homeless, you will be on the path of becoming a true compassionate human being. The photos below show feeding the homeless feeding at the Tattered Cover Bookstore in LoDo, every Friday at 5:30 pm.
DENVER, COLORADO- The City of Denver has dismissed all charges against Occupy Denver activist Michael Moore stemming from his April 29 arrest at the march against police brutality. Michael was accused of Second Degree Felony Assault of a Police Office, Criminal Mischief, and Resisting Arrest. Michael was riding his bicycle when a motorcycle cop tried to push him over, but fell over himself. Michael’s apprehension prompted an indignant response from his comrades which gave the Denver police license to pepper spray the crowd and make ten further arrests. Michael spent two days in jail and forfeits his $1000 bond deposit. The other victims suffered brutality and pepper spray as a result of voicing their objecting to Michael’s arrest. The crowd’s reaction was vindicated when it turned out that Michael’s arrest was wrongful. Will the charges against them stick?
DENVER, COLORADO- Rain kept numbers down at the event yesterday calling for Denver officials to investigate the brutal police murder of Latina teen Jessica Hernandez. Even as the crowd influx never surged beyond steady, over the course of two hours the police force arrayed against Occupy Denver and their allies never wavered from the usual: disproportionate and overwhelming. The DPD is obviously taking no chances with the potential firestorm the teen’s killing could ignite in the Denver community. Excellent. Humbled as we may feel that it takes so few activists to threaten the system, we feed off that fear. Individual police officers can denigrate protesters all they want, obviously the protests have their respect.
DENVER, COLORADO- As Occupy Denver learned with the recent verdict, even one drummer performing an unwanted refrain can be considered loud and unusual enough to earn a complaint. With the Tattered Cover Five temporarily shell-shocked, reinforcements have arrived to bridge the gap, last weekend in the fearless personage of Colt Justice, who reports contrary to expectation, he was not arrested. Game on heartless Denver, lest Tattered Cover patrons and other Denverites ignoring the plight of the homeless fail to yield to the disturbing protestations of the Occupy homeless advocates.
DENVER, COLORADO- Fresh on the heels of their courtroom victory, Denver police tell protesters at the weekly Tattered Cover picket: “We’ve received a complaint. Stop using the bullhorn or you will be arrested.” This from the window of a Homeland Security vehicle!
On May 6th a jury upheld Denver’s Disturbing the Peace ordinance, giving officers the right to stop political speech if they had the pretext of an onlooker’s complaint that the noise is “loud and unusual”. In the case of the TATTERED COVER FIVE, the objectionable noise was that of bucket drums. Case law has already established that protest drumming is protected speech, but city attorneys argued that didn’t apply if the intent to make noise had nothing to do with the protest message. Though megaphones were cited as contributors to the noise, the city and its police officers were careful to warn the protesters that only the drums were the offending elements, presumedly because what came across over the megaphones was pretty obviously speech.
Denver Occupiers returned to the Friday protest with little trepidation because we didn’t have our drums. We conducted the 5:30pm homeless feeding, then led chants and distributed fliers as we have every week since January 2014. We were discussing perhaps using drums again, maybe beating them softy this time, when activist at the corner holding down the vocal outreach reported an alarming escalation.
At 7pm the protesters at the corner of Wynkoop and 16th were approached by a police vehicle. From a rolled-down window an officer told they had to stop. “We’ve received a complaint” was the introduction we’ve heard before. “Stop using the bullhorn or you will be arrested.”
Um. No?
It’s the slow creep we anticipated, though probably a swifter kick of the boot than we expected. Give the DPD an inch and they want to hang you with it.
Except this was no mere DPD cruiser. It was a police vehicle marked “Federal Protective Service” from the Department of “Homeland Security”. Purportedly enforcing a noise ordinance.
So what next? The course seems obvious but it means someone willing to risk arrest, someone ready with a camera to record official interactions, and others prepared to backup the videographer and act as legal observers. Should a simple protest aming to interact with the public require such an infrastructure of extra activists? When Occupy Denver undertook to boycott the offending businesses behind the Urban Camping Ban, it seemed commitment enough to feed the homeless, hold signs and print fliers. Now we have to consult attorneys and spring legal traps for the popo.
So who’s up to play bait?
DENVER, COLORADO- The trial of the Tattered Cover Five concluded this week. For three days a municipal court considered whether a complaint made against protesters drumming in front of the downtown Tattered Cover Bookstore should or should not curb the protesters’ freedom of speech. And the jury really didn’t get it. Not only did their verdict uphold the police’s discretion to decide whose speech can be considered to be disturbing the peace, but the jury introduced their own arbitrary enforcement, judging some drummers guilty and some not, even though the complaint which prompted the charges was based on the “loud and unusual noise” generated by the ensemble.
The jury had even heard testimony that defendants were threatened with arrest if we “so much as touched a drum.” How then could this case be about disturbing the peace via loud noise? Defense attorney David Lane knew our acts of defiance were more accurately “disturbing the police.”
More obtuse than the Denver jury was the presiding judge, who resisted every rational objection and motion to insure that blunt authoritarianism always received the benefit of the doubt. I’ll admit our supporters in the audience were glib throughout the trial as our lawyer David Lane could hardly sidestep using the dumb and dumber city attorneys for mops. But the judge always ruled in dumb’s favor. It was as if courtroom 3H was an Affirmative Action program for logical fallacies, and the judge was a rubber-stamp for the rule of bad law.
This was never more clear than in the trial’s final moments, when extra deputies ringed the courtroom and then arrested an audience member.
Just before the jury was to emerge with its verdict, the judge reminded everyone that filming or recording the jury was prohibited. David Lane voiced his objection at the buildup of officers in the courtroom without cause. As usual the judge was dismissive.
Lane emphasized that in all his years this was an uncharacteristic show of force. The judge didn’t care: “Objection noted.” It was her usual refrain.
As the officers moved closer to the audience to make their oppressive presence felt, the activism instinct to raise cell phones at the ready gave the officers their cause. This escalated into a standoff, with the deputies ordering an activist to leave the courtroom. His protestations of innocence were interpreted as resisting so he was led off in handcuffs, prompting of course more impulses to film the arrest.
When more officers began targeting more cellphones, a voice of authority rang out. It wasn’t the judge calling for order in the court. No, she was satisfied to let the deputes maraud through the audience and extract people with physical force without even looking up from her monitor. It was the sonorous voice of David Lane that brought the officers to heel. He said “Nobody can take anyone’s phone.” Lane’s gravitas had never given the judge pause but it stopped the deputes in their tracks.
“The most an officer can ask you to do is to put your phone in your pocket” Lane continued. One activist was holding his phone aloft in a game of keep-away with two deputes. Hesitantly he and the other audience members pocketed their phones.
When the jury members made their entrance they were greeted by a militarized courtroom and an audience numb with shock over the justice system’s indifference to abuse of power. We were in for a worse surprise.
It could be the jury did step up to David Lane’s challenge. He’d told them they would never in their lives wield as much power as they did on this jury, their chance to fashion how First Amendment protections are upheld. Except they didn’t share Lane’s or our concern for holding off a police state. Instead they sided with the prosecution, who urged they preserve “the right to ignore someone else’s opinion.”
Honest to God, our weekly protest at the Tattered Cover was presented to have been about the Urban Camping Ban. The jury understood we were urging people not to ignore the plight of the homeless. The city prosecutor’s words could not have been more ill chosen if one is embarassed by irony.
I was one of the defendants in the Trial of the Tattered Cover Five. One of us escaped charges due to a clerical error, two others were found not guilty for lack of self-incrimination. Tim Calahan and I were convicted of Disturbing the Peace, specifically for having created a loud and unusual noise in violation of a City of Denver ordinance. I got two convictions, community service, court fees, one year’s unsupervised probation, and supervision fees (yes that is a non sequitur), but all of it stayed pending appeal.
David Hughes arrested
So what happened to the courtroom arrestee? I’m free now to say that his name is David Hughes, Denver Occupier and IWW organizer. David wasn’t released until the next day, mostly because neither the city nor county was sure with what to charge him. David was kept in an underground cell between the courthouse and the county jail while the trial went on.
Stunned by our defeat in court, our now un-merry band’s attention was diverted to our imprisoned comrade. David had refused to be excluded from the courtroom and next we learned that, like any good Wobbly, David was refusing to reveal his identity. By chance his wife held his wallet and phone so David was free to complicate his abduction as anyone innocent of charges might. We continued to shout “Free John Doe” outside the courthouse in solidarity late into the night.
Was David guilty of using his phone camera? It’s generally understood that recording devices are not to be used in courtrooms, to respect the privacy of witnesses, the jury, and the accused. In this case the judge had specified not recording the jury which had not yet entered. What had interested David was the disproportionate buildup of sheriffs deputees. How many law enforcement officers can you have in a courtroom before the public feels threatened enough that they need to film the officers for the public’s own protection? What doesn’t get filmed, the cops get away with. The judge certainly wasn’t concerned for our protection.
Reflection
I really can’t understate the disappointment we all felt about the verdict. It was predictable yes, but unsettling to see it happen. We had the best lawyer that money can’t even buy, undone by the steady creep of Fascism. I associate it with our society’s declining education and public engagement, abetted by oppressive law.
For three days, attendees who were not readily recognized as being with the defendants could circulate the halls of the Linsey-Flanigan courthouse and overhear deputees talk about the case. All the deputees were greatly chagrined that The David Lane was representing us. Apparently they all know his reputation. There was no press interest except by KGNU, but lawyers who saw David Lane walk through the hall made a point to stop by our courtroom when they had the chance to watch him work.
And so it was really a blow to the ego to meet with failure. I’ve written before about how police intervention at our Tattered Cover protests ceased entirely after the first arraignment date when David Lane showed up in our stead. We’d been surveilled by a half dozen cruisers every Friday for a half year. After David Lane officially filed our papers that number went to zero. No more visits from officers, no more drivebys with videocameras, for almost a solid year now. It should be interesting to see what happens this Friday. Will the cruisers be back? They still have no cause. No disruptions, no conflicts, no threat of lawbreaking whatsoever.
Before Lane the officers regularly interrupted our assemblies to recite their warnings in spite of our objections. When Tim and I were arrested, we had to sit in a holding cell, shackled to a bench, while Sergeant Stiggler berated us for looking like fools. We were wrong about the camping ban, we were wrong about our rights, bla bla bla bla. We kept our mouths shut to shorten his lecture. After enduring our bullhorn for three months, he’d composed quite a rebuttal. His diatribe contradicted the suggestion that our arrests were about the noise and not our message.
For now unfortunately the sergeant turns out to have been correct about our rights. And looking like fools I guess.
For now Denver’s Disturbing the Peace ordinance does dismantle the First Amendment. For now it does allow what’s called a “heckler’s veto.” That’s a marker of unconstitutionality where one person’s complaint could be used to silence political speech to which they object. It does allow police officers to decide what “time place and manner” limits to place on free speech. Nevermind “Congress shall make no law to abridge” –that’s up to the police. It’s their call!
At our earlier motions hearing David Lane spent two days arguing that Denver’s ordinance was unconstitutional, to deaf ears obviously. At that hearing, DPD officer after officer testified that what qualified as a disturbance was entirely theirs to decide. Lane laid the groundwork to show that Denver police officers aren’t given a clue how to respect free speech. This judge was already satisfied I guess to pass the buck to a higher court.
In the meantime activists can no longer brey with confidence about free speech rights in Denver. We’ll have to engage with police submiting their proposed abridgements. We’ll have to bite our tongues, as they do I’m sure, feeling our hands tied more than we’d like, they longing to beat us. It’s going to be more difficult to recruit newcomers, uneasy with what confidence we can responsibly instill in them. “Am I going to get in trouble” is the first question they ask. Now the more probable answer is not maybe.
(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.”
Occupy Wall Street composed a chant to rebut the ageless heckle hurled at protesters: GET A JOB YOU DIRTY HIPPIE! After Zuccotti Park was razed and Occupiers regrouped, they offerd this rejoinder. Remember it?
“Got a JOB. Took a SHOWER.
We’re still occupying, speaking truth to power!”
Of course it wasn’t true, or at least whether we did or not was as irrelevant as the original misconception. But street activists come up against misguided advice much more pernicious than the crudely insulting. Consider the constructive advice from journeymen activists who’ve been at this for a long time and know how it’s done. You know the ones, who preach nonviolence or you’ll never get anywhere, as if they have a record of success or fount of experience more illustrative than the old grindstone. 
False history has even robbed them of the authentic lessons to glean from Gandhi and MLK. Yet even the best-intentioned of our peers caution that movements will never take hold without blablabla. This sacred cow, for instance: community outreach.
A colleague of mine recently asked about my ideas to better reach out to the African American community vis-a-vis the protests which Occupy Denver has been spearheading to show solidarity with the Black Lives Matter uprisings in Baltimore and Ferguson. At face value it’s a reasonable question as Occupy franchizes across the country have been predominantly white. At base however, the distinction is academic and the implication insulting.
In Denver, as probably in many multicultural urban centers since Ferguson, authorities have succeeded in working with community leaders to redirect street protest into the usual back channels. In Denver the spiritual leaders have kept their flocks locked in their churches. When Denver high schoolers began to stage walk-outs, school administrators put the schools on lockdown. Traditional social justice groups fell victim to academics and their identity politics diatribes. White priviledge must “make space”, in effect, step back, whether or not alternative leaders were knocking. In Denver the most significant protest entity impervious to scholatisc impotence or the wiles of religious submission was Occupy Denver. Since 2011 this ad hoc collection of protest-hardened activists could mobilize at the flick of a switch, usually through social media. By definition, Occupy refused to bind themselves to everybody else’s longstanding arrangements of detente.
Of course this persistence is not static and there are ceaseless internal pressures to conform and play for crumbs. Table scraps are sustenance after all, and all mature decisions are compromises. Adults choose lesser evils, safety nets, the bird in the hand, wisdom over altruism. Can dreamers even be sure the burning stove isn’t an adage meant to waylay us from our childish intuition about freedom? From the frying pan into the fire is more probably the forbidden roadmap to revolution.
You want to know the sage advice that burns me up the most? Comrades telling me the struggle will be a long haul. A marathon. Are you kidding me? Revolution is a sprint! We’ve got to light a fire under your ass!
In any case. Community outreach. What’s the problem? My first thought was of the criticism protesters still face everyday: “GET A JOB!” Everyone seems to have their own idea about what other activists are supposed to be doing.
On the subject of Occupy and “outreach” I offer six points:
1. Did Occupy Wall Street reach out to the community of brokers and bankers on Wall Street? It did not. Occupy was about disruption, gathering on the street and uniting activists. Community organizing was another sort of activism. Occupy was not voting, or going around trying to get out the vote, or lobbying legislators, or gathering petition signatures, or fundraising, or taking in cats, or walking in people’s shoes. All of these are perfectly constructive things, but they’re fundamental to what Occupy was not. I know it sounds mature to talk about building community and helping out and being less disruptive but those are tasks that keep conventional social justice groups too busy to occupy.
2. I am reminded of a lesson learned as occupiers coordinated their efforts. If you feel there is a task going undone, you probably should step up to do it. Others have their hands full with what they are doing. If you feel there is a deficiency and it’s important to you, fill it.
3. That said, there is an imperative not to dillute the fundamental mission. If tangential efforts drain the human resources needed for the goal that brought everyone together, then somebody is winning and it’s not Occupy.
4. Denver’s African American community already has their leaders, most of them undisposed to street activism. Occupy Denver’s community is with activists of all colors. We reach them through the message, our actions, and our unending persistance. None of these are based on color lines.
5. Occupy has many black activist allies. On the street we support them EVERY TIME regardless of whether they support us. Even if it’s “their” issue. If they are not able to rally as frequently as we can, it’s not their fault. (That is White middle class privilege.)
6. If you think the African American community is central to addressing the probem of racism, that’s a problem. It should be up to the WHITE AMERICAN COMMUNITY to shout “BLACK LIVES MATTER” the loudest of all.
DENVER, COLORADO- Occupy Denver took to the streets Tuesday night in solidarity with the uprising in Baltimore against a common oppressive police state.
March was blocked at Union Station
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.)
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.
DENVER, COLORADO- On the subject of filming cops, Denver activist Caryn Sodaro is in trouble again. Caryn was attending a community meeting on Colfax Avenue when attention was drawn to an arrest happening at an adjacent liquor store parking lot. Several people converged on the scene, Caryn ahead of everyone, her videocamera aimed at an officer grinding his knee into the face of a prone man, likely homeless. Another cop looked on, warning his partner that they were being filmed, while an Argonaut security guard prevented the witnesses from getting close. Unlike onlookers who only dare to record an abusive arrest, Caryn tried to prevent further brutality and so raised her voice to caution the officers that their acts were not going unnoticed. Soon enough the witnesses were being ordered to leave Argonaut’s private property. Though deep within the departing group –everyone was complying– Caryn was picked out for arrest anyway. Fortunately she passed her camera to a colleague who was able to prevent the footage from being confiscated by the DPD. It’s all on tape: the details described here and the reinforcements piling on Caryn. She spent the afternoon in jail. Her next court date is April 27.
DENVER, COLORADO- Prosecuting attorneys for the City of Denver were granted their own motion to have their case against Patrick Jay dismissed for lack of evidence! Prominent civil rights lawyer David Lane was informed this weekend that all charges against Patrick have been dropped.
Patrick was arrested last December while returning to his car after a ?#?BlackLivesMatter? protest. He was seized by SWAT officers while VIDEOTAPING the snatch and grab arrest of fellow activist Max Mendieta. Patrick was charged with obstructing traffic while marchers staged die-ins at prominent Denver intersections. *
According to police, HALO cameras recorded Patrick and others blocking vehicles. The cameras might also have confirmed that their actions prevented cars from running over the marchers laying prone on the pavement. We’ll never know because the DPD now says the footage is gone. After defendants declined to take plea deals, Patrick’s defense attorney David Lane learned the HALO footage would not be available for discovery because the surveillance files had been accidentally overwritten! In view of this, David Lane motioned for a dismissal, but city attorneys assured the judge that there were DPD officers enough to bear witness against Patrick Jay. Lane vowed to compel those officers to first have to pick Patrick from out of a line up. Patrick’s jury trial was set for April, but last week city attorneys tendered their own motion for a dismissal and that motion was granted.
Patrick Jay’s charges were dropped and his First Amendment rights were vindicated, but of course the Denver Police achieved their goal of intimidating activists who have to brace themselves for arbitrary arrest even though they know their rights. Over the course of many months of marches, participation has suffered attrition not just because people are frightened, don’t want to or can’t subject themselves to arrest, but some activists who had no alternative but to take plea deals now cannot risk violating the terms of probation which forbid their participation in protests.
Only a few days after Patrick’s arrest, he and I were leaving another anti-police-brutality march when multiple DPD cruisers swooped up to us on the sidewalk. This time instead of jumping off and unto us, an officer in the lead vehicle shouted from his rolled-down window: “Scared you?!”
Yes, officer, you did. **
Arrests and harassment have helped the DPD reduce protest numbers. Because of favorable plea deals or inadequate legal representation, no one has yet had the chance to challenge the veracity of their charges, until now. Several cases, including Max Mendieta’s, are still pending. Max is also represented by David Lane. Hopefully the recognition of Patrick’s arrest being unwarranted will turn the tide.
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NOTES:
* PATRICK’S ARREST WAS SURREAL. Everyone was returning to their cars, putting signs into trunks etc, when the police SUV carrying riot cops on its sideboards made a slow pass. This was a development we began to notice at earlier events. Even though the officers in riot gear might not have had to show themselves during a march, they would emerge afterward on their SUVs to cruise by our vehicles, almost to a stop as if scanning our cars looking for suspicious occupants. We didn’t think much of it except this time they stopped and the entire gang lept off to seize one of our group, Max Mendieta, as he walked the few solitary steps to his car. Patrick started to film the whole incident, from when police forced Max to the ground until they hauled him into custody. We’d reconstituted into a small group of less than a dozen, activists eager to dissuade further arressts, but the riot cops elbowed past us to seize another, which Patrick filmed, and then they grabbed Patrick. Patrick asked what they were arresting him for, but the officers wouldn’t say, only that it would be listed on his arrest warrant.
Ironically their irreverant answer turned out to be incorrect. But first I want to tell you what happened when the police drove off. They left an officer behind. The SUV loaded with riot cops, minus one, stopped several car lengths away when someone noticed the error. Their sargeant had been left on the street, in his cumbersome riot gear, unable to fit in the ordinary cruisers, and barely able to catch up with the waiting SUV. I guess the SUV driver didn’t want to risk backing over his sargeant, so the fat man lumbered slowly back to his perch, his riot gear clinking with every plodding step, like a minuscule robocop, the crowd barely able to sustain its “nah-nah-nah-nah” chant for laughing so hard.
Perhaps as payback, the arrestees that night -there were four total- had to wait sixteen hours “for their fingerprints to clear.”
Back to Patrick’s undeclared charges. Due to what we could only construe to be a typo, Patrick’s citation read “database-error” where the offense was supposed to be. Patrick had to sit in jail for 16 hours, post bail, await arraignment, and seek a lawyer, knowing only that he was charged with database-error. When the magistrate asked if he pled guilty, Patrick said “To what? Database error?” “No.”
** YES THERE’S MORE TO THIS STORY TOO. After the DPD pulled their gag, the officers watched as we walked to the building under which we’d parked our vehicle. The hour having become late, we discovered the stairwell doors locked. We imagined the officers laughing as they saw us circle the office building testing every door. We soon realized that our only recourse was to descend the car ramp to the parking area, but we were afraid that the police would follow and corner us there, out of view of other late night passersby. Security cameras or no, we feared what two dozen or so cops could do to two pedestrians; what we know often happens to homeless indigents in back alleys and poorly lit spaces; what happens to African Americans in broad daylight while they scream “I Can’t Breathe!” So we waited until the police cars lost interest before we ventured down the ramp.
Not being able to count on even our own police to obey the law, knowing the brutality of which police are capable, and witnessing the capriciousness of police abuse of authority, is the terror that defines living in a police state.