Whose racism are you protesting exactly?

SO “WOKE” America is protesting the racist brutality of capitalism’s hired thugs. What are the cops supposed to stop doing exactly? Are they supposed to let poor blacks breathe? Or stop killing poor blacks in such vivid disproportion? What an aimless message these riots bring! Of course the mainstream media is on board. Their theme is domestic unrest with an eye on regime change. It’s what they incite everywhere else. I’m surprised they haven’t labeled this a “color” revolution –except the color is already chosen and it’s their least favorite.

The only result of the visibility which the Black Lives Matter movement has brought to police lynchings is that now you hear regret that poor white criminals aren’t dished out the beatings reserved for blacks. Do we want more police brutality so long as it is equally distributed? Cops aren’t going to stop beating people. It’s their job. In an unequal, predatory economic system, cruelty is a cop’s function.

I also laugh at the celebrity blow-back at unfortunate white protesters who take up the chant “All Lives Matter” usually in earnest because their marches, reflecting their local populations, are mainly white. Their chants don’t negate “Black Lives Matter,” they broaden it. Face it, the BLM slogan is pedantic. Of course Black Lives Matter. The protesters are not illiterate and neither are the police, the supposed audience.

And BLM is such an inarticulate ask. Try “Drone Victims Matter!” Uh, agreed, but the US drone terror program is not going to stand down.

And “hands up” and “taking a knee” are demonstrations of submission. Ugh.

If the issue is in-the-line-of-duty lynchings, I’m sorry but there are unfortunates a rung below African Americans. Per capita, Native Americans die more often at the hand of law enforcement, and below them, the homeless. Constables have been “rolling” poor bums since antiquity. Vulnerable homeless are killed, white and black, in dark alleys, without witnesses sober enough to record it with charged cell phones and Youtube accounts at home. And without faith leaders to rouse their congregations, or order churchgoers to heel once the fundraising was done.

If the George Floyd protests are made to be about discrimination against African Americans in general, and not Floyd’s tragic death-by-cop, then who is co-opting the message really?

Fortunately these riots will prove a difficult genie to ride. Images of civil discord make Trump look bad, but the more violent they become, the more activated will be the middle Americans who cheer for order to be restored.

That same white middle class wants their landscapers and household help to be hispanic who won’t expect to be treated as equals. Immigrant labor is preferred for the same reason. The upper class don’t have to discriminate by skin color. If you are underclass, YOU Do Not Matter.

Supposedly all of America is expected to suppress its racism. That’ll happen when you cease showing deference to family members over strangers, or when you quit disabusing sports fans for rooting against your home team. Clans, schools, ethnicity, and nationality are natural constructs where people feel communal bonds. They are also the only instinctive means by which people find their strength in numbers. Strange we’re all being told to disavow those instincts.

Meanwhile ethnocentrism relating to religious affiliation, if you’ve got one, is still encouraged. Nationalism, when it comes to kicking other religious ass overseas is still applauded. What of that racism?

When cops start beating bank chairmen, when the international brotherhood of man includes the bosses who deploy the cops and not simply the dupes more easily oppressed with racist state terrorism, then we can consider integrating the role of police into our vision of a desirable community. In other words, it ain’t going to happen. Calls to disband or defund the police are great, but until people wield the political power to do it, the calls will be easily refused.

Focusing on race doesn’t unite people, and it doesn’t only divide black and white, it attempts to efface everyone’s chief means to draw individuals together in united fronts against their common foe. Once we’re all free we can talk about equality.

Now addressing the systemic repression of blacks is another matter. African Americans were not immigrants. They alone came to these shores without the promise of the American dream of making a better life for themselves. REPARATIONS and affirmative action, that’s the only recourse to attempt to redress such inequality of footing.

Join the protests if you want, but know they’re serving only the corporate agenda of international liberalism. If you’re all about that, do your best to pull the demonstrations toward the peaceful, lest our president benefit from the gesture of saving middle America from anarchy. But know that team .gov holds all the cards when it comes to inciting and even instigating the violence. They are both ANTI and FA.

Oh beautiful for spacious skies… …Gone with the wind!


Wind energy seems practically free, but what a cost! Gone is the scenic farmland of the American plain, raked for ethanol, fracked for gas, pumped of oil, then plumbed for air, to power transportation. As if leaving the mess was the be-and-end-all of why the pioneers settled the west.

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

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

Document 29 Filed 02/22/17 USDC Colorado

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Judge William J. Martínez

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

NAZLI MCDONNELL, and
ERIC VERLO,

Plaintiffs,

v.

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

Defendants.

________________________________________________________

ORDER GRANTING PRELIMINARY INJUNCTION IN PART
________________________________________________________

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

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

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

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

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

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

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

I. FINDINGS OF FACT

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

A. Regulation 50

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

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

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

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

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

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

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

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

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

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

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

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

B. The Executive Order

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

C. The January 28 Protest at the Denver Airport

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

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

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

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

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

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

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

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

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

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

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

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

D. The January 29 Protest at the Denver Airport

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

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

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

E. Permits Since Issued

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

II. REQUESTED INJUNCTION

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

III. LEGAL STANDARD

A. The Various Standards

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

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

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

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

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

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

B. Does Any Modified Standard Apply?

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

IV. ANALYSIS

A. Irreparable Harm as it Relates to Standing

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

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

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

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

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

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

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

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

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

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

B. Likelihood of Success on the Merits

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

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

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

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

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

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

The Court will address these inquiries in turn.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

i. Terminal Visitors’ Incidental Expressive Activities

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

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

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

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

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

ii. The Effect of Regulation 50 Itself?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

f. Viewpoint Neutrality

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

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

(Id.) Denver responds:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

?C. Irreparable Harm

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

?D. Balance of Harms

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

?E. Public Interest

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

F. Bond

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

V. CONCLUSION

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

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

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

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

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

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

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

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

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

__________________________
William J. Martínez?
United States District Judge

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Michael Phelps wins gold to “right the wrong” of USA missing out on a medal

Minutes after winning the first of his 2016 gold medals, Michael Phelps interjected into an interview of his teammates “this [victory] was to right a wrong” referencing a loss in 2012 in which he was robbed of a medal apparently. Not because somebody cheated, or a bad call was made, but because Michael Phelps had willed a win that he didn’t then earn. Being “wronged” by not being given a medal. Doesnt that pretty much illustrate American Exceptionalism?! As if the US sports media was interested in explaining such a thing. Last minute decisions to let Michael Phelps intercede in further relay teams, for the sake of breaking medal hording records, as opposed to physical feats, comes at a price obviously to the other relay swimmers. We’ve heard about the hopes of would-be Olympians dashed by the boycotts of 1980 and 1984. Add the Phelps-first priority of 2016.

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


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

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

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

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

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

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

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

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

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

Denver Police Department AFTER ACTION REPORT

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

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

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

Afternoon March

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

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

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

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

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

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

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

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

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

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

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

Proud to be an American against war, with the exception being this election.

peaceA good friend of mine used to wear this button everywhere. If it wasn’t the button, he wore the t-shirt. “Proud to be an American against the war.” Tonight he sported a button for BERNIE. Of course he did. We were joking around and he intimated he was not wholly disinclined to favor TRUMP. ME NEITHER, I told him! Trump coud bring down the empire single handed! No need to spark a revolution, Trump would pull a Samson out of sheer egoism! He’d gold plate our drones and they’d be grounded! He’d build a great wall and then we’d have a Great Wall! For tourists of all nationalities! A Great Wall couldn’t stop the Huns, even Disney knows that! And reportedly, billionaires are against Trump, so what’s the problem? Remember when we’d attend rallies dressed in suits and pretend we were “billionaires” advocating for war or bank bailouts? If billionaires wanted it we were against it. What the One Percent fear, we need! Haha! My friend would prefer Bernie of course, but Trump is definitely his third choice he told me. “Third” I asked? Well, first Bernie, then Hillary naturally, then Trump. OMG WTF.

Maybe we can ask the Pope to call for the release of American mercenaries captured in a Baghdad brothel

WE SAY they were civilian contractors kidnapped from a Baghdad neighborhood apartment. WE ARE investigating whether the abduction was coordinated by Iran. When those missing are Western agents or corporate media propagandists or covert special ops (or wayward US sailors armed with AK-47s), we say they are abducted and scour diplomatic channels for traces of the underword. When the victims are adversarial persons of interest to Western military intelligence or the White House, they are rendered extraordinarily or summarily incinerated from the sky end of story.

Can you imagine foreign diplomats approaching US officials about their passport holders gone missing? How simply ludicrous that the US is indignant that our mercenaries are being picked off at the scene of their crimes. Iraq is a war zone. What, the occupied peoples must endure our drones but can’t arrest our criminals? Even when we’re raping Iraqi women? American exceptionalists bomb hospitals but hold brothels to be no fly zones.

US media won’t report who the contractors were or what they were doing. Security service company SALLYPORT is denying the three men work for them, or their parent company MICHAEL BAKER INTERNATIONAL, or doing work for GENERAL DYNAMICS CORP under contract with the US Army. The Dirty Three might have been in the sex trafficking service of providing “comfort women” for the US soldiers being redeployed to Iraq. “Sallyport” sounds pretty damned ugly to me. Good riddance.

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


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

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

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

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

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

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

NE Patriots are serial cheaters, so are their namesakes. The unfair advantage is an essential of Capitalism.

First the New England Patriots got caught spying on their adversaries, now they’ve been tweaking the air-pressure of their game balls to sneak a ballistic handling advantage. Rules be damned, Patriot quarterback Tom Brady prefers his ordnance two pounds psi shy, hollow-points –if you will– which are also against regulation. For how long have the Patriots been manipulating advantages? And how else? They weren’t satisfied with the home field advantage on Sunday. Maybe officials should bring protractors to investigate the Boston gridiron. A level playing field doesn’t likely suit the Patriots either.

OF COURSE it doesn’t. Who expects sportsmanship from “patriots?!” Patriotism is the antisocial insistance on your own cultural superiority. American exceptionalism is an endorsement of tactical superiority, covert war, disproportionate force, drones, extrajudicial assassination, death squads, snipers, collateral damage, and torture. Formal US policy is to FLAUNT international law. American materialism profits from insider trading, extortion, usury, and corporate hegemony uber alles! Why would our surrogate Sunday warriors pretend there is honor among thieves?

Of course America underinflates footballs to best our opponents. We also diligently deploy inspectors to ensure our intended defeatees can’t recallibrate theirs. Meanwhile our leaders dissemble when plausible deniability stretches thin.

Of course NFL officials are not discussing a Super Bowl disqualification for the recidivist Patriots. Instead they’re weighing minor penalties, no doubt manageable, if not tax deductible. If America’s best cheaters don’t advance to the Super Bowl, the outcome would be hypocritical. Go Team! America Fuck Yeah!

I’m kidding of course. Sack the quarterback, disqualify the Patriots, send whoever else to the Super Bowl, then march the entire US defense and offense departments to the Hague.

UPDATE 1/23:
While fans and media try to belittle the scandal (ie. “Deflate-gate” and “Ballghazi”), statisticians have noted a damning anomaly relating to the advantage gained from underinflated footballs. After the rules were changed to allow offensive teams to use their own footballs –Brady was among the quarterbacks lobbying for the change– New England’s ball handling superiority grew beyond the realm of probability.

Probably all teams know that well-inflated footballs fly further but underinflated balls are easier to grab. Maybe the purpose of making a personalized array of game balls available is so offensive teams can exploit alternate characteristics as needed. Maybe the NFL understood this when they granted the rule change. Maybe the Patriots just couldn’t pass up every opportunity to cheat, until the statistics made plain their greed. Whether by hubris or head-injury numbskulledness, Tom Brady and his receivers thought they coud break PT Barnum’s rule too.

The American Dream hinges on equality of opportunity and fair play, but of course Capitalism idealizes the unfair advantage.

Btw I abhor the theatre of corporate sports, but when it exposes the reek of America’s national character, I like to make sure to smell it.

Hey! The White Wealth Olymics are on!

Olympic commentators are fawning over the winter sports dynasties, some of them actual petty-royal lineages, from European feifdoms and colonial sultanships, family trees full of resort-dwelling ski bums, literally, jetsetters. Agree the commentators: “It’s in the genes!”

Bystander video of Schumacher ski crash puts lie to “off-piste” connerie

When Formula One racer Michael Schumacher broke his crown on a French ski slope last week, Meribel resort spokesmen went into damage control mode by declaring the speed champion was skiing “off-piste”. That’s Anglo-French for off-the-trail or out-of-bounds. Initial reports mentioned the specific slope on which Schumacher crashed, but subsequent press releases amended the account to reassure tourists that this downhill interruptus occurred outside of the permitted area. Isn’t that always the official line of resort operators and their insurers –ski accidents result when patrons stray where they’re not allowed? This theme puzzles regular skiers who know the back country is usually thoroughly demarcated and sealed. It was no surprise then when a bystander video emerged which showed Schumacher’s accident happening exactly where originally stated, on the Grand Couloir (trans: Big Corridor) between Mauduit and La Biche. Thus we discover the disingenuous definition of “off-piste”. It means the piste’s edge! Be it trees, rocks or cliff, it’s the most probable thing with which a skier can collide: the border of a groomed slope. Saying Schumacher crashed off-piste is like saying his Ferrarir didn’t crash at a racetrack, but rather against the track’s wall; or like saying a person didn’t fall from a building but rather died on the sidewalk. Now we know how so many ski accident victims got past barriers, substantial enough to deter most reckless impulses: They didn’t, they crashed into them.

“Turn off your cellphone” or police will light you up like the next Chris Dorner


STREAMING OF CONSCIOUSNESS ON BOSTON MARATHON BOMBING DENOUEMENT: DID YOU KNOW that law enforcement can tell you “If you want to live, turn off your cell phone.”? That was shouted to an AP reporter tonight in Watertown, just before he heard officers shout “Fire in the hole” as they encircled a suspect. So they’re chasing a marathon attendee whose face matches the surveillance video, who they can refer to as a suspect with impunity if he’s dead so they’re about to Dorner his ass (Remember Chris Dorner? Remember Waco? The gov-lit inferno, not the gov-neglected “Waco” redux.) to beyond facial recognition. Boston Marathon Bombing solved.

Do cellphone beacons mess with police pyrotechnics like we pretend they do aviation electronics? Or was the officer concerned the reporter might be tweeting, enabling a suspect to triangulate his encirclement on Twitter? I bet the officer just wanted to shoot the reporter if he didn’t jump on command.

We know police have the authority to tell television reporters to turn their cameras away lest they jeopardize a SWAT stakeout. Apparently cameras also endanger oil spill cleanups. Are media reporters complicit or simply that stupid? A recent consensus of journalists asserted to me “they’re stupid” but that’s probably a cop-out, odd expression that, to protect media assets who are as enslaved by the system as police officers or oil workers.

Who knows what’s going on in Boston, er, Watertown. Major sports teams are attributed to greater metropolitan areas. Crimes are branded to satellite communities like Watertown, Mayflower, Aurora, Littleton, aka Boston, Little Rock, Denver, Denver. The point of a press pass is that your objective is supposed to be respected by the authorities. In a police state it means they can treat you like an embedded bitch.

Update: “First suspect” reported to be in custody was captured, released, and also killed. A police briefing just clarified all three congruent incongruities. Police scanner suggests the captured suspect detonated himself in custody. Twitter beat television media by an hour in relaying the development that the first suspect was killed.

Update 2: Hospital which admitted suspect won’t reveal his identity, or extent of his injuries, or his age. They were embarrassed sufficiently to admit they could confirm his gender. Most interesting, the doctor who addressed the press would not say if he worked on the suspect, but described how he had witnessed the gun fight from his home, then dressed and reported to the emergency room before the suspect was transported there. Hmm.

Now they’re evacuating blocks of Watertown, so it’s going to be a MOVE climax. Follow police instructions yes, but call them on bullshit. So far the entire narrative has come from authorities, including the inconsistencies which go unchallenged.

Super Bowl 2013 commemorates American warrior culture minus wounded vets

nfl--tv-nmt
TV NATION- Can Americans no longer embarrass themselves? This year’s pregame holiday extended to Super Bowl Eve with an un-ironic commemoration ceremony, an all-star gala tribute to football, acclaiming it a venerated touchstone of the American character, the public mob like drunken monks feasting the humanitarian contributions of the Spanish Inquisition. Football celebrates America’s cultural blood lust, a surrogate for our preemptive senseless war making, whose shared cartoon violence is expunged of its real antisocial inhumanity. Probably owing to this season’s pre pregame homophobia scandal, where collegiate casualty Manti Teo showed signs of early onset Mohammed Ali’s disease, fans learned about the concealed football side effect of compounded concussions, akin to IED survivors’ collateral brain damage. Next we’ll probably hear that footballers’ home lives spread PTSD. As football injuries become more difficult to hide from battle-weary audiences, fans will be calling for more Kevlar and then of course commensurate armor piercing anti-Kevlar. I already think football offensive lines look spectacularly under equipped without drones. Or would that position be pretended to play defense?

NPR: women berserkers, oil whores, Goebbels Surge, presidential DNA

I accidentally listened to NPR today, what an earful of crap! No wonder Americans are so uninformed, none more than self-identifying progressives, waylaid by Corporate Public shysters. Here’s what I overheard:
 
The Defense Department is running short on recruits so they need to draft women into combat roles. Leon Panetta has righted a constitutional injustice apparently and will deploy women into battle. Because women want equality to torture, join kill squads, shoot children, get PTSD, join ranks of homeless or commit suicide. Greatest gender advance since Virginia Slims.
 
NPR interviewed oil workers who shrug off risk like Algerian massacre and speak fondly of their rape of Africa. According to them it’s “all about the Benjamins” to pay cash for sports cars and ATVs, and international travel for access to “cheap women”. Funny, the interviewees declined to reveal their full names. The energy industry promises jobs, but decent people need not apply.
 
General “All Up In My Snatch” Petraeus is being credited with inventing a counterinsurgency tactic called “the Surge”. Yeah, we’ve heard of it. Formally just a word, the “tactic” is not military, but public relations, attributable to Joseph Goebbels, to minimize an escalation or troop buildup by pretending it’s temporary.
 
The Benghazi Kerfuffle, now a DC sideshow instead of the foreign relations comeuppance where US intervention operatives in Libya got their just-desserts, is being amplified to be a vehicle to kick off Hillary Clinton’s 2016 campaign. The ex Secretary of State was praised for her gravitas and standing, leading MSNBC to suggest that “diplomacy is in her DNA”. Spouses share DNA? Are talking heads confusing DNA with VD?

berserker

Lance Armstrong setback for Team America, retroactive, so totally unfair


You can see why Lance Armstrong fans are upset. Even President Obama is satisfied not to look back, why should the sports-doping authority? Lance Armstrong beat their drug tests fair and square, what right have they to retest his blood and urine samples, based on the probable cause of mounting witness testimonies, and now that superior tests can detect his workarounds? IF Team America ever cheated, it was fair and square. All our ducks in a row. If US proof of Saddam Hussein’s Weapons of Mass Destruction turned out to be fabricated, it was fabricated to the standards required by veracity tests of the time. No fair revisiting spilt lives. If Barack Obama took the USADA’s lead, he could rid American politics of all the Neocon cheats who still dominate the airwaves today. If Obama wanted to get lying, cheating, or taking unfair advantage out of the system. But breaking the rules, international law for example, the disproportionate use of force being a cherished national specialty, is the American Way.

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

Hey, let’s go? Are you frigging kidding me Mr. President?

I got the strangest email from President Obama over the weekend… Maybe it impressed you too. Its subject was “Hey“. Probably his ghostwriter phoned it in. It began: “Eric — I need you with me on this one.” Okay, what’s the issue? Oh, money. Can you say I need you with me about money? If you’re saying ante up I suppose, but poker’s not a team sport. “Tonight’s deadline is our biggest yet, and I need everyone pitching in. Give $3 or whatever you can: [www.etc]“. Why? –is the question that springs to my mind. As a sign of good faith it would help if our president was pitching in, doing whatever he can. He finished “Let’s go,” signed “Barack“. LET’S GO?! Even being told APRIL FOOLS wouldn’t wipe that exhortation of its implied extortion.

City Hall of Mirrors

As cities around the US bully Occupy groups around on park verges and college campuses, we here in Colorado Springs have not remained unscathed. Monday morning saw our friendly neighborhood “Homeless Outreach Team,” (HOT), and a much less friendly contingent from the city’s code enforcement office dismantle the previously permitted Occupy site at Acacia Park in downtown Colorado Springs. A surprisingly good-sized group materialized after midnight to vocally express displeasure at the actions of the city as rendered by the police and what appeared to be a rather callous batch of contracted laborers hired to accomplish the actual dismantling. No one got beat up or gassed. The permit surrounding which had developed controversy in our little microcosm is gone and we will now be required to redefine, restructure, and proceed without it. Personally, i feel it to be a good riddance even though we here in Colorado Springs seem to be experiencing a bit of disorientation as a result.

Dan and M.J. of the HOT team, (a redundancy, i know, but common parlance), were present for the dismantling of the tents that had been a fixture at our protest site. Some 50 or so protesters managed to flood the scene, even at the late hour of the event. Despite the relative peace between authorities and Occupiers here, the police present were fully prepared to inflict harm if we protesters had engaged in any form other than the sometimes obnoxious yelling. The whole scene, not unlike other aspects of our unusual local manifestation of the Movement, produced and continues to produce a sense of extreme ambiguity in my own psyche. I like to think of Dan and M.J. as friends, at least in a provisional sense, but i have no choice but to acknowledge that none of my closest friends would ever even think of putting me in jail or beating me up, even if i piss them off.

Tuesday a fairly large group of Occupiers attended a City Council meeting with a previously established agenda, none of which was to address Occupy directly, though it would be difficult to conjure a government meeting with an agenda that pertained to no issue encompassed by Occupy at this juncture. My own experience at the council meeting felt very much like an exercise in futility. A gentleman preceded us Occupiers with a request to restore city funding to his non-profit that helps supply transportation to disabled city residents. As the council and mayor did with our objections next, they seemed to tolerate the man’s speech and then perfunctorily ignore it. No indication of interest or intention to act was in evidence. Aimee Cox, serving as some sort of city liaison, distributed a few sheets describing the city’s appeal process in a few sentences. The remainder of the council meeting involved investment strategy and plans to extract additional money from residents in the form of utility rate hikes.

The minutiae to all this wrangling is just about as pointless to describe as anything i can picture. The clearest vision afforded by the whole scene is still one of a struggle to get things from those that control them on the one hand, while struggling to keep people from getting things on the other. There remains a sense of entitlement held both by those with little, and by those generally smug players with much. I remain convinced that the current state of affairs is fully unsustainable. The global takeover of industry and commerce by factions that appear fully unconcerned by any consideration other than personal enrichment has led to a scenario in which those at the winning end of that paradigm are in as much trouble as anyone else. Sure, if our supply of food, energy, shelter, and so on becomes insufficient those with more clout in hand may well be able to hold out rather longer than those otherwise equipped. A few survivalists will likely outlast inner city dope fiends; but what’s the point? Is the object of human interaction to feel smugger than the next guy? Who gets to feel the smuggest?

Directly attacking the intractable problems of human interaction seems as futile as ever. No amount of negotiation seems effective enough to overcome the entrenched cultural aversion to cooperation and insistence on coming out on top that has produced such a three ring circus of a society. Observe that Colorado Springs’s Mayor Bach is in office after a campaign financed largely by real estate and development interests. Really, now, do we need more buildings around here, or aren’t these activities really just the outcome of individual efforts to scrabble up money? Think about that a moment. How much human activity is nothing more than bullshit make-work designed not to be productive, but to shift money around? How much useless crap does Madison Avenue convince us we need for no better reason than to supply income to its players. I’m suggesting that most of the stupid jobs we Occupiers hear we should get so often are self-destructive bullshit. That the great majority of laws and regulations we have allowed to overwhelm our hard-won liberty, spawning the parasitic legal industry, the real estate industry, the huge regulatory bureaucracies of governments all around, and in fact most of the “work” we humans do is utterly pointless. I’m suggesting that we humans will, in fact, need to rethink our entire interaction with one another if we are to survive our own more ridiculous tendencies.

I’m hardly the first person to posit this notion. Jeremy Rifkin, for one, discussed the ideas i merely hint at above in rather more depth in his 1995 book, The End of Work. Of course, suspicious religious folk have raised an uproar at the mere mention of Rifkin for decades now, claiming him to be a Devil-worshiper, among other things. The sad truth seems to be that fundamentalists in this country and others, of Christian orientation and others, seem content to allow their Creator’s handiwork to burn to ash rather than to work together with anyone else to resolve the problems we humans have cobbled together to our own collective detriment. As little as i relish the sort of fight that generally ensues from arguing about spiritual matters, i’ll be finding it necessary to head in that direction in upcoming posts. Hold on tight, and please feel free to engage….

Ye Aulde Memoir

Another old piece. These stories are distorted by romanticized memory, at times, and others likely remember them differently. I by no means intend to insult any of the real persons that lived through this stuff with a cavalier treatment of tender recollections, or harsh description of personalities or actions. Each of us always did exactly what seemed to be exactly the right things to do at the time. And there survives much, much love, which has grown and developed like it always does, in ways we never see coming.

I’m not putting these old ones up because i’m too lazy to write new. I’ll have one of those next–but some of this old stuff fits. Hope you like it.

11 May 2009

One day during the summer of 1980 my brother David was in the hospital at Case Western Reserve University for yet another open-heart surgery. The scene that day was dramatic I suppose, but for our family at the time, it was in many ways just another day. The state of the relationships between us had come to the condition that existed then because each and every incident that had occurred in the history of the Universe had added to that cumulative point. The way it came together then could have been viewed as tragic, I suppose, but we never noticed.

I don’t even remember how I got the news that this particular episode was approaching. David’s surgery that year was one of many—so many, in fact, that by now surgeons and academics had written papers on his congenital condition, and even given it a polysyllabic title. His lead surgeon, a Dr. Ankeny as I recall, had once claimed that he had “learned more from David Bass than fourteen years of medical school.” We four siblings had in effect grown up in the hospital, with the constant potential for death in attendance on a daily basis. Many years would pass between that summer and the moment I decided any of this was applicable to self-reflection, and the sweltering summer afternoon was as present and imminently experiential as any other I lived through during that period.
Our family seemed done that year. I had been out of the picture for over a year. Dad had left soon after, leaving a sour tinge in the air with those remaining, though I never blamed him. When David queued up for one more death-defying, experimental, split-chest open-heart surgery, Dad came back to Cleveland from Florida to put in an obligatory appearance.

Here was a meeting that defied conventional description. Dave, the least guilty of all our immediate family, had been deeply affected by Dad’s exit from the filial stage earlier that year. I hadn’t seen, or even spoken to Dad for well over a year, nor could our interactions prior to then be described as warm and supportive. Outnumbered by angry or indifferent family members, and perhaps less acclimated to hospitals as the rest of us, Dad was way out of his simpler, down-to-earth element.

I showed up unannounced, with glorious southern tart Candy Stone from Mobile, Alabama in tow, she in dirty bare feet, nearly illegal shorts, one of those dangerous eighties tube-tops, and very red eyes. I don’t think Dad spoke more than a half dozen words to me. His eyes told the whole story of uncertainty, pain, and failure. Dave, fresh from surgery, quite literally green, with a repulsive grey crust around his lips and appending to the tubes and what not projecting from several of his orifices, refused to see Dad. Refused to allow him in the room. Dad left unrequited to return to his exile in Florida. I didn’t see him again for many years.

Once, David, following the Dead tour in our Mom’s old family van showing all the effects of the Rust Belt, with his underage Russian girlfriend, his fiddle, and a patchouli oil manufacturing operation, got pulled over in Alabama, for sport. By this time, David was unkempt, smelly, and obviously committing some crime or another. The cops shook him down pretty good, but of course he had no contraband. He has a vice or two, but the heart thing keeps him from excess. He had that young Russian girlfriend, though, and Alabama’s finest figured they could really hang him out to dry, (dang hippie). But she and Dave convince the alpha cop to let them call her mom in New York to confirm that permission had been granted for the road trip and no heinous kidnapping was going on. The mother spoke zero English, but somehow the girlfriend convinced the cop to allow her to translate for her mother. Mother and daughter held a five minute conversation about the mental acuity of Alabama cops, duly translated as an expression of permission, and the travelers were on their way. David drawls this story on stage in his hillbilly persona, fiddle in hand. It’s hilarious.

It seemed to me for a long time that David was the only one of us to escape that little bubble of anti-reality that made up our family life while we siblings were young. Maybe he somehow managed to avoid being trapped in it in the first place, residing only temporarily, with some sort of metaphysical pass associated with potential imminent death. I don’t know, but years later, during one of the high points of my own endeavor, Renaissance Paint and Remodeling, I remember feeling jealous of David. This was a recurring sentiment, and all the more abberant for the fact that my strongest memory of it falls during a visit to Dave’s place in North Carolina that amounted to a just-in-case kind of deal before a heart transplant. Whatever the rationality or fairness of my little envy, (not real envy, mind you, but one of those little personality spikes that one notes and passes through), David is the one of us that got away the least damaged, and has lived his idiosyncratic dream out in full, down to the fine print, with joy.

Mom tells a story about my first day at school. Or maybe the second. I had asked some question that Miss Gardner couldn’t answer, and after day two, came home grousing about how those people were ignorant, and furthermore lazy, since no one had even bothered to look up a response. Mom likes to carry on about how smart her offspring are. She doesn’t usually bring up in public how warped we can be.

Mom, we brothers agree, bequeathed us a legacy of somewhat dubious mental processes. She’s nuts. We all know it. She knows it. Dad knows it. The rest of her family knows it well, and most of them recognize a common bond of familial, brand-name insanity that we all seem to share. I expect this is a more or less common thing among families, but I remain convinced that we are a bit stranger than most, at least in part because of the unique circumstances we lived through.

Back in the day, Mom’s thing was what they call control issues. The dynamic of her issues was so complex I can’t imagine I’ll ever figure it out. Some of her personality came to her by heredity from her mother, whom we call Mo. Much of it developed in that crucible of stress Dave kept heated by his repeated, continuous flirtation with death. Mom, responding to my over-the-top reaction to a pubescent hormonal tsunami, became madly obsessive with minutiae, dividing her time among us brothers and badgering us constantly in a fashion no one can really get unless they have their own experience to compare. I think she and I trapped ourselves in a sort of feedback loop that could have ended no other way.

I was out of the house for good, by the age of fifteen, for all purposes off to lead a life of crime, I suppose. For some years, I lived out my interpretation of the old Kerouac/Kesey/Abbie Hoffman mythos, on the road, in the street, an utterly directionless rebel. A good five or six years passed without more that a word or two passing between Mom and me.

I was nineteen when I came to Colorado Springs. The vague and unformulated manifesto for global revolution I had worked out in my head was on hold, kept in place by a twelve-pack of cheap beer. I had a job as an electrician, and didn’t see any reason to change that, but we actually didn’t do much of anything but work and drink beer that year.

One day Mom called to say Mike, another brother, got himself in trouble again and she expected him to “run away.” I told her to give him my number and I’d let her know when he called. He did just a few days later, and can I come pick him up over on south Circle.

Mike and I spent a couple years engaging in the sort of insanity to which we had become habituated in Cleveland. The reader will require imagination to add flesh to the story here. The statute of limitations may prevent backlash, but I don’t mean to poke at a bees’ nest, and it seems unlikely you might imagine anything more extreme than what actually took place. We weren’t stupid, though, and the business of working for wages, or relying on illicit behavior for advancement just wasn’t good enough, so we formed a construction company and went to work. That proved to be a trap. Maybe an extension of the weird, family trap that all of us have discussed so deeply, without resolution.

Mike and I had it in our minds that the working man’s habit of grousing over how management acts is crap and that if we were going to grouse, we ought to just take the reins ourselves. It turned out we were pretty good, too, in a lot of ways. We worked together for the best part of twenty years, and reached moments of national prominence in our little niche. The whole period was characterized by more bone-crushing stress and absurd, super-human feats. We had little breaks from the madness when we’d crash the business, which we did three times. We were great at getting shit done, but lousy at administration in the final analysis.

Hiring employees in the construction business kept me exposed to the street element to which I had become accustomed. I involved myself in various efforts to assist folks in their low-budget struggles, imagining still that I could somehow change the world. In fact, contrary to Mike’s primary obsession with business success, I figured the whole pursuit as a means to some vague end involving social revolution. For a while a religious experience had me involved with a church effort to “reach out” to the hoodlums that used to cruise Nevada Avenue on Friday and Saturday nights. I even managed to glean an ordination from the Baptists, though now I suspect they’d regret bequeathing me with it. My identification with street folks and the urge to help them rise above conditions has never left me. Actually I’ve worked up the notion that we could all stand to rise above conditions.

Dad. I went even longer without speaking with him than I did with Mom. He dealt with our family’s teen-aged fulguration by folding his hand and striking out on his own. Offered a transfer by his employer, the story goes, he told Mom, “I’d like you to come to Florida with me, but I don’t think I can love you anymore.” No woman in her right mind would go for that deal, and Mom didn’t fall for it either. Dad packed his company car and struck out, leaving his all-important nest egg, and everything else, behind. When David was in the hospital again that summer, that’s where Dad came from to visit him.

I had been away, and I don’t recall blaming Dad for his poor dealings with the family. He had been raised in a very old-school, European style, and he simply couldn’t handle our ways. To this day, in spite of Dad’s expression of a taste for “philosophy,” our conversations are often guarded, pregnant with unspoken truths. I still don’t know his philosophy.

Last summer Dad, my youngest brother, and I went to Montana to camp and fish, riding an outfitter’s horses into some of the most pristine wilderness left in the lower forty-eight. I had genuinely hoped to break the communication barrier that stands between us, but we had to settle for hugs and meaningful silences, for the most part. Dad still plays with his cards pressed tightly to his chest, flashing a look of panic if the conversational waters begin to threaten him with submersion. I guess he can’t swim.

Dad’s experience, it seems to me has also been different from the norm, though I’m uncertain that any human being matches that mythical standard. His family, unlike Mom’s, which fought in the Revolution, was barely American. They were proud American citizens, but their traditions came from old Europe, and they still lived communally on the old Bass farm as they had done for a thousand years.

During my childhood, whenever David was out of the hospital, we’d spend weekends at the farm with the scene looking very much like something from an era that had long since passed in this country, all Dad’s siblings and extended family eating together, playing cards, children roaming the grounds like Huck Finn. It was all rather idyllic, truly, and the moment Grandma Bass died and the farm disappeared under a layer of vulgar office towers marked the shift from one childhood to another.

Dad’s life since then became an effort to recreate those years. His brother and sister had never left the farm. Even when his brother Paul married and had a child, he stayed there on Rockside, as the place was known. I think that scene served as an anchor for my Dad, and when he retired, impressively early despite having suffered huge financial setbacks, he bought his own farm, secluded and sylvan, and moved his socially inept brother and sister in with him.

Paul was a very strange dude. Throughout his lifetime he suffered from some sort of condition that caused him to wobble quite a bit and to mumble when he spoke, like a cartoon character. I still have no idea what the actual condition was–it was never discussed in medical terms, and Paul worked, loved, laughed, and lived in a fashion perfectly suited to him. He represented another unusual facet of our lives that never seemed unusual to us, simply because it just had always been what it was. During his declining years, Paul became more and more difficult to live with, his condition developing into a matter that caused him to actually require care, rather than merely one engendering bemusement. He became cantankerous, incontinent, and dangerous to himself, given his refusal to use a cane. Dad actively cared for him, there on the new farm, forty-five minutes from a paved road, until he died a few years ago.

I couldn’t make the funeral, but I spoke to Dad on the phone as he was back in the city making arrangements. I told him I thought his dealings with Paul were among the most impressive and moving things I had ever seen. I still see it that way. The conversation, which lasted no more than ten minutes I guess, may have been the deepest we’ve ever shared.

For the past eight or nine years every Sunday, so long as I’m in town, I give away food we cook up to whomever we can get to come up to the Colorado College campus and sample our fare. Often our guests are homeless or dirt poor, but we’re not so much stipulating low economic clout as a qualifier. We’ll feed anyone. Dick Celeste, the former governor of my home state, Ohio, and once ambassador to India, comes now and then. He’s a friend, and I visit him at his home, during party season at CC. Arlo Guthrie came down to our basement kitchen once–I put him to work washing dishes. Many of the crowd I see every week are chronic though, plagued by demons I surmise to have been born in conditions similar to mine as a youth. I’ve occasionally contemplated the accusation of “enabling” bad behavior that people toss my way once in a while, but many of our regulars, some of whom I’ve known for twenty-five years, are simply never going to approach any sort of productivity. They are simply too extraordinarily damaged, and as the proverb goes, there, but for the grace of God, go I.

The Christian experience I mentioned earlier was a reflection, or maybe an extension, of spiritual drives I always apprehended. I pursued it heartily for a time, beginning my adult involvement with the sort of hands-on charity our Sunday kitchen represents in a Christian context. The Church always felt skewed to me though, and a couple years’ studying of the questions involved convinced me to adopt thinking anathema to most of my Christian friends. The exclusionary thinking shared by many church folk, in turn, began to seem anathema to me.

Something about my family and its ability to weather long, rending forces, becoming over time a stronger entity for all its roiling turbulence, seems to me akin to the aspect of the human condition that produces the wrecked lives that bring folks to visit me on Sunday afternoons. Further spiritual thinking–some would say metaphysical thinking–concerning Chaos and Oneness has encouraged me to feel like the separation between me and the crowd I serve is illusory in some indefinable fashion. When members of our family passed through periods during which we found it necessary to step back from one another, the bonds that hold us together never broke, and the etheric bonds between my soup kitchen crowd and me, and ambassadors or presidents, don’t seem breakable either. We all seem to share certain common struggles, differences arising simply from disparate approaches, variant perspectives. Our family, it turns out was never what we imagined it ought to be, but perhaps something greater, and more viable, after all.

Part of my mission in ditching the construction business for more cerebral and perhaps less lucrative pursuits at an age when many of my peers in the building industry are thinking of golf courses and retirement comes from a belief that the differences in individuals are reconcilable. Feeding people is necessary, but falls short of bridging the apparent expanse between souls. I still want to change the world, even though I understand the futility of such a grandiose notion. Utopians always fail. But I expect that each time some failure becomes apparent, we can learn a little something, and maybe the next day we can fail a little better.

No account of self-examination is ever going to be complete. I won’t be asserting anything about how I’ve come full circle. Our family will never return to the conditions of my childhood. Nor is the new generation my brothers and cousins and I have brought into the world a retread of old lives. I haven’t even touched on my own experiences as head of a new family, but my children live lives vastly different from their forbears, and even though I rather hope they can avoid some of my mistakes, I suspect they’ll be making many of their own. It seems to be in their genes to require hard lessons. But, like my tortured friends in line at CC on Sunday mornings, or those in my circle equally tortured but accustomed to fine linens, whatever they may suffer holds its own value.

We all learn what we must learn. Life is perfectly safe. Its lessons are self-taught, but deep. I genuinely plan to write a real memoir and a family history, for my kids’ sake, but by the time we come full circle, it’s too late to write about it.

Denver Daze

Occupy Colorado Springs is and has been a relatively staid affair. Our biggest marches have drawn maybe 200 participants, and the street corner has been generally host to small crowds and mostly friendly or indifferent passers by. Visits from police have been just that–visits, rather than assaults, even when the HOTT Team came to arrest me early in the morning on 18 October, and the intrepid Camping Jack on two more recent occasions. We had to take steps to force them to make my arrest. Many of the core participants at Acacia Park have never been involved in any sort of political processes at all, let alone public protestations. So when several of our number traveled to Denver last Saturday to join a boisterous crowd of around 3,000 souls emotions were high, mixed, and complex.

There can be no denying the nervous air among one van load during the trip to Civic Center Park, directly in front of the State Capitol building, on the western side. Shana expressed open fear, bless her heart, and i suspect she wasn’t the only of our number of like mind. Fear was generally dispelled by the excitement of the much larger Denver crowd, though, and as we marched around downtown under clear blue unseasonably warm Colorado skies, past the Mint, the Federal Reserve Building, down the 16th St. Mall where city employees took an unscheduled break to let us pass and bewildered shoppers either stared aghast or waved and grinned in support, up 17th St. past all the towering bank centers, and finally mounting the steps at the Capitol Building in defiance of specific instruction from city and police. Throughout the march, spirits were exuberant as cooperative bullhorn operators traded various, sometimes conflicting perspectives while our horde danced and prated along the sidewalks and streets, and we arrived at the Capitol in high, expectant spirits.

There had been quite a lot of friendly cops along for the march, but shortly after our arrival at the Capitol the armored legion showed up and began tactical operations to expel the somewhat rowdy crowd from its perch. I was there with my 15 year old son, so we pulled back from the danger zone when the announcement was made waving off the “unarrestable.” Adin and i observed the obscure scuffling, complete with clouds of gas, from the Park as we waited for the valiant crew of absurdly comical drag queens “manning” the field kitchen to finish the “pimp-ass risotto” we later had for lunch, flavored by tear gas. The cops cleared the Capitol steps and formed a double-lined phalanx at the eastern face of the Park, at the street edge of the sidewalk directly across from the kitchen and the hastily erected camps. The kitchen crew struggled to put a specifically verboten makeshift canopy over their operation, so the police could be sure and find them.

The police blocked Broadway for several blocks and pushed protesters off the street into the Park and stayed in a threatening stance for some 6 hours or so, waiting for the appointed hour of 7:00p when they razed the camps, apparently according to specific orders. The clearing of the street was punctuated by violence , at least some of which was beyond the pale. Photographer and protest participant Andrew Cleres was ruthlessly shot down from his tree-stand while obviously not a threat. Frankie Roper of our OCS group was transported to a local hospital after taking a “non-lethal” round to the chest, though he was not arrested and refused treatment so he could rush back to the proceedings. Cops pulled back to the street after their initial assault and held a line for several hours while listening to protesters preaching various words ranging between, “We love you; you are US,” to “Fuck off and die, Pigs!” while awaiting word to move on the camps, which they did at the appointed hour, throwing tents, food, and kitchen equipment into a city trash truck.

The police surrounded the empty camping areas afterward, and maintained their line at the street for some time, continuing to endure some very angry expressions by riled protesters. Around 8:00p they abruptly and rather anticlimactically just left, allowing protesters to claim a victory, of sorts.

Though my observations to follow may well clash somewhat with some attitudes expressed during much subsequent conversation, much of what i witnessed at as close a range as could be was very encouraging indeed. Protesters were extraordinarily courageous in the face of a volatile situation. At odds with some other observers, i suggest cops exercised pretty fair restraint. Frankie and Andrew were both rather overworked in the incidents linked above. Frankie’s foot had been rolled over by the motorcycle he then knocked to the ground when the cops jumped him, and police had no way to know that when they got him. He was not arrested. Throughout the day, during which there were only 20 arrests reported, i witnessed numerous instances of very angry protesters attempting to engage police violently. These incidents were mostly handled by the crowd by their moving in to separate the overwrought form the line of cops, and the few moments where things escalated to actual physical levels were marked by a lack of brutality by police, and an apparently strong reluctance to arrest anyone. And again, after executing announced plans to raze the camps the cops simply left the scene.

Among the most exceptionally poignant vignettes of the day was the scene at the kitchen between the clearing of the Capitol steps and its ultimate destruction. The queer high antics persisted in good humor through the entirety of the very tense day, and the line of grateful hungry continued steadily within shoulder-brushing distance of the armored squads; life, joy, and loving community on display under duress. Many protesters repeated the suggestion to police that they are fully welcome to lay down armor and join us for a sandwich and a bowl of soup, and some cops actually did so, braving the incredulous stares of their fellows before rejoining the line. All day, though more so during the march while still in a conversational mood, police expressed support for us protesters, and reluctance to be antagonistic on their own. When they returned at the close of Park hours in much smaller numbers to match the dwindling of our own, remaining protesters knew to clear to the sidewalk and no further incidents took place. By then, new supplies had been delivered by random donors, and a new kitchen was already turning out coffee and chili dogs from an adjusted position at the park’s edge.

There remains aroused spirits from many of the variously positioned players in this conflict of Ideas. Many U.S. armed forces veterans are very angry indeed at police seen as traitorous after the incident with Scott Olsen in Oakland, (don’t forget to continue to hold Scott in your prayers, if you do that sort of thing); however I, for one, am encouraged by the dramatic differences between what i saw in Denver Saturday and the stuff from my childhood where police would just wade through crowds swinging nightsticks with brutal efficiency at whomever was within range. Further encouragement came from the shift in mood the following day when much of the tension between holders of opposing opinion among our OCS core appeared to simply diffuse on its own in the face of the sheer size and intensity of the action in D-town.

My take: I am immensely proud of all the Occupiers that participated, (including perhaps most especially my son Adin, who chose to stay right up in the thick of things with us all day long), and steadfastly protected those of our own motivated beyond restraint from overstepping propriety. We are ALL one. The human race makes up a group of 100%, even if some of us need to catch up with the notion. We have a long way to go, but we’re learning. This thing will continue to be lumpy and chaotic, but we’re getting there. Because we have to, no matter what.

Report from the Right Front

I will be the first to point out, right now here in this forum, that I have a Texas-sized ego. I think I’m a reasonably smart guy, and not unlike any writer, that I have some things to say that are so danged important that I’m gonna say them. I’ll also point out that some others in the conversation, possibly including you, gentle reader, have the same handicap. The entire discussion ought to be undertaken with a salt shaker within easy reach ’cause everything anyone has to say ought to be taken with a liberal helping.
 
This post is an attempt to unravel a bit of a Gordian knot that has tied itself around the politics of “Occupy” movements around the world, and particularly here in Colorado Springs, Colorado, U.S.A. without hacking at it with f-bombs directed at the many possessors of equally large egos as mine, while openly acknowledging strong disagreements between some of us. Believe me, this is a difficult bit of unraveling and though I mean to avoid ad hominem attacks, I’ll not promise to eschew strong language. It’s also a bit of a news update, straight from the horse’s ass, so to speak. Sorry if it runs long or gets complicated; it’s a big hairy knot.

I am the guy that picked up the first no-camping ordinance violation in the city of Colorado Springs. I did this while participating in protests falling under the ill-defined aegis of a group called “Occupy Colorado Springs,” in solidarity with another ill-defined group called “Occupy Wall Street,” and other Occupiers all over the world. In case it’s unclear: there’s no such thing as Occupy Colorado Springs, (OCS). What happened is a few guys, boldly named at the top of the eponymous Facebook page like John Hancock at the bottom of that one famous page, finally got bent enough out of shape to do something about it so they set up a page, and a small camp down at Bijou and Tejon–Acacia Park. They were behind the Wall Street guys and liking what they were about, I came behind them.

There is no club membership, no charter, no bylaws, no nothing to define the Colorado Springs group that might in any way be construed to suggest the thing we are doing at Acacia Park is anything other than a gathering of a bunch of fully leaderless sovereign individuals that happen to share a common distaste at the state of human affairs extant in the world today. Anyone who has known me for any length of time, or has read any of the pages preceding this post will know that this is nothing new for me. I was and remain ecstatic at the development of public expression, both here and globally. I am a free actor in the business of protesting in general, and that involving the city’s no-camping ordinance in particular. I act as a sovereign, as a member of OCS whatever that means, as a citizen of the U.S.A., as a citizen of the World–a member of the human race, possessor of certain unalienable rights, whether those derive from God or not.

I decided to deliberately violate the city ordinance because I believe it exemplifies an aspect of the overall erosion of human rights here and across the globe that has precipitated such widespread uproar. I believe it directly attacks individuals’ right to life, liberty, and the pursuit of happiness, and that it is both superfluous and fully unnecessary. It’s just a mean-spirited dig at the weakest among us, a tactic akin to schoolyard bullying, which I maintain is motivated by the same spirit that allows the holders of power at the Federal Reserve and other powerful international and national bodies to gleefully grind the majority of the world’s citizenry to dust for no more than sport. I meant all along from well before the advent of any Occupations to have this conversation at a level previously unattainable to me, and now we will–that is, I and whomever cares to jump in during the proceedings. I control only my own actions and expressions.

There are some protesters at Acacia Park that have strenuously objected to my camping as I did. They are pleased to maintain the fine relationship with CSPD and with the Mayor’s office that has developed, and happy to have avoided the head-bashing, tear-gassing removals that have troubled some other Occupy outposts. Fearing a narrowing of focus from the general Occupy platforms, they asked me, and truly in some instances pleaded with me to abandon my course. Some attempted to tell me. They are happy to compromise, capitulate, appease, to utilize terms previously utilized by those members opposed to my individual action. I am not. I promise, I love every one of the crazy fools involved with the action at our little street corner whether we agree on this matter or not. I’ll mention this one more time: I am just one dude. Anyone that agrees with me here is also behaving of his or her own accord.

Our Mayor Bach is an asshole. I promised to avoid ad hominem here, and I’ll point out that this is not an attack but an observation, and only my opinion. Publicly, falsely and slanderously maligning the very civilized protesters of OCS for urinating on sidewalks while simultaneously locking park rest rooms which had previously been available to all manner of dope-shooting freaks, and possibly authorizing the operation of park sprinkler systems to douse protesters in below freezing temperatures are asshole moves. In my opinion. Mayor Bach is in error, but he’s only acting as seems best to him in each moment, now also capitulating, and allowing protesters a right to their freedom of speech.

We already have a freedom to speak in our country. My violation of the camping ordinance addresses a deeper, more fundamental set of freedoms mentioned so briefly in Mr. Jefferson’s Declaration, and to be found in all the keening of literature throughout all of history–blowin’ in the wind, one might say. This is not a narrowing of focus, but rather a telescopic lens by which I hope we can examine questions of such grand scale and difficulty that centuries after a bunch of homeless guys floated across the Atlantic to Plymouth, we still haven’t grasped them. failing to address the camping ordinance presenting itself so conveniently will flippantly sidestep the most essential key to all of this whole set of global protesting. We’ve all seen protesters on the street corner a million times. We’ve always compromised. It’s never worked.

Anecdotally speaking, it appears the major objection raised by detractors of the Occupy movement is that there has been no firm expression of goals, manifestos, or demands. It seems to me that this is the natural outcome of the complexity of the problems at hand. Although there are certainly individuals involved in skulduggery at, say, the FED, my view is that we face the necessity to alter a fundamental flaw in our very basis for human interaction. I’ll leave you to read my thoughts on that elsewhere in this blog, if you desire, both previous to this post and to come. Right now the Occupy movement is just an acknowledgement of discomfort with the extraordinarily stubborn status quo across all political and national lines, and a frame work within which discussion may take place. Planning and legal definitions will have to wait for some 7 billion Occupiers to chime in. The difficulty of hashing out the minor disagreements among players here in Colorado Springs may be an indication of how much work is involved with the big picture. Be patient. Unless you like the status quo. Most of us don’t.

For anyone out of the loop, including friends across the U.S. and abroad, here’s a bit of fact: I was arrested 18 October, around 2am MST for deliberately violating a city no-camping ordinance. The arrest was executed by my friends, the extra-fine members of the “HOTT” team of the CSPD, as we had previously discussed, (those guys are just as much in jeopardy from “Wall Street” as any of us; they are our brothers). I was simply driven, sans violence of any kind, or even cuffs or hard feelings, to the Gold Hills police station. We did a little paperwork and the fellas drove me to a friend’s place where I claimed a bit of much-needed rest. The HOTT team and I were completely cooperative with one another, and remain so. They did their jobs, I did mine. I had to wrestle with the question until some family matters came up, but I will not be camping under that no-camping sign again until at least my court date, 8 Nov at 1:30p MST. I can not, nor will I attempt to speak to the actions of any other sovereign actors who may follow my example, other than to toss out my opinion should it seem germane to me.

I hope we can all have this conversation in a civilized manner. I hope the whole world shows up at the courthouse that day. I hope all my friends known and unknown that can’t make it will pray, or chant, or beam love on fairy wings–whatever their fancy. I’m gonna need it. I think we all need it, that day and every other.

Reprinted from Hipgnosis

Occupy Denver recognizes Colo. AIM, mixes metaphor to Unoccupy America!

This weekend the General Assembly of Occupy Denver recognized that its intended occupation was actually a re-occupation, of lands to which original inhabitants lay claim. On Sunday the GA consensus voiced its solidarity with the American Indian Movement of Colorado who submitted a statement for ratification. It’s reprinted below via The Sole Reader:

COLORADO AIM’S CHALLENGE TO #OCCUPYDENVER

An Indigenous Platform Proposal for “Occupy Denver”

“Now we put our minds together to see what kind of world we can create for the seventh generation yet to come.”

John Mohawk (1944-2006), Seneca Nation

As indigenous peoples, we welcome the awakening of those who are relatively new to our homeland. We are thankful, and rejoice, for the emergence of a movement that is mindful of its place in the environment, that seeks economic and social justice, that strives for an end to oppression in all its forms, that demands an adequate standard of food, employment, shelter and health care for all, and that calls for envisioning a new, respectful and honorable society. We have been waiting for 519 years for such a movement, ever since that fateful day in October, 1492 when a different worldview arrived – one of greed, hierarchy, destruction and genocide.

In observing the “Occupy Together” expansion, we are reminded that the territories of our indigenous nations have been “under occupation” for decades, if not centuries. We remind the occupants of this encampment in Denver that they are on the territories of the Cheyenne, Arapaho and Ute peoples. In the U.S., indigenous nations were the first targets of corporate/government oppression. The landmark case of Johnson v. McIntosh (1823), which institutionalized the “doctrine of discovery” in U.S. law, and which justified the theft of 2 billion acres of indigenous territory, established a framework of corrupt political/legal/corporate collusion that continues throughout indigenous America, to the present.

If this movement is serious about confronting the foundational assumptions of the current U.S. system, then it must begin by addressing the original crimes of the U.S. colonizing system against indigenous nations. Without addressing justice for indigenous peoples, there can never be a genuine movement for justice and equality in the United States. Toward that end, we challenge Occupy Denver to take the lead, and to be the first “Occupy” city to integrate into its philosophy, a set of values that respects the rights of indigenous peoples, and that recognizes the importance of employing indigenous visions and models in restoring environmental, social, cultural, economic and political health to our homeland.

We call on Occupy Denver to adopt, as a starting point, the following:

1. To repudiate the Doctrine of Christian Discovery, to endorse the repeal of the papal bull Inter Caetera (1493) to work for the reversal of the U.S. Supreme Court case of Johnson v. M’Intosh 1823), and call for a repeal of the Columbus Day holiday as a Colorado and United States holiday.

2. To endorse the right of all indigenous peoples to the international right of self-determination, by virtue of which they freely determine their political status, and freely pursue their economic, social and cultural futures.

3. To demand the recognition, observance and enforcement of all treaties and agreements freely entered into `between indigenous nations and the United States. Treaties should be recognized as binding international instruments. Disputes should be recognized as a proper concern of international law, and should be arbitrated by impartial international bodies.

4. To insist that Indigenous people shall never be forcibly relocated from their lands or territories.

5. To acknowledge that Indigenous peoples have the right to practice and teach their spiritual and religious traditions customs and ceremonies, including in institutions of the State, e.g. prisons, jails and hospitals„ and to have access in privacy their religious and cultural sites, and the right to the repatriation of their human remains and funeral objects.

6. To recognize that Indigenous peoples and nations are entitled to the permanent control and enjoyment of their aboriginal-ancestral territories. This includes surface and subsurface rights, inland and coastal waters, renewable and non-renewable resources, and the economies based on these resources. In advancement of this position, to stand in solidarity with the Cree nations, whose territories are located in occupied northern Alberta, Canada, in their opposition to the Tar Sands development, the largest industrial project on earth. Further, to demand that President Barack Obama deny the permit for the Keystone XL Pipeline, proposed to run from the tar sands in Canada into the United States, and that the United States prohibit the use or transportation of Tar Sands oil in the United States.

7. To assert that Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions. They have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. Further, indigenous peoples have the right to the ownership and protection of their human biological and genetic materials, samples, and stewardship of non-human biological and genetic materials found in indigenous territories.

8. To recognize that the settler state boundaries in the Americas are colonial fabrications that should not limit or restrict the ability of indigenous peoples to travel freely, without inhibition or restriction, throughout the Americas. This is especially true for indigenous nations whose people and territories have been separated by the acts of settler states that established international borders without the free, prior and informed consent of the indigenous peoples affected.

9. To demand that the United States shall take no adverse action regarding the territories, lands, resources or people of indigenous nations without the free, prior and informed consent of the indigenous peoples affected.

10. To demand the immediate release of American Indian political prisoner, Leonard Peltier, U.S. Prisoner #89637-132, from U.S. federal custody.

Finally, we also remind Occupy Denver that indigenous histories, political, cultural, environmental, medical, spiritual and economic traditions provide rich examples for frameworks that can offer concrete models of alternatives to the current crises facing the United States. We request that Occupy Denver actively utilize and integrate indigenous perspectives, teachers, and voices in its deliberations and decision-making processes.

Submitted 8 October 2011

American Indian Movement of Colorado

P.O. Box 292, Sedalia, CO 80135

Even unmasked, alleged Anonymous hactivists sport heroic Guy Fawkes grin

Donald Husband, accused Paypal attacker, alleged member of Anonymous, heroic hacktivistTPM and Gawker are getting lots of mileage from unveiling the mugs behind “Anonymous,” the alleged members accused of the DoS attacks on Paypal, targeted for its financial disruption of Wikileaks. As comment threads are yucking it up with the usual anti-geek jokes, ha ha they’re no longer anonymous, I couldn’t help but think of a chapter from Michael Moore’s upcoming HERE COMES TROUBLE excerpted for the Guardian, in which Moore recounts the ostracism he felt after his Oscar acceptance speech when he denounced the illegal invasion of Iraq. Though so many of us cheered, it turned out the critical derision quickly overwhelmed Moore. I can only hope that those recently arrested by the FBI for computer activism under the collective pseudonym “Anonymous” have the fortitude of spirit to see past their antagonists. Without inferring their guilt or direct responsibility for interrupting the mercenary Paypal, I’d like to recap the obvious, that Wikileaks and Bradley Manning are worthy of support, and we can bicker about Anonymous’ declared strategies, but anyone with guts enough to get off the proverbial fence is fighting the good fight. Theirs was a virtual picketing of an internet business acting politically, their protest was protected free speech. The penalties they face, up to 15 years it’s threatened, reflect the only rights the USG holds inviolate: financial transactions. The faces of Anonymous are heroes.