Tag Archives: Urban Camping Ban

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DHOL’s 2/17 press release:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Lindsey Flanigan Courthouse Plaza protest timeline (July 2015 – present)

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UPDATED: This is a timeline of the legal battle which began in July 2015 over activists’s right to protest in the Lindsey Flanigan Courthouse Plaza. It explains why activists with Occupy Denver did not believe they were being given lawful orders when commanded to stop and why activists still believe the DPD were wrong to make their arrests. The city’s charges of “encumbrance” and “obstruction” appeared calculated to circumvent a federal injunction protecting the public’s First Amendment rights.

July 27, 2015
Mark Iannicelli and Eric Brandt distribute jury nullification literature at Lindsey Flanigan Courthouse (LFC) plaza. Mark Iannicelli is arrested and jailed for two days, charged with seven felony counts of jury tampering. #15CR03981 (charges dismissed 12/16 by Judge Plotz).

Aug 7
Warrant is issued for arrest of Eric Brandt for same incident, same charges. Eric Brandt is arrested and jailed #15CR04212 (charges dismissed 12/16).

Aug 14
Colorado 2nd Judicial District Chief Judge Michael A. Martinez issues order CJO-1 barring protest, including structures, in LFC plaza. (The Chief Judge later explained that his motivation was to preempt racial unrest on occasion of potential death sentence being given to African American Dexter Lewis, so soon after Aurora Theater Shooter James Holmes, who is white, had been spared the death penalty.)

Aug 17
Through attorney David Lane of Kilmer, Lane & Newman, plaintiffs Eric Verlo, Janet Matzen & Fully Informed Jury Association file complaint for federal injunction protection against continued arrest of jury nullification pamphleteers in LFC plaza

Aug 19
Having become apprized of CJO-1 posted at courthouse, Verlo et al file amended complaint to include a challenge of the “plaza order”. US District Court Judge William J. Martinez grants an injunction hearing for August 21.

Aug 21
1. An AMENDED CJO-1 is posted to courthouse entrance. Colorado Chief Judge Martinez amends PLAZA ORDER prohibitions to apply only to “highlighted area”, not entire plaza.

2. US Judge Martinez hears oral arguments on federal injunction. LFC plaza is stipulated to be not just a “designated” free speech zone but a “traditional” free speech zone.

Aug 25
US District Judge William Martinez grants preliminary injunction, strikes first paragraph from amended plaza order. He rules the prohibitions in the highlighted area cannot limit non-amplified speech, the accosting of passersby, or the distribution of literature.

Aug 26   FOUR ARRESTS
8am: New REDACTED amended CJO-1 [Plaza Order] is posted on glass door of Lindsey Flanigan Courthouse. Occupy Denver activists initiate an all-day protest to distribute FIJA fliers.

10am: Protesters erect a popup canopy which is immediately confiscated by DPD citing activist lack of permit. Other materials confiscated include table, chairs, drums, banners, signs and jury nullification brochures. However there are no arrests or citations.

1pm: City Attorney Wendy Shea agrees to have DPD return confiscated property. DPD equivocates (for two days), citing lack of a specific person to whom property should be released.

3pm: Plaintiffs Verlo et al file motion to hold DPD in contempt of federal injunction for the confiscations. (DPD was later found not to be in contempt because evidence was not conclusive that literature had been confiscated.)

9pm: Occupy Denver erects three tents. DPD and SWAT seize the tents. Four protesters arrested for “obstruction”: William Hall #15GS012195 (took a plea deal: probation and area restriction), Adrian Brown #15GS012196 (trial 3/8, not guilty obstruction & failure to obey, guilty interference, 20 days jail, on appeal), Fred Hendrich #15GS012197 (case dismissed 6/13), Eric Verlo #15GS012198 (trial 1/11, guilty obstruction & interference, 20 days jail, on appeal)

10pm: Remaining protesters stay overnight in sleeping bags awaiting release of arrestees. (Thus begins a 24-hour protest which continues for 56 days.)

Aug 28     ONE CITATION, TWO ARRESTS
4pm: After further calls to city attorney, the canopy is reclaimed from DPD property, and is erected immediately. DPD confiscates it as “encumbrance”. Citation is issued for dog off-leash to Caryn Sorado #15GV552914 (dismissed 11/24 via plea deal)

7pm: Immediately after his delayed release from jail, Adrian “Monk” Brown erects a tent. Within half hour, while walking his dog at South end of plaza, Brown is arrested by DPD and tent is confiscated. #15GS012303 (trial 11/16 w Rodarte, jury finds Brown NOT GUILTY)

8pm: Eric Brandt protests Brown’s arrest, chases DPD Commander Lopez car, arrested. #15GS012304 (trial 8/24 w Spahn)

Sept 1
8am: Hearing before US judge Martinez to hold DPD in contempt. Paying a visit to the Denver Department of Pubic Works, activist learn that there is no permit required for “free speech activity” and furthermore the department does not have jurisdiction over the Lindsey Flanigan Courthouse plaza.

4pm: Activists erect three empty tents marked with bold letters “JURY NULLIFICATION TENTS”. At 6pm, DPD arrives in force to confiscate the three tents, and pass out paper notices [Encumbrance Notice] which read:

“!!Notice!! It is illegal to place ANY encumbrance on the public right of way. An encumbrance is defined as “any article, vehicle or thing whatsoever” which is on “any street, alley, sidewalk, parkway or other public way or place.” D.R.M.C. § 49-246 et. seq. The manager of Public Works may order all encumbrances in the public right-of-way to be removed. The failure to remove items so ordered is a criminal offense; the maximum possible penalty for which is up to one year in the county jail and/or up to $999 fine. PLEASE REMOVE ALL PERSONAL ITEMS FROM THIS AREA. If personal items are not removed immediately, you may be subject to an order of removal at which time all items will be subject to removal by the Denver Police Department. Agency – Denver Police Department”

The Denver ordinance cited above reads:

“§ 49-246. The manager of public works or the manager’s designee (hereinafter in this article, “manager”) is authorized to remove or to order the removal of any article, vehicle or thing whatsoever encumbering any street, alley, sidewalk, parkway or other public way or place (any such thing hereinafter in this article to be called an “encumbrance”). The manager may prescribe appropriate methods, specifications, placement and materials for encumbrances in the public right-of-way.”

Sept 3
US District Court Judge William Martinez rules DPD is not in contempt because evidence was not conclusive that literature had been confiscated. (Note: plaintiff’s order to show cause was filed on 8/26 before that evening’s arrests.)

Sept 7
In the LFC Plaza, city workers install steel signs in center of plaza which read: “NOTICE In reference to DRMC Sec. 49-246 this plaza must remain free from all encumbrances/obstructions – Denver Public Works”

Sept 8
4:30pm: DPD conducts sixth raid on protest, confiscating everything that can’t be gathered and held by activists.

Sept 11
Night raid, to avoid arrest everyone must stand and gather personal items as if to leave.

Sept 12
DPD Night raid. Everyone made to stand, no arrests.

plaza-handcuffs-timothy-campbell-nmt

Sept 13
Night raid, stop and frisk of Timothy Campbell because he “looked threatening” to an HSS security guard. Campbell is handcuffed but released. Michael Moore is issued a citation for having his dog Lizzie off leash #15GS013171 (1/5 plea deal, six month probation).

Sept 14
DPD confiscates “encumbrances”: chairs, flags, banners, toilet paper

Sept 15
While Michael Moore is loudly protesting at doors of jail about delayed release of Eric Brandt, jail deputies assault Moore and attempt to take him into custody. DPD arrives and delivers Moore to Detox. No arrests.

Sept 16   ONE ARREST
Surveillance operator observes Jose “Pedro” Trejo urinating in public. DPD force arrives, Pedro arrested #15GS013298 (Plea deal, time served, $50 fine).

Sept 17
1am night raid makes 12th raid. DPD threaten arrest for “violation of urban camping ban”

Sept 18   FOUR ARRESTS
While activists are celebrating 4th anniversary of Occupy Wall Street, DPD evict assembly citing encumbrances, arrest Eric Brandt #15GS013512 (trial 8/29 w Spahn) and confiscate majority of protest equipment and personal property, warn others to leave and face arrest upon return. Activists return and DPD arrest three more: Adrian Brown #15GS013537 (dismissed 3/18), Jay Maxwell #15GS013517 (plea deal, year probation), and Timothy Campbell who is tackled and charged with assault #15CR05088 (jailed 4 days, charges dropped 9/22).

Via their attorney, plaintiffs Verlo et al receive Spoliation Letter to preserve all correspondence, media, eg. evidence of activities in plaza, from August 2015 onward.

Sept 19   ONE ARREST
2:38am: Later that night, Mark Iannicelli is arrested for not removing his chair from plaza #15GS013527 (District court considering motion to dismiss)

Sept 24   THREE ARRESTS
Possible police agent sent into camp to provoke fight. Arrest of Adrian Brown #15M08835 (charges dropped) and Matthew Lentz #15CR05197 (jailed 5 days, charges dropped 9/28). Brandt arrested for interference #15GS013823 (6/13 trial ended in hung jury. Retrial is 8/1 w Faragher).

Sept 25
Adrian Brown files motion for expanded discovery on 8/26 tent arrest case (#15GS012196). Sept 25 is before the 30 day period after which HALO camera footage is regularly overwritten. (Other 8/26 defendants will be told their discovery motions were filed too late to prevent destruction of HALO surveillance video. Although all motions were similarly worded and requested the identical evening’s footage at Brown.)

City challenges temporary injunction with US Court of Appeals.

4pm: CURFEW notice posted by City workers who install eight steel signs on periphery of plaza declaring a curfew. Signs read:

“NOTICE The grounds of the Lindsey-Flanigan Courthouse and the Denver Detention Center are closed to the public from 8:30PM until 7:30AM. Except to conduct official business within tne facilities. Violators are subject to citation or arrest pursuant to D.R.M.C 38-115”

7:25pm: Activist are driven off the plaza by DPD. Protest continues overnight on sidewalk along Colfax Ave. DPD conduct night raid forcing everyone to stand and gather sleeping bags as usual.

Sept 26
Protest relocates across Colfax Ave to triangle shaped park on Northwest corner of Tremont and Colfax.

Sept 28?
After an activist discussion of an alternative fallback location being the plaza in front of the Wellington Webb Building, we discover curfew signs have now been posted there too.

Sep 30
City of Denver files motion to dismiss injunction.

Oct 6   ONE ARREST
Possible infiltrator disrupts camp by stealing property. She is ousted by Caryn Sodaro but later files a complaint in municipal court seeking a protection order against Sodaro. Warrant is issued for Sodaro’s arrest #15GS014734 (11/18 plea deal, 150 days jail).

Oct 9
Plaintiff files response to motion to dismiss.

Oct 16
Reply brief by plaintiffs

Oct 21   ONE ARREST
On first day of rain since plaza protest began, DPD effects full eviction of COLFAX CAMP. Confiscates personal property and protest materials. Hauls much of it in a garbage truck. Eric Brandt is arrested for obstruction and interference #15GS015407 (trial 9/7 w Spahn)

Oct 26
Reply from plaintiffs.

Nov 12
Reply in support of defense

Nov 16
Jury finds Monk Brown no guilty of 8/28 obstruction. Judge Nicole Rodarte in 3G. Deputy city attorney prosecuted the case.

Nov 17
Oral arguments to court of appeals, courtroom III

Dec 16
Denver District Court Judge Kenneth Plotz dismisses Jury Tampering charges against Mark Iannicelli and Eric Brandt (city does not appeal).

Jan 11
8/26 tent arrestee Eric Verlo found guilty of obstruction and interference, 20 days jail. Represented by public defender. On appeal based on ineffective assistance of counsel.

Jan 13
City makes first request for plaintiffs to show documents to defendants, as per spoliation letter. (Meanwhile activist defendants have received discovery motion responses that surveillance video is overwritten and all of city correspondence is privileged.)

Feb 1
Plaintiffs Verlo et al are informed that US District Judge William Martinez wishes to hold a full trial to consider a permanent injunction. Depositions will be recorded on Feb 12.

March 8
8/26 tent arrestee Monk Brown found not guilty of obstruction and failure to obey, but guilty on interference, sentenced to 20 days jail, on appeal based in inconsistent verdict.

March 16
Mark Iannicelli arrested again distributing JN fliers #16GS003320. He’s detained and cited for harassment and violation of CJO-1. Released within hours, charges dropped are 3/18.

May 2
Verlo et al file motion to show cause why former Denver defendants should not be held in contempt of court for the March 16 arrest of Mark Iannicelli. Filing was delayed because city refused to produce discovery evidence. Plaintiffs had to file a CORA request to learn facts of Iannicelli’s arrest.

May 11
Deposition of Chief Justice Michael Martinez

May 31
Order received from Federal Judge William Martinez:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Per D.C.COLO.LCivR 7.1(d) and Federal Rule of Civil Procedure 6(d), the Denver Defendants’ deadline to respond was May 26, 2016. Denver filed nothing on that date, and has since filed nothing. Accordingly, the Court could deem the motion confessed. Solely in the interests of justice, however, Denver is ORDERED to file a response on or before June 3, 2016. No reply will be accepted without prior order or leave of Court. SO ORDERED by Judge William J. Martinez on 05/31/2016.

June 1
Motion to dismiss 8/28 chair arrest of Mark Iannicelli moves case to district court. Dismissal expected.

June 3
City responds to motion to show cause.

June 13
Fred Henrich 8/26 tent case dismissed.

June 20
Federal judge William Martinez responds:

ORDER: Before the Court is Plaintiffs’ Motion for Order to Show Cause Why Former Denver Defendants Should Not Be Held in Contempt of Court [108]. Given the nature of the alleged violation of this Court’s preliminary injunction, and given the lack of evidence that the alleged violation presents an ongoing problem, the Court sees no pressing reason to address potential contempt at this time. Plaintiffs are therefore DIRECTED to file a notice, no later than June 24, 2016, explaining why the Court should give priority to their motion. Otherwise, the Court intends to set this matter for a hearing immediately following the bench trial scheduled to begin on April 17, 2017 between Plaintiffs and the Second Judicial District. SO ORDERED by Judge William J. Martinez on 06/20/2016.

June 22
Jury trial for Eric Brandt’s 9/24 interference arrest results in hung jury. Retrial scheduled for 8/1 w Judge Faragher.

—-

NOTES:
A. List of 2015-16 plaza arrests (20) & citations (2)

No. Name: Date: Offense: Result:
1. Mark Iannicelli 7/27 (jury tampering) DISMISSED 12/16
2. Eric Brandt 7/27 (jury tampering) DISMISSED 12/16
3. William “Reno” Hall 8/26 TENT (obstr.) PLEA, prob., area restriction
4. Adrian “Monk” Brown 8/26 TENT (obstruction) NOT GUILTY obstruct & failure, GUILTY interference
5. Fred Hendrich 8/26 TENT (obstruction, interference, failure to obey) DISMISSED 6/13
6. Eric Verlo 8/26 TENT (obstruction, interference) GUILTY, 20 days jail, on appeal
7. Caryn Sodaro 8/28 (DOG citation) PLEA deal
8. Adrian “Monk” Brown 8/28 TENT (obstruction) NOT GUILTY 11/17
9. Eric Brandt 8/28 (failure to obey) ***trial 8/24
10. Michael Moore 9/13 (DOG citation) PLEA deal
11. Jose “Pedro” Trejo 9/16 (urinating in public) PLEA deal
12. Eric Brandt 9/18 TARP (obstruction) ***trial 8/29
13. Jay Maxwell 9/18 HANDCART (obstruction) PLEA deal
14. Adrian “Monk” Brown 9/18 A COOLER (obstr) DISMISSED 3/8
15. Tim Campbell 9/18 (assault/resisting) DROPPED
16. Mark Iannicelli 9/19 CHAIR (obstruction) to be dismissed
17. Matthew Lentz 9/24 (assault) DROPPED
18. Adrian “Monk” Brown 9/24 (assault) DROPPED
19. Eric Brandt 9/24 (interference) ***hung jury, retrial 8/1
20. Caryn Sodaro 10/6 (disturb, threats) PLEA deal, 150 days concurrent
21. Eric Brandt 10/21 WET PILE (obstruction) ***trial 9/7
22. Mark Iannicelli 3/16/2016 (harassment, violation of CJO-1) DISMISSED

B. Running tally:
Cases dropped or dismissed: 9
Not guilty verdict, obstruction: 2
Guilty verdict, interference: 1
Guilty verdict, obstruction & interference: 1
Plea deals: 6
Cases outstanding: 4

3. Trials still scheduled:
August 1, Eric Brandt (9/24 interloper interference), RETRIAL, LFC 3H
August 24, Eric Brandt (8/28 Lopez failure to obey), jury trial, LFC 3F
August 29, Eric Brandt (9/18 tarp obstruction), jury trial, LFC 3F
September 7, Eric Brandt (10/21 Tremont obstruct.), jury trial, LFC 3F
April 17-19, 2017, Verlo v Martinez, permanent injunction, Araj Federal Courthouse Rm A801

Joseph, Mary and Baby Jesus told to dismantle their tiny house or be cited under Denver’s Urban Camping Ban.

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NEWS FLASH! Denver’s Mayor Michael Hancock has ordered the Denver Police Department to arrest Baby Jesus for sleeping on the steps of the Civic Center, in defiance of Denver’s camping ban.

Denver jury finds camp protester NOT GUILTY of tent erection (obstruction).

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DENVER, COLORADO- Andrian “Monk” Brown was observed on HALO camera “erecting a tent” on the spot he’d been arrested two days before inside a similar tent. He was arrested escaping the scene of the crime and or walking his dog around the block. This week Monk was tried for obstruction, the deputy city attorney prosecuted the case herself but was unable to overcome the jury’s inclinations that the charges were “silly”. Monk’s defense attorney rested her case without presenting a thing. Essentially the closing argument was this: did a three-man tent obstruct anyone in a large public plaza? NOT GUILTY.

The jury had many questions of their own for the prosecution’s witness, District Two Commander Anthony Lopez. The judge allowed none of them. One of the questions asked “what was written on the tent?” In fact the tent was decorated with many slogans and constitued part of the political protest in front of Denver’s municipal courthouse.

The protest had been going for three days, twentyfour-seven. The protesters had won a federal injunction preventing the city from arresting them for the pretext of “jury tampering”. The protest was pushing up against the “urban camping ban” ordinance although the city refused to cite that infraction, instead confiscating the “encumbrances” of activists and charging them with obstruction.

Many “evictions” later, several activists are now burdened with cases of “obstruction” and Monk’s verdict offers hope that Denver juries will see through the city’s pretext.

An important lesson learned during Monk’s trial was the opportunity offered by the police arrest video. While issues of “jury nullification” or the camping ban or the right to assemble or the police state would be impossible to sneak past a city attorney’s objections, talking about them calmly over a megaphone during the police raid will give the jury a full uninterrupted twenty minutes of background context with which to reveal what “encumbrance” the city is really worried about.

Denver cops using urban camping ban to harass protest on free speech plaza

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DENVER, COLORADO- During their nightly raids of the protest encampment at the Lindsey Flanigan Courthouse, technically Tully Plaza, Denver police are citing the city’s “Urban Camping Ban” to rouse the activist and force them to collect their belongings in semblance of “moving along”. Plaza arrests have reached fourteen but have been for obstructing passageways with “encumbrances” because Denver has been avoiding bringing the camping ban charge down on anyone with the legal means to contest it. Denver is circumventing a federal injunction which protects the Occupy Denver activists from arrest for distributing “Jury Nullification” fliers in front of the courthouse, by finding the protest activities to violate other ordinances. Activists have relied on the injunction to protect all speech, thinking that the original injunction would be unconstitutional if it presumed to dictate the content allowed. The city’s latest ploy was not unexpected and shines a light on the selective enforcement of laws designed to oppress those inhabitants stuck on the streets, who don’t have an activist’s prerogative to move along.

On its 4th anniversary, Occupy Denver is beating up the Urban Camping Ban. #OWS #S17

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DENVER, COLORADO- At 1am last night, the Lindsey Flanigan Plaza Occupiers defended against their twelfth police raid in 30 days, this one a sweep of violations of the city’s “Urban Camping Ban”. After forcing individual sleepers to stand and feign gathering their things, the police officers left without confiscations, citations, or arrests. The supervising officer admitted that DPD orders are to disrupt the protest camp every night.

During the day, police enforce a statute 49-246 allowing the director of public works to designate “encumbrances” on the public right-of-way. Occupy is of course, by definition, an encumbrance. Officers make protesters fold up chairs and umbrellas and threaten to arrest anyone who puts them back up.

At night the DPD enforce an ordinance against sleeping in public. The officers make their presence felt, then take off. Meant to make the camping spot less hospitable, homeless participants see through the ruse and swiftly resume their slumber. With who-knows how many HALO cameras focused on us, the plaza is the safest bed in town.

The unintended consequence of the nightly raids is that campers oversleep. When the courthouse opens, the public streaming in gets a shocking view of what otherwise goes unseen: homeless sleepers on the concrete.

Clarence Darrow and Jury Nullification

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Clarence Darrow’s closing arguments in Leopold & Loeb resonates today in the Denver Urban Camping Ban and Jury Nullification Trials.
 
“You can trace it all down through the history of man. You can trace the burnings, the boilings, the drawings and quarterings, the hangings of people in England at the crossroads, carving them up and hanging them, as examples for all to see.”

Darrow continued:

“We can come down to the last century when nearly two hundred crimes were punishable by death, and by death in every form; not only hanging that was too humane, but burning, boiling, cutting into pieces, torturing in all conceivable forms.

I know that every step in the progress of humanity has been met and opposed by prosecutors, and many times by courts. I know that when poaching and petty larceny was punishable by death in England, juries refused to convict. They were too humane to obey the law; and judges refused to sentence. I know that when the delusion of witchcraft was spreading over Europe, claiming its victims by the millions, many a judge so shaped his cases that no crime of witchcraft could be punished in his court. I know that these trials were stopped in America because juries would no longer convict.

Gradually the laws have been changed and modified, and men look back with horror at the hangings and the killings of the past. What did they find in England? That as they got rid of these barbarous statutes, crimes decreased instead of increased; as the criminal law was modified and humanized, there was less crime instead of more. I will undertake to say, Your Honor, that you can scarcely find a single book written by a student, and I will include all the works on criminology of the past, that has not made the statement over and over again that as the penal code was made less terrible, crimes grew less frequent”.

Now in the year 2015, in Denver, Colorado we arrest a man for doing nothing more than informing the citizen of their rights, committing the crime of passing out a pamphlet explaining their rights as a juror. Mark Lanicelli was arrested and jailed for this crime.

The police arrest a man, woman or child, that have already suffered the humiliation of being homeless for the crime of falling asleep in public, something that every human must do. They call this law the “Camping Ban”. Along with being homeless, they are thrown into jail and given a criminal record.

The above two examples are crimes committed by the city of Denver against the citizens.

These crimes will end only when the people of Denver find their voice and say no to the prosecutors with Jury Nullification.

PHOTOS: Denver cops serve complaint against a six year old playing a bucket drum at Friday Tattered Cover protest.

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Weekly boycott of Tattered Cover Bookstore
DENVER, COLORADO- The weekly protest and homeless feeding in front of the LoDo Tattered Cover bookstore was interrupted on Friday night by the police, this time to serve a noise complaint against a six year-old who’d been beating on the bucket drums with his friends. The operation required two backup cruisers while six more laid in wait.

Weekly boycott of Tattered Cover Bookstore
The feeding began as it does every week. (Photos by David Anderson and Eric Verlo.)

Weekly boycott of Tattered Cover Bookstore
There was a kid’s picnic.

Weekly boycott of Tattered Cover Bookstore
Late arrivals noticed a buildup of police cruisers to the South.

Weekly boycott of Tattered Cover Bookstore
We stopped for a photo op with an array of cruisers waiting to the East as well.

Weekly boycott of Tattered Cover Bookstore
We hadn’t intended on drumming or chanting this week but by special request we brought three drums from the car for the amusement of the children.

Weekly boycott of Tattered Cover Bookstore
They played merrily until Officer Friendly rolled up.

Weekly boycott of Tattered Cover Bookstore

Weekly boycott of Tattered Cover Bookstore

Weekly boycott of Tattered Cover Bookstore

Weekly boycott of Tattered Cover Bookstore

Weekly boycott of Tattered Cover Bookstore
To quote David Anderson:

Denver police get tough with children; During a protest of the Denver Camping Ban, at the Tatter Cover Bookstore a police officer admonished a five year old boy. The officer explained to the little boy, that it was OK to protest but that he was not allowed to have any fun while doing it

Weekly boycott of Tattered Cover Bookstore

Weekly boycott of Tattered Cover Bookstore
Not only three cruisers but an undercover officer (in the grey t-shirt).

Weekly boycott of Tattered Cover Bookstore

The Denver Homeless Problem

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The Denver City Council believes that if you criminalize, arrest and jail this man we have solved the homeless problem. If you agree with the City Council go back to your TV and watch the latest episode of “Keeping up with the Kardashians”. But if you truly want to understand, and you want more information, then join activists with OCCUPY DENVER on Fridays. In doing that small act, you will meet the face of the homeless, you will be on the path of becoming a true compassionate human being. The photos below show feeding the homeless feeding at the Tattered Cover Bookstore in LoDo, every Friday at 5:30 pm.

Okay DPD, Occupy Denver sees your verdict and raises you one drummer

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DENVER, COLORADO- As Occupy Denver learned with the recent verdict, even one drummer performing an unwanted refrain can be considered loud and unusual enough to earn a complaint. With the Tattered Cover Five temporarily shell-shocked, reinforcements have arrived to bridge the gap, last weekend in the fearless personage of Colt Justice, who reports contrary to expectation, he was not arrested. Game on heartless Denver, lest Tattered Cover patrons and other Denverites ignoring the plight of the homeless fail to yield to the disturbing protestations of the Occupy homeless advocates.

Homeland Security gets in on the act, tells Occupy Denver noise complaint will trigger arrest

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DENVER, COLORADO- Fresh on the heels of their courtroom victory, Denver police tell protesters at the weekly Tattered Cover picket: “We’ve received a complaint. Stop using the bullhorn or you will be arrested.” This from the window of a Homeland Security vehicle!

On May 6th a jury upheld Denver’s Disturbing the Peace ordinance, giving officers the right to stop political speech if they had the pretext of an onlooker’s complaint that the noise is “loud and unusual”. In the case of the TATTERED COVER FIVE, the objectionable noise was that of bucket drums. Case law has already established that protest drumming is protected speech, but city attorneys argued that didn’t apply if the intent to make noise had nothing to do with the protest message. Though megaphones were cited as contributors to the noise, the city and its police officers were careful to warn the protesters that only the drums were the offending elements, presumedly because what came across over the megaphones was pretty obviously speech.

Denver Occupiers returned to the Friday protest with little trepidation because we didn’t have our drums. We conducted the 5:30pm homeless feeding, then led chants and distributed fliers as we have every week since January 2014. We were discussing perhaps using drums again, maybe beating them softy this time, when activist at the corner holding down the vocal outreach reported an alarming escalation.

At 7pm the protesters at the corner of Wynkoop and 16th were approached by a police vehicle. From a rolled-down window an officer told they had to stop. “We’ve received a complaint” was the introduction we’ve heard before. “Stop using the bullhorn or you will be arrested.”

Um. No?

It’s the slow creep we anticipated, though probably a swifter kick of the boot than we expected. Give the DPD an inch and they want to hang you with it.

Except this was no mere DPD cruiser. It was a police vehicle marked “Federal Protective Service” from the Department of “Homeland Security”. Purportedly enforcing a noise ordinance.

So what next? The course seems obvious but it means someone willing to risk arrest, someone ready with a camera to record official interactions, and others prepared to backup the videographer and act as legal observers. Should a simple protest aming to interact with the public require such an infrastructure of extra activists? When Occupy Denver undertook to boycott the offending businesses behind the Urban Camping Ban, it seemed commitment enough to feed the homeless, hold signs and print fliers. Now we have to consult attorneys and spring legal traps for the popo.

So who’s up to play bait?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mother Teresa was the Janet Matzen of Calcutta

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Occupy Denver: not as badass as they pretend to be

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tattered Cover boycott