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Accusations of Police Misconduct Documented in Lawyers' Report on Occupy Protests

By COLIN MOYNIHAN
[Image: 25-cityroom-ows-blog480.jpg]
Robert Stolarik for The New York Times
Police officers made arrests on Liberty Street near Zuccotti Park in Lower Manhattan in March during an Occupy Wall Street protest.

During Occupy Wall Street protests New York police officers obstructed news reporters and legal observers, conducted frequent surveillance, wrongly limited public gatherings and enforced arbitrary rules, a group of lawyers said in a lengthy report issued on Wednesday.The group, called the Protest and Assembly Rights Project, which included people involved with the law clinics at New York University School of Law and Fordham Law School, said that they had cataloged hundreds of instances of what they described as excessive force and other forms of police misconduct said to have taken place since September, when the Occupy Wall Street movement began.Although the report referred to some well-known events, including Deputy Inspector Anthony Bologna's use of pepper spray, it also detailed specific instances of alleged misconduct that had not appeared in news reports.For instance, the report described a cafe employee stepping out of his workplace on Sept. 24 and using a camera to document arrests near Union Square before being confronted by a senior officer. The report went on to state: "Video then shows the officer grabbing the employee by the wrist, and flipping him hard to the ground face-first, in what was described as a judo-flip.' The employee stated that he was subsequently charged with blocking traffic' and obstructing justice'."In a more recent episode, Sarah Knuckey, a law professor and one of the report's authors, said she witnessed a police commander grab a man who was complaining of an injured shoulder while being arrested during a student march on May 30. Ms. Knuckey said that the commander repeatedly shoved the man's shoulder while handcuffing him, then cursed and accused him of lying, when he shouted in pain. Shortly afterward, Ms. Knuckey said, emergency medical technicians determined that the man had a broken clavicle.The report complained that there had been "near-complete impunity for alleged abuses" and said that the conduct amounted to a "a complex mapping of protest suppression."There have been hundreds of gatherings and marches and more than 2,000 arrests in New York City since the Occupy protests began last fall. During that time, Ms. Knuckey said, many police officers had acted in an exemplary fashion. But, she added, multiple episodes of intimidation had created a pattern of disturbing and unlawful behavior.A police department spokesman did not immediately respond to a request for comment. The report's authors said that senior members of the police department cited continuing litigation in declining to talk with them.In May, an assistant deputy commissioner in the police department's legal bureau wrote to the authors, saying that the Police Department considered its actions lawful and added that the police "had accommodated on an almost daily basis since last fall numerous large groups of demonstrators and marchers, all with virtually no cooperation, notice or advance planning from Occupy Wall Street representatives."In addition to detailing 130 instances of what was described as excessive or unnecessary force, the report said that officers often stopped news reporters or legal monitors from witnessing such events.The report also describes instances in which the authors say officers have chilled First Amendment expression through near constant surveillance with video cameras and by sometimes questioning protesters about political activities. The report also described a common practice of preventing protesters from gathering in areas that are open to the public, like parks, plazas and sidewalks."Attempts by protesters to understand the basis for the closure, or obtain clear directions from the police are most often ignored or answered perfunctorily," the report stated. "Sometimes queries are answered with an arrest threat or an arrest."The authors called for the city to establish an inspector general to oversee the police department, a review of the city's response to the protests, the prosecution of officers found to have broken laws and the creation of new guidelines for policing protests. If the city did not respond, the authors said, they would ask the United States Department of Justice to investigate their complaints.



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The above report is just great! Download and read and weep!
Published on Saturday, July 28, 2012 by Common Dreams

People Power: Chinese Standing Up To Growing Pollution

Tens of thousands take to the streets

- Common Dreams staff


Thousands of Chinese protesting against pollution from a huge paper factory in eastern China have taken to the streets as rising public anger over environmental threats grows.

The protesters claimed victory Saturday as the Chinese officials canceled the industrial waste pipeline project after the demonstrators occupied a government office, destroyed computers, overturned cars and threw documents out the windows to loud cheers from the crowd.

The sewage pipe from the paper mill discharges in the port of Lusi, one of four fishing harbors in Qidong.

Later Saturday hundreds of police, some in riot gear, arrived in the coastal town just north of Shanghai and took up positions outside the government offices.

Protests against environmental degradation have increased in China, where three decades of rapid and unfettered industrial expansion have taken their toll.

The demonstrators had seized bottles of liquor and wine from the offices along with cartons of cigarettes, items that Chinese officials frequently receive as bribes in return for allowing polluting projects to be built.

Discharges were set to climb to 150,000 tons of sewage a day when the mill was fully operational, according to residents quoted on Friday by the state-run Global Times newspaper.

One protestor, who for safety reasons only gave her name as Qin said there were 50,000 demonstrators. A microblogger using the name Qidong Longhuisheng estimated the number at 100,000.

''There are people everywhere, on walls, cars, rooftops, in streets,'' another microblog user, writing under the name Jiaojiaotaotailang, said adding that ''the air is filled with the smell of alcohol, and there are sounds of breaking glass''.

Such protests "suggest that the middle class, whose members seemed willing to accept in the 1990s that being able to buy more things equaled having a better life, is now wondering whether one's quality of life has improved, if you have to worry about breathing the air, drinking the water, and whether the food you're eating is safe," Jeffrey Wasserstrom, of the University of California Irvine told Reuters.

Earlier this month, Shifang city in the southwestern province of Sichuan scrapped plans for a copper plant after thousands of protesters, including high school students, clashed with riot police.

http://www.commondreams.org/headline/2012/07/28
August 15, 2012

What the New York Times Missed

Oakland: Incubator for Meaningful Local Politics


by DARWIN BOND-GRAHAM
Oakland, California.

The New York Times Magazine's recent feature on Oakland "the last refuge of radical America" seemed to have one overriding purpose: to convince the rest of the nation that Oakland's uniquely strong social movements are a quirk with no relevance to the rest of America. Don't try this at home. Reporter Jonathan Mahler and his editor seemed to be operating under a directive to undermine any notion that the Occupy Movement's specific trajectory in this West Coast city can provide models for politics elsewhere.

Instead, Mahler and the Times depict a city paralyzed by dysfunctional politicians and activists, a sort of zoo in which the loony remainders of a broken American Left are allowed to play amidst the wreckage of a post-industrial economy. The Occupy Movement is caricatured as a brawling child interested only in irrational running street battles with the police. Gentrification, the further impoverishment of the city's working class, and displacement of its Black, Latino, and Asian communities is inevitable, we are told. Get used to it.

Locally Mahler's article has been given the birdcage treatment. It's such an obviously sloppy and uninformed rant to most of us who live in Oakland or who have carefully studied the region's politics. The downside is that because it was printed in the Times' Magazine, the glossy paper doesn't work well even for cleaning up pet waste. The other downside, the serious one, is that the Times' coverage may have been somewhat effective in its political purpose on the national level. Many readers unfamiliar with Oakland or the Bay Area have probably accepted the narrative about kooky radicals and the city they're tearing apart from the inside even as capital radically transforms parts of it into a bobo paradise.

Davey D, an Oakland-based journalist and deeply informed commentator on the city's political scene penned an excellent response to Mahler's article just days after its publication.

According to Davey D, the New York Times article, "in no way describes what people are all about here in Oakland. It diminishes the true grind that organizers put in day-in and day-out to improve their community and better this city. Those who take direct action in the face of oppression do so because they have little or no choice. It's not something to be romanticized, it's not a game, even if this writer came across a few individuals who thought it was."

Davey D goes on to describe the big omission from Mahler's piece, the lack of any information or analysis about the major preexisting social movement in Oakland through which Occupy and any current political mobilizations must be understood: the Oscar Grant Rebellion. It's an almost criminal omission from the Times' feature coverage of Oakland because without understanding the conflict between Oakland's flatland communities and the police department, and how the Oakland Police Department is at the center of virtually every problem the city confronts, from debt to economic under-development, one simply can't make sense of the what's going on here.

So Mahler and the Times, in their laziness, their cynicism, or perhaps it was a malevolent desire to slander genuinely radical political struggles, took the easy route, and wrote a fantasy story designed to lead readers to one conclusion: Oakland is a place where crazy people with quaint 20th Century ideologies do things that have no meaning or application to politics elsewhere. Neoliberal urban transformation is unstoppable.

Another informed and responsible writer based in the East Bay, Alex Schafran, responded to Mahler's article by calling it a "hit piece," as in an assassination attempt. "Mahler is profoundly uninterested in understanding Oakland, or even in truly understanding his surface goal, which is to explain the vitality of Occupy and various forms of radical' street protest in Oakland," writes Schafran. "Mahler, like far too many people who write about cities, is simply using Oakland to make a broader argument about politics and society." "Mahler sees those who would dream of a more equal city as fools," concludes Schafran about the Times' coverage.

Back in October of last year my impression of Occupy Oakland was that while it was certainly a local manifestation of the Occupy Wall Street movement and was running with some of its slogans and energy, Oaklanders had dispensed with distant targets like Wall Street and Washington from the very start, focusing instead on the problems it could actually address. As I reported for CounterPunch then: "from the very beginning Occupy Oakland took a radical stance and localized the terms of struggle. At the first rally cries of fuck the police' peppered comments equally critical of local government and powerful Bay Area corporations which have pressed harmful budget cuts upon Oaklanders".

Occupy Oakland was never about the boring liberal politics of advocating for change from the federal government or other distant forces that could only be appealed to with signs and slogans and moral suasion. For those who have taken part in it, Oakland's most recent wave of protests was always about taking direct action to confront the immediate and real problems Oaklanders are facing, not just because of the financial crisis, but because of decades of disinvestment, police militarization, and austerity measures imposed by local politicians. Oaklanders were contesting the shut down schools, shuttered libraries, derelict parks, and the policies that have left much of the city in a state of disrepair.

This week a group of activist reopened a former library in a flatlands neighborhood off International Boulevard in Oakland's sprawling east, in just another local direct action that will otherwise escape national attention. Naming it the "Victor Martinez People's Library," the building's new tenants quickly cleaned graffiti from the walls and removed piles of garbage that had accumulated on the site after years of illegal dumping on the derelict city property.

The activists, who didn't say they were part of Occupy Oakland, although some familiar faces were peppered amongst the group, released a statement:
"If you live in this community, we only ask that you think about how you can use this building. Name it anything you like. Purpose it to any goal that benefits the communitylibrary, social or political neighborhood center. The grounds can even be used for a community garden, where we can grow healthy food in a food desert neighborhood. All we ask is that you keep it out of the hands of a city which will only seal the fence and doors again, turning the space back into an aggregator of the city's trash and a dark hole in the middle of an embattled community. The doors here are opened. And there are many other simply waiting to be."

By 5pm the new Victor Martinez Library was bustling with dozens of people, many of them young activists, the sorts derided by the New York Times for their idealism and dreams of a more equitable city. Handfuls of neighbors trickled in and out of the building curiously looking over the scene, chatting with the library's liberators who were busying themselves with sweeping and other chores. Children from nearby houses ran in and out of the library and its yard. A mother and her two daughters who lived in a house nearby shyly told me they'd like to see the reopened library become a place for children to safely gather and play. There is no park or playground close by; the neighborhood around Miller Avenue and International instead is dotted with auto shops, industrial supply warehouses, apartment buildings, and dangerously busy streets.

A man standing out front is busy giving an impromptu lecture about the building's history. "During the Chicano movement in the early 1970s this was closed as a library, so the community took it over and turned it into a school," said Jose Rivera, a Richmond resident who grew up in the neighborhood. "Between roughly 1973 and 1988 or 89 this was one of the community schools, Emiliano Zapata Street Acadamy, that was created by the movement to educate our youth. People know all about the history of the Black Panthers and the anti-war movement in Oakland, but there was also a powerful Chicano movement that made changes here."

Rivera, a scholar of the Chicano movement in Oakland, is carrying copies of articles, maps, and other documents he's researched that provide some insights into the neighborhood's past, and specifically the old library's role in previous social movements. A San Francisco Examiner article from May 12, 1982 he hands me describes the Street Academy as "an experimental school," and the direct product of the Chicano movement's direct action-oriented politics.

Classes discussed current events affecting their communities and made studies relevant to the troubles confronting youth.
"In a basement one recent day civics teacher Bernard Stringer led a spirited discussion on the Immigration and Naturalization Service," reads the Examiner piece.
"What did the INS do this week?' Stringer asked, his voice booming out at his nine eager students."
"They were swooping down,' said one of his students referring to the recent INS roundup of [undocumented immigrants].'"
"What were they swooping down for?' asked Stringer."
"Because people had jobs but they didn't have their green cards,' the students replied."

Countering recent ICE raids against workers in Berkeley, and raids targeting the Mexican and Central American communities of East Oakland has been a major focus of activists in the Bay Area, just another important part of Oakland's current politics that was omitted from the recent Times' coverage.

When the Emiliano Zapata Street Acadamy moved away to its current location, the building at 1449 Miller Street was more or less abandoned by the city. It had successfully incubated a community school that still exists, but the 1990s and 2000s was a decade in which the old Carnegie Library sat mostly empty, its façade falling apart, and the grounds around it accumulating trash.

To an outsider unfamiliar with Oakland's history the building's newest incarnation as the Victor Martinez People's Library could seem like just another direct action carried out by Occupy Movement activists, but couched in Oakland's long and productive history of social movements it's obviously something more. There's continuity in the struggle to save and reopen libraries as a means of improving neighborhoods and empowering communities.

Upon leaving the library last night I approached three young men standing on the corner across from the scene who were passing a blunt around and surveying the scene. "How long do you think this will last?" I asked them.

"I hope it last forever," said one of them with an earnestness that surprised me. "We need a library in this neighborhood. The closest one is way out in Fruitvale, the Cesar Chavez branch, or else you have to go all the way downtown."

Another one of the youngsters said with equal seriousness, "a book can save a life."
"So you guys think this can succeed, the community will use it?"
They nodded their heads affirmatively and pointed at a little boy rolling past the new library on his scooter.

"The city spends all their money on cops and they don't have any left over to run things like this," one of them said.

It was an observation also noted by one of the activists earlier in the day. "Larry Reid, chair of the council said he'd rather have cut libraries and other services two years ago, rather than lay off police officers," said the organizer in front of the new library.

Indeed, Reid told the San Francisco Chronicle recently that he and his fellow city councilors "could have made cuts in other areas without laying off 80 police officers," but concluded that "the political will was not there".

Just before midnight last evening the Oakland police swooped in. Evicting the activists the cops boarded up the Victor Martinez People's Library. In less than 24 hours this place has been transformed from an abandoned Carnegie library into a busy community center, and back into a "dark hole in the middle of an embattled community."

But in taking it over, even if it was a brief occupation, the building has been transformed into a potent symbol of political conflict and priorities, stemming back to the Chicano movement's efforts to create a more just and equitable city, revived by a current crop of activists.

Darwin Bond-Graham
is a sociologist and author who lives and works in Oakland, CA. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, forthcoming from AK Press

http://www.counterpunch.org/2012/08/15/o...-politics/
Like the Police and firemen in 1984, they destroy books and knowledge with glee - it has come to pass!
Occupier charged with terroristic felony for protesting in front of bank

RT.com
August 9 , 2012

A protester belonging to an Occupy Wall Street group in rural Pennsylvania is being charged with felony attempted bank robbery and a terrorism-related charge for holding signs up during a demonstration at a local Wells Fargo branch.

David C. Gorczynski, 22, was charged on Tuesday with attempted bank robbery and terroristic threatening, both felonies, as well as one misdemeanor charge of disorderly conduct. Police detained him after he walked into an Easton, PA Wells Fargo branch with a sign that read "You're being robbed" and another that said "Give a man a gun, he can rob a bank. Give a man a bank, and he can rob a country."

Gorczynski was at the Wells Fargo bank as part of a demonstration led by Occupy Easton, the small Pennsylvania town's OWS offshoot.

Easton is located around 60 miles outside of Philadelphia and has a population of only 26,800 according to the 2010 census. The Express-Times reports that police were alerted to the branch after a bank teller hit an alarm that alerted the authorities.

"I think our guys did what they had to do in this instance," Easton police Chief Carl Scalzo tells the paper. "At the end of the day, if we get a report of a panic alarm at a bank, we're going to respond accordingly."

Chief Scalzo adds that Gorczynski's First Amendment right to protest freely can't trump any allegations that he may have been behind something more sinister.

"We can't allow the perceived idea of protesting to be a defense to criminality," Scalzo says in response to reports that the suspect was simply demonstrating Wall Street corruption. "People have to understand if they want to protest, there's a line."

Mary Catherine Roper of the American Civil Liberties Union tells the paper that the charges seem "overzealous . . . especially given the clear political nature of the statements."

Northampton County District Attorney John Morganelli tells The Express-Times, "I'm very on top of this" and claims he is investigating whether or not the charges were justified.

"He is not the criminal. If the police were truly there to protect and serve the taxpayers, the banksters would be arrested and this man would be called a hero," the Occupy Easton group responds on Facebook.

Gorczynski was released on $10,000 bond after a defense and bail fund established online helped bring in enough money to buy his freedom after his arrest.
Reuters
12:46 p.m. CDT, August 21, 2012

NEW YORK (Reuters) - An Occupy Wall Street protester who took part in a mass protest in New York last year is accusing a judge of overstepping his authority by ordering Twitter to hand over the demonstrator's tweets and account information to prosecutors.

Malcolm Harris, a Brooklyn-based writer, filed a civil proceeding on Monday seeking to block the judge's ruling.

Harris was arrested during a protest on the Brooklyn Bridge last October and charged with disorderly conduct in a case that is one of a handful in which authorities have sought to use social media to prosecute defendants.

Criminal Court Judge Matthew Sciarrino has rebuffed separate attempts by Harris and Twitter to quash a subpoena served on the company by the Manhattan district attorney's office seeking Harris' tweets for September to December.

Harris claims the information sought by prosecutors is akin to surveillance records, because computer logs will show his location when he connected to the site.

"In this case, anyone reviewing the information and material Twitter has been ordered to turn over will know each time - between September 15 and December 30, 2011 - Harris logged into his Twitter account, where he was when he logged in, how long he remained there and both what he did and who he communicated with while he was logged in," Harris' lawyers wrote in a memorandum accompanying the petition.

Prosecutors from the Manhattan district attorney's office have said in court papers that Harris' tweets could demonstrate he knew police had ordered protesters not to walk onto the bridge roadway.

Harris' lawyer, Martin Stolar of the National Lawyers Guild, and other lawyers for the arrested protesters have said police appeared to lead the march onto the roadway before suddenly arresting hundreds of them.

Sciarrino ruled in April that Harris did not have the standing to challenge the subpoena, since Twitter owned his tweets. In June, he rejected Twitter's argument that turning over the tweets violated Harris' privacy and free speech rights, saying the tweets were publicly posted without any expectation of privacy.

Twitter has filed a separate notice of appeal, though it has not yet submitted its formal brief.

Criminal defendants typically are required to wait until the end of criminal proceedings before filing appeals. But Stolar said Sciarrino's ruling threatened Harris' privacy and required an immediate response.

Harris' filing also seeks an order requiring Sciarrino to recognize his standing to challenge the subpoena on free speech grounds and the Fourth Amendment's protection against warrantless searches.

The Manhattan district attorney's office declined to comment on the filing.
Published on Monday, September 10, 2012 by The Nation

S17: Occupy Wall Street Plans Anniversary Protest of Wall Street

by Allison Kilkenny

Occupy Wall Street, one of the largest grassroots mass movements in U.S. history, celebrates its one year anniversary next week on September 17, and the group has planned not only a day of protest and direct action, but also weekend workshops in which protesters will bring awareness to ongoing projects, and lay out Occupy's vision for what will happen Sept 18 and beyond. The week leading up to Occupy's anniversary will include training in direct action, reflection on the past year of popular resistance, and ultimately the Sept. 17 action on Wall Street.

Washington Square Park on Sept. 15 will be a site of convergence, for gathering and information sharing under the banner of "Education for Liberation," according to Nina Mehta, an Occupy organizer who has been working the convergence spaces around S17.

"We've mostly been building a framework with some structure and scheduling, and open space for participation around education, solutions, movement and coalition building," says Mehta.
The following day, Occupy has planned a celebration in Foley Square, which Mehta says will be similar to S16, complete with an "area for tabling, information, and Open Space, for participants to sign up and plan things to share," and later in the afternoon the "99 Revolutions" concert, featuring Tom Morello and Jello Biafra.

For about six weeks, activists have been meeting inside an office on 23rd street to plan the logistics of the movement's commemoration, and the debate sometimes became heated, particularly when it came to specific tactics that will be implemented on Monday.

The direct action part of the day includes the "People's Wall," which will be centralized on Wall Street, or as near as the activists can get (when I attended a meeting, Occupy activists discussed the possibility that most of Wall Street will be closed off by the police), with other actions "pinwheeling" out from the heart of the protest. The idea is to coordinate a highly organized, peaceful piece of civil disobedience while providing space for independent "affinity groups" to do more creative actions.

This is the balance Occupy has always struggled to find: organizers want to create both structure and facilitate space to allow for more radical actions. Heavy emphasis has been placed on the "non-threatening," "peaceful," and "civil disobedience" aspects of the anniversary, however, the underscoring of which has frustrated some of the more radical members of the movement.

While organizers hesitate to make turnout predictions, they do expect Occupy activists from all over the country to converge on Wall Street come Monday. For example, OWS is expecting around 250 people from Occupy Philadelphia to attend the action.
Organizers hope the anniversary will serve as a refresher to people, and remind them of the importance of addressing Wall Street's influence on politics.

"By having a clear demand for money out of politics, it just lays it down very clearly that this system is broken, that no matter whether Obama or Romney gets more or less funding is not the point. It's that Wall Street has massive control over the election itself. It doesn't matter which way Wall Street picks," says Andrew Smith, an organizer.

"The action on September 17th is deeply tied to the election in a lot of ways because the complete nature of our democracy is bought and sold," says Smith.

"I'm not particularly motivated by anniversaries," says Mehta, "but I think it's important to gather, and bring people together on this weekend, and on dates to come, to do what we've been doing for the year…expressing our discontent, learning, teaching, and caring for each other."

"Sure, I want tens of thousands of people to gather for the assemblies, for performance, to circulate around and sit in intersections in the financial district, blocking business as usual, but I'll be happy if this is done, and keeps being done by people, as many or few as are willing and wanting, as we build a movement over time."

© 2012 The Nation

http://www.commondreams.org/view/2012/09/10-7

From the comments section:

occupy, PLEASE try to enter the NYSE and occupy the center of capitalist culture in the USA.
for those interested in tactics, as the anti-capitalist (anti 1%) campaign continues, check out the livestream of a debate b/w chris hedges and the collective crimethinc. on this weds. sept 12, 2012.

Violence and Legitimacy in the Occupy Movement and Beyond:

A Debate between Chris Hedges and the CrimethInc. Ex-Workers Collective on Tactics & Strategy, Reform & Revolution
Wednesday, September 12, 2012, 7:00 pm
[URL="http://www.crimethinc.com/blog/2012/08/16/crimethinc-to-debate-chris-hedges-in-nyc/"]
http://www.crimethinc.com/blog...[/URL]
in solidarity w/...
...peace...
Starting Shortly;

Violence and Legitimacy in the Occupy Movement and Beyond:

A Debate between Chris Hedges and the CrimethInc. Ex-Workers Collective on Tactics & Strategy, Reform & Revolution

http://www.crimethinc.com/livestream
Published on Monday, September 17, 2012 by Common Dreams

#S17 Commemorates First Anniversary of Occupy Wall Street Movement


- Common Dreams staff

Taking advantage of the one year anniversary of the birth of the Occupy Wall Street movement in lower Manhattan, economic justice advocates take to the streets today under the banner of #S17.

Livestream NOW at link below:

http://www.commondreams.org/headline/2012/09/17-1