"Unlawful Assembly at Protest: Legal Info (Failure to disperse)"
by Sue Basko, 2011-12-03:
Unlawful assembly laws differ state to state, but most of them follow the same thread. An assembly is a group of people who gather for some purpose or activity. If that activity is illegal, it is an unlawful assembly. If the activity is legal, but turns unlawful or looks as if it might, it can be declared an unlawful assembly.
California Penal Code Section 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
“Boisterous or tumultuous” means “conduct that poses a clear and present danger of imminent violence” or when the crowd is gathered to do an unlawful act.
DISPERSAL ORDER.
Please read these rules below, which are taken directly from the Oakland Police Department Crowd Control and Crowd Management Policy, a golden bit of information that any protester should download and read. Please read the script that the police use to declare an unlawful assembly and issue an order to disperse. It is the same announcement as that used last night by the LAPD.
If you are ever at a protest where such an order is issued, pay special attention to how you are supposed to exit, and allow others to exit and not be kettled up. Last night, a lot of people were trapped and unable to move away because they had a police riot line a few inches in front of them and a densely packed group of people behind them. The people behind, many of whom were reporters or photographers, were pushing forward to see what was happening, which, as already explained, was a funny man riding a bicycle.
From: Oakland Police Department Crowd Control and Crowd Management Policy (I strongly recommend that you download and read this Oakland policy, no matter where you are. )
F. When an Unlawful Assembly May Be Declared
1. The definition of an unlawful assembly has been set forth in Penal Code Section 407 and interpreted by court decisions. The terms, “boisterous” and “tumultuous,” as written in Penal Code Section 407, have been interpreted as “conduct that poses a clear and present danger of imminent violence” or when the demonstration or crowd event is for the purpose of committing a criminal act.
The police may not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose a clear and present danger of imminent violence.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence.
3. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful.
4. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques shall not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease and the First Amendment activity can continue.
5. If after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly and the required official declaration has been adequately given.
G. Declaration of Unlawful Assembly
1. When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest.
Crowd dispersal techniques shall not be initiated until OPD has made repeated announcements to the crowd, asking members of the crowd to voluntarily disperse and informing them that, if they do not disperse, they will be subject to arrest.
These announcements must be made using adequate sound amplification equipment in a
manner that will ensure that they are audible over a sufficient area. Announcements must be made from different locations when the demonstration is large and noisy. The dispersal orders should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area.
The announcements shall also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes shall be identified and announced.
It is the responsibility of the on-scene OPD commanders to ensure that all such announcements are made in such a way that they are clearly audible to the crowd.
2. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with police commands before action is taken.
3. Dispersal orders should be given in English and in other languages that are appropriate for the audience.
4. The Incident Commander should ensure that the name of the individual making the dispersal order and the date/time each order was given is recorded.
5. Dispersal orders should not be given until officers are in position to support/direct crowd movement.
6. Personnel shall use the following Departmental dispersal order:
I am (rank/name), a peace officer for the City of Oakland. I hereby declare this to be an
unlawful assembly, and in the name of the people of the State of California, command all
those assembled at _____________ to immediately leave. If you do not do so, you may be arrested or subject to other police action, including the use of force which may result in serious injury. Section 409 of the Penal Code prohibits remaining present at an unlawful assembly. If you remain in the area just described, regardless of your purpose, you will be in violation of Section 409. The following routes of dispersal are available (routes). You have _______ minutes to leave. If you refuse to move, you will be arrested. *If you refuse to move, chemical agents will be used. (Provide the chemical warning only if use is anticipated).
7. When a command decision is made to employ crowd dispersal techniques, attempts to obtain voluntary compliance through announcements and attempts to obtain cooperation through negotiation shall both be continued. At any point at which a crowd is dispersing, whether as a reaction to police dispersal techniques, through voluntary compliance, or as a result of discussion or negotiation with crowd leaders, OPD dispersal techniques shall be suspended and the crowd shall be allowed to disperse voluntarily. This directive does not preclude a command decision by OPD to reinstate dispersal techniques if crowd compliance ceases.
* * * * * * *
TO SUM UP:
What happens:
1) an unlawful assembly is declared.
2) an order to disperse is announced according to above script.
3) you have to leave or face arrest;
4) you have to leave by the route they are telling you. It is most likely going to be hard to hear that or understand that.
5) It is possible that kettling may take place. This is very dangerous and do whatever you can to avoid situations where the police are kettling.
Saturday, December 3, 2011
Friday, December 2, 2011
Suppression of Occupy LA!
"Unlawful Assembly at Protest: Legal Info (Failure to disperse)"
by Sue Basko
UPDATES WEDNESDAY NOVEMBER 30/ - DEC. 2, 2011: Police raided Occupy L.A. just after midnight this morning (November 30, 2011). Many people had been saying for days prior that the eviction was scheduled to allow Sean Penn and Ryan Gosling to shoot a movie on the City Hall site. There has been credible evidence for days to think this is likely.
The raid on Occupy L.A. was horrifying. An unlawful assembly was declared and people were given 10 minutes to clear the area. This announcement followed the script that is given below. The announcement was made several times by an officer walking around in the crowd with a megaphone, and was repeated in several languages. People in the camp were given ample opportunity to leave and not be arrested. Those who stayed were opting to be arrested for their political purposes.
However, people who were trying to leave the area after the dispersal order, and after a second dispersal order was given several blocks away later in the night, were kettled, beaten, and arrested. People are reporting that many protesters were chased down and arrested as they attempted to leave the perimeter area. Photos and videos are emerging, taken after people have been released from jail today (Dec. 2) showing serious injuries to hands and arms.
All of the arrestees thus far that I have seen interviewed have complained of being driven around for hours, not being allowed to use the bathroom, that people had zip-ties on much too tight, that people were denied medical care and medicines, that people were not given water for many hours or at all, that some people were not allowed to make phone calls, that some people were not allowed to see their lawyers, that most of the prisoners were fed little (such as two meals in 3 days), that officers denied them the right to use a toilet and so people had to urinate in their clothing and then had officers mocking them, that several women were placed in isolation for no valid reason, and that dangerous medical conditions were ignored and untreated, and other things.
Monday November 28, 2011: Last night at Occupy L.A., a police officer declared an unlawful assembly at First and Main Streets and issued an order to disperse. What this means is that there were people in the intersection, they would not get out after being asked nicely repeatedly, and so an unlawful assembly was declared so anyone in the intersection could be arrested. Keep in mind that the police had closed off the streets, so walkers felt comfortable using the space.
After the dispersal order, the only ones left in the street were lines of police in riot gear, and a funny man named Juan riding a bicycle back and forth wearing some kind of big headdress made of palm tree husks. That’s L.A.! There was also a man who had climbed high onto a light pole, with an Anonymous mask on the back of his head, shouting through a megaphone. The crowd was comprised of many media people with cameras, some protesters, and at least one very ardent provocateur woman.
Unlawful assembly laws differ state to state, but most of them follow the same thread. An assembly is a group of people who gather for some purpose or activity. If that activity is illegal, it is an unlawful assembly. If the activity is legal, but turns unlawful or looks as if it might, it can be declared an unlawful assembly.
Let’s look at the California law: California Penal Code Section 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
“Boisterous or tumultuous” means “conduct that poses a clear and present danger of imminent violence” or when the crowd is gathered to do an unlawful act.
For example, last night at First and Main, there probably was not any danger of imminent violence, although the mix of people in the group was definitely a tinderbox and anything could have happened. Even if not likely to be imminently violent, the crowd was gathered for an unlawful act, namely, to stand in the street. Note that the street was closed off by police, so there was no vehicle traffic. The police did not declare an unlawful assembly until about 4:40 am, in anticipation that soon cars would be driving downtown with people going to work.
First and Main is near the downtown Skid Row area, where many severely mentally ill people and drug addicts reside. The street protest seemed to be a mix of many media reporters, out-of-towners in to show support for Occupy L.A., and a collection of Skid Row street people. In addition to this, there were several members of the crowd who seemed to be agents provocateurs or highly irrational or unpredictable.
One scowling woman with dirty blonde hair kept arguing with everyone and trying to provoke violence. There were hints that she was a paid provocateur, because at one point she was arguing that the police should evict the camp since they announced they were going to. She seemed disappointed that the raid had not gone down at the stated deadline hour. (As of December 3, she is now seen at the GAs.)
A group was chanting about taking the street. Some whackos were making chalk drawings at the feet of the police. (I thought: They probably think of themselves as "peaceful," when in fact, they were so disrespectful.) Meanwhile, an intense man seemed to be hallucinating and kept screaming at the police that they were the Syrian army. He was really scary. In short, it was time to get these people off the streets and up onto the sidewalk. Once the order was issued, a man, who had previously been ranting and saying he was Jesus Christ, lay down on the street in a crucifixion position, but was finally coaxed up by a friendly man.
The only actual LA Occupiers I saw in this crowd were the ones that came out to ask the people to please leave the street and go back to the park. Sadly, the worldwide media may present Occupy L.A. as this mélange of troubled people out in the street.
DISPERSAL ORDER. Last night, the LAPD made a loud announcement giving a declaration of an unlawful assembly and an order to disperse. After the order was given, anyone stepping into the street, even those legitimately using the crosswalk to cross, was subject to arrest. The police had to announce several times that this applied to the media people as well. After the order, the only non-police person left in the street was the kooky man on the bicycle doing a parade style ride back and forth. He provided much laughter, until a half hour later, when finally, a police officer on a motorcycle yelled at him to get up on the sidewalk. The poor guy jumped as if he had been merrily in his own world the whole time.
Please read these rules below, which are taken directly from the Oakland Police Department Crowd Control and Crowd Management Policy, a golden bit of information that any protester should download and read. Please read the script that the police use to declare an unlawful assembly and issue an order to disperse. It is the same announcement as that used last night by the LAPD.
If you are ever at a protest where such an order is issued, pay special attention to how you are supposed to exit, and allow others to exit and not be kettled up. Last night, a lot of people were trapped and unable to move away because they had a police riot line a few inches in front of them and a densely packed group of people behind them. The people behind, many of whom were reporters or photographers, were pushing forward to see what was happening, which, as already explained, was a funny man riding a bicycle.
From: Oakland Police Department Crowd Control and Crowd Management Policy (I strongly recommend that you download and read this Oakland policy, no matter where you are. )
F. When an Unlawful Assembly May Be Declared
1. The definition of an unlawful assembly has been set forth in Penal Code Section 407 and interpreted by court decisions. The terms, “boisterous” and “tumultuous,” as written in Penal Code Section 407, have been interpreted as “conduct that poses a clear and present danger of imminent violence” or when the demonstration or crowd event is for the purpose of committing a criminal act.
The police may not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose a clear and present danger of imminent violence.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence.
3. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful.
4. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques shall not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease and the First Amendment activity can continue.
5. If after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly and the required official declaration has been adequately given.
G. Declaration of Unlawful Assembly
1. When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest.
Crowd dispersal techniques shall not be initiated until OPD has made repeated announcements to the crowd, asking members of the crowd to voluntarily disperse and informing them that, if they do not disperse, they will be subject to arrest.
These announcements must be made using adequate sound amplification equipment in a manner that will ensure that they are audible over a sufficient area. Announcements must be made from different locations when the demonstration is large and noisy. The dispersal orders should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area.
The announcements shall also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes shall be identified and announced.
It is the responsibility of the on-scene OPD commanders to ensure that all such announcements are made in such a way that they are clearly audible to the crowd.
2. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with police commands before action is taken.
3. Dispersal orders should be given in English and in other languages that are appropriate for the audience.
4. The Incident Commander should ensure that the name of the individual making the dispersal order and the date/time each order was given is recorded.
5. Dispersal orders should not be given until officers are in position to support/direct crowd movement.
6. Personnel shall use the following Departmental dispersal order:
I am (rank/name), a peace officer for the City of Oakland. I hereby declare this to be an
unlawful assembly, and in the name of the people of the State of California, command all
those assembled at _____________ to immediately leave. If you do not do so, you may be arrested or subject to other police action, including the use of force which may result in serious injury. Section 409 of the Penal Code prohibits remaining present at an unlawful assembly. If you remain in the area just described, regardless of your purpose, you will be in violation of Section 409. The following routes of dispersal are available (routes). You have _______ minutes to leave. If you refuse to move, you will be arrested. *If you refuse to move, chemical agents will be used. (Provide the chemical warning only if use is anticipated).
7. When a command decision is made to employ crowd dispersal techniques, attempts to obtain voluntary compliance through announcements and attempts to obtain cooperation through negotiation shall both be continued. At any point at which a crowd is dispersing, whether as a reaction to police dispersal techniques, through voluntary compliance, or as a result of discussion or negotiation with crowd leaders, OPD dispersal techniques shall be suspended and the crowd shall be allowed to disperse voluntarily. This directive does not preclude a command decision by OPD to reinstate dispersal techniques if crowd compliance ceases.
* * * * * * *
TO SUM UP:
What happens:
1) an unlawful assembly is declared.
2) an order to disperse is announced according to above script.
3) you have to leave or face arrest;
4) you have to leave by the route they are telling you. It is most likely going to be hard to hear that or understand that.
5) It is possible that kettling may take place. This is very dangerous and do whatever you can to avoid situations where the police are kettling.
by Sue Basko
UPDATES WEDNESDAY NOVEMBER 30/ - DEC. 2, 2011: Police raided Occupy L.A. just after midnight this morning (November 30, 2011). Many people had been saying for days prior that the eviction was scheduled to allow Sean Penn and Ryan Gosling to shoot a movie on the City Hall site. There has been credible evidence for days to think this is likely.
The raid on Occupy L.A. was horrifying. An unlawful assembly was declared and people were given 10 minutes to clear the area. This announcement followed the script that is given below. The announcement was made several times by an officer walking around in the crowd with a megaphone, and was repeated in several languages. People in the camp were given ample opportunity to leave and not be arrested. Those who stayed were opting to be arrested for their political purposes.
However, people who were trying to leave the area after the dispersal order, and after a second dispersal order was given several blocks away later in the night, were kettled, beaten, and arrested. People are reporting that many protesters were chased down and arrested as they attempted to leave the perimeter area. Photos and videos are emerging, taken after people have been released from jail today (Dec. 2) showing serious injuries to hands and arms.
All of the arrestees thus far that I have seen interviewed have complained of being driven around for hours, not being allowed to use the bathroom, that people had zip-ties on much too tight, that people were denied medical care and medicines, that people were not given water for many hours or at all, that some people were not allowed to make phone calls, that some people were not allowed to see their lawyers, that most of the prisoners were fed little (such as two meals in 3 days), that officers denied them the right to use a toilet and so people had to urinate in their clothing and then had officers mocking them, that several women were placed in isolation for no valid reason, and that dangerous medical conditions were ignored and untreated, and other things.
Monday November 28, 2011: Last night at Occupy L.A., a police officer declared an unlawful assembly at First and Main Streets and issued an order to disperse. What this means is that there were people in the intersection, they would not get out after being asked nicely repeatedly, and so an unlawful assembly was declared so anyone in the intersection could be arrested. Keep in mind that the police had closed off the streets, so walkers felt comfortable using the space.
After the dispersal order, the only ones left in the street were lines of police in riot gear, and a funny man named Juan riding a bicycle back and forth wearing some kind of big headdress made of palm tree husks. That’s L.A.! There was also a man who had climbed high onto a light pole, with an Anonymous mask on the back of his head, shouting through a megaphone. The crowd was comprised of many media people with cameras, some protesters, and at least one very ardent provocateur woman.
Unlawful assembly laws differ state to state, but most of them follow the same thread. An assembly is a group of people who gather for some purpose or activity. If that activity is illegal, it is an unlawful assembly. If the activity is legal, but turns unlawful or looks as if it might, it can be declared an unlawful assembly.
Let’s look at the California law: California Penal Code Section 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
“Boisterous or tumultuous” means “conduct that poses a clear and present danger of imminent violence” or when the crowd is gathered to do an unlawful act.
For example, last night at First and Main, there probably was not any danger of imminent violence, although the mix of people in the group was definitely a tinderbox and anything could have happened. Even if not likely to be imminently violent, the crowd was gathered for an unlawful act, namely, to stand in the street. Note that the street was closed off by police, so there was no vehicle traffic. The police did not declare an unlawful assembly until about 4:40 am, in anticipation that soon cars would be driving downtown with people going to work.
First and Main is near the downtown Skid Row area, where many severely mentally ill people and drug addicts reside. The street protest seemed to be a mix of many media reporters, out-of-towners in to show support for Occupy L.A., and a collection of Skid Row street people. In addition to this, there were several members of the crowd who seemed to be agents provocateurs or highly irrational or unpredictable.
One scowling woman with dirty blonde hair kept arguing with everyone and trying to provoke violence. There were hints that she was a paid provocateur, because at one point she was arguing that the police should evict the camp since they announced they were going to. She seemed disappointed that the raid had not gone down at the stated deadline hour. (As of December 3, she is now seen at the GAs.)
A group was chanting about taking the street. Some whackos were making chalk drawings at the feet of the police. (I thought: They probably think of themselves as "peaceful," when in fact, they were so disrespectful.) Meanwhile, an intense man seemed to be hallucinating and kept screaming at the police that they were the Syrian army. He was really scary. In short, it was time to get these people off the streets and up onto the sidewalk. Once the order was issued, a man, who had previously been ranting and saying he was Jesus Christ, lay down on the street in a crucifixion position, but was finally coaxed up by a friendly man.
The only actual LA Occupiers I saw in this crowd were the ones that came out to ask the people to please leave the street and go back to the park. Sadly, the worldwide media may present Occupy L.A. as this mélange of troubled people out in the street.
DISPERSAL ORDER. Last night, the LAPD made a loud announcement giving a declaration of an unlawful assembly and an order to disperse. After the order was given, anyone stepping into the street, even those legitimately using the crosswalk to cross, was subject to arrest. The police had to announce several times that this applied to the media people as well. After the order, the only non-police person left in the street was the kooky man on the bicycle doing a parade style ride back and forth. He provided much laughter, until a half hour later, when finally, a police officer on a motorcycle yelled at him to get up on the sidewalk. The poor guy jumped as if he had been merrily in his own world the whole time.
Please read these rules below, which are taken directly from the Oakland Police Department Crowd Control and Crowd Management Policy, a golden bit of information that any protester should download and read. Please read the script that the police use to declare an unlawful assembly and issue an order to disperse. It is the same announcement as that used last night by the LAPD.
If you are ever at a protest where such an order is issued, pay special attention to how you are supposed to exit, and allow others to exit and not be kettled up. Last night, a lot of people were trapped and unable to move away because they had a police riot line a few inches in front of them and a densely packed group of people behind them. The people behind, many of whom were reporters or photographers, were pushing forward to see what was happening, which, as already explained, was a funny man riding a bicycle.
From: Oakland Police Department Crowd Control and Crowd Management Policy (I strongly recommend that you download and read this Oakland policy, no matter where you are. )
F. When an Unlawful Assembly May Be Declared
1. The definition of an unlawful assembly has been set forth in Penal Code Section 407 and interpreted by court decisions. The terms, “boisterous” and “tumultuous,” as written in Penal Code Section 407, have been interpreted as “conduct that poses a clear and present danger of imminent violence” or when the demonstration or crowd event is for the purpose of committing a criminal act.
The police may not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose a clear and present danger of imminent violence.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not a sufficient basis to declare an unlawful assembly. There must be criminal activity or a clear and present danger of imminent violence.
3. The fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts on prior occasions or demonstrations is not grounds for declaring an assembly unlawful.
4. Unless emergency or dangerous circumstances prevent negotiation, crowd dispersal techniques shall not be initiated until after attempts have been made through contacts with the police liaisons and demonstration or crowd event leaders to negotiate a resolution of the situation so that the unlawful activity will cease and the First Amendment activity can continue.
5. If after a crowd disperses pursuant to a declaration of unlawful assembly and subsequently participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly cannot be dispersed unless it has been determined that it is an unlawful assembly and the required official declaration has been adequately given.
G. Declaration of Unlawful Assembly
1. When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest.
Crowd dispersal techniques shall not be initiated until OPD has made repeated announcements to the crowd, asking members of the crowd to voluntarily disperse and informing them that, if they do not disperse, they will be subject to arrest.
These announcements must be made using adequate sound amplification equipment in a manner that will ensure that they are audible over a sufficient area. Announcements must be made from different locations when the demonstration is large and noisy. The dispersal orders should be repeated after commencement of the dispersal operation so that persons not present at the original broadcast will understand that they must leave the area.
The announcements shall also specify adequate egress or escape routes. Whenever possible, a minimum of two escape/egress routes shall be identified and announced.
It is the responsibility of the on-scene OPD commanders to ensure that all such announcements are made in such a way that they are clearly audible to the crowd.
2. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time will be allowed for a crowd to comply with police commands before action is taken.
3. Dispersal orders should be given in English and in other languages that are appropriate for the audience.
4. The Incident Commander should ensure that the name of the individual making the dispersal order and the date/time each order was given is recorded.
5. Dispersal orders should not be given until officers are in position to support/direct crowd movement.
6. Personnel shall use the following Departmental dispersal order:
I am (rank/name), a peace officer for the City of Oakland. I hereby declare this to be an
unlawful assembly, and in the name of the people of the State of California, command all
those assembled at _____________ to immediately leave. If you do not do so, you may be arrested or subject to other police action, including the use of force which may result in serious injury. Section 409 of the Penal Code prohibits remaining present at an unlawful assembly. If you remain in the area just described, regardless of your purpose, you will be in violation of Section 409. The following routes of dispersal are available (routes). You have _______ minutes to leave. If you refuse to move, you will be arrested. *If you refuse to move, chemical agents will be used. (Provide the chemical warning only if use is anticipated).
7. When a command decision is made to employ crowd dispersal techniques, attempts to obtain voluntary compliance through announcements and attempts to obtain cooperation through negotiation shall both be continued. At any point at which a crowd is dispersing, whether as a reaction to police dispersal techniques, through voluntary compliance, or as a result of discussion or negotiation with crowd leaders, OPD dispersal techniques shall be suspended and the crowd shall be allowed to disperse voluntarily. This directive does not preclude a command decision by OPD to reinstate dispersal techniques if crowd compliance ceases.
* * * * * * *
TO SUM UP:
What happens:
1) an unlawful assembly is declared.
2) an order to disperse is announced according to above script.
3) you have to leave or face arrest;
4) you have to leave by the route they are telling you. It is most likely going to be hard to hear that or understand that.
5) It is possible that kettling may take place. This is very dangerous and do whatever you can to avoid situations where the police are kettling.
Wednesday, November 30, 2011
Occupy Oakland
“Occupy Wall Street - A teepee grows in Oakland; As camps are raided and evicted elsewhere, the city's movement builds a symbol -- and searches for purpose”
2011-11-30 by Chris Colin [http://www.salon.com/2011/11/30/a_teepee_grows_in_oakland/singleton/]
[ … ]
“Every time we say the police aren’t going to do something dumb, they surprise us,” Becca Von Behren told me in the hours before the vigil.
Von Behren, 30, is an attorney with a San Francisco veterans rights group and part of Occupy Oakland’s volunteer legal committee. There's no clearer picture of a 99 percenter than a veteran my age, she told me. Over the last few days Von Behren was instrumental in helping to devise the legally savvy underpinning of the day's planned vigil. The idea rested on precedent from a 1984 case called Clark v. Community for Creative Nonviolence. As she and another attorney from the committee explained it to me, that case established that elements of a protest designed for expression were protected by the First Amendment — even tents and teepees, if they're used as symbols rather than for sleeping.
“Sleeping is not protected — they can ban that,” Von Behren said. “We'll have a permanent and meaningful structure in the plaza, but nobody will be sleeping in it.”
I asked her what the meaning was. Specifically, I asked her how I should explain it to my mom, a proxy in my mind for everyone with growing sympathy for the movement and growing doubts about its tactics.
“Here's what I said to my mom,” Von Behren said. “Regardless of whether measurable changes occur — and I'm not even sure what the metric would be — there are people out here involved in direct, deliberative democracy, discussing things usually not discussed among strangers. That kind of awakening is enough.”
[ … ]
2011-11-30 by Chris Colin [http://www.salon.com/2011/11/30/a_teepee_grows_in_oakland/singleton/]
[ … ]
“Every time we say the police aren’t going to do something dumb, they surprise us,” Becca Von Behren told me in the hours before the vigil.
Von Behren, 30, is an attorney with a San Francisco veterans rights group and part of Occupy Oakland’s volunteer legal committee. There's no clearer picture of a 99 percenter than a veteran my age, she told me. Over the last few days Von Behren was instrumental in helping to devise the legally savvy underpinning of the day's planned vigil. The idea rested on precedent from a 1984 case called Clark v. Community for Creative Nonviolence. As she and another attorney from the committee explained it to me, that case established that elements of a protest designed for expression were protected by the First Amendment — even tents and teepees, if they're used as symbols rather than for sleeping.
“Sleeping is not protected — they can ban that,” Von Behren said. “We'll have a permanent and meaningful structure in the plaza, but nobody will be sleeping in it.”
I asked her what the meaning was. Specifically, I asked her how I should explain it to my mom, a proxy in my mind for everyone with growing sympathy for the movement and growing doubts about its tactics.
“Here's what I said to my mom,” Von Behren said. “Regardless of whether measurable changes occur — and I'm not even sure what the metric would be — there are people out here involved in direct, deliberative democracy, discussing things usually not discussed among strangers. That kind of awakening is enough.”
[ … ]
Tuesday, November 29, 2011
Students Occupy Hahn UCSC Student Services Building in Solidarity against Police Violence, Education Cuts
UCSC Hahn Occupation: Purpose and Explanation -
posted 2011-12-01 at [https://www.indybay.org/newsitems/2011/12/01/18701502.php]:
A statement explaining why Hahn was chosen was presented along with the demands.
[On] November 28, 2011, a group of UCSC student activists picketed and proceeded to occupy Hahn Student Services Center. This was an action of civil disobedience carried out as a result of a decision reached by the UCSC General Assembly in solidarity with UC Davis Students who were pepper sprayed and beaten by UCPD. We targeted Hahn because of the strategically placed offices it holds: the Offices of Financial Loans and Judicial Affairs. The Office of Financial Loans is the location where students are shackled with a lifetime of debt to finance ever-increasing administrative paychecks. The Office of Judicial Affairs consistently oppresses activists and violates their first amendment rights. These are important offices in our protest movement:
Business as usual has failed.
We realize the gravity of consequence incurred by our occupation to students attempting to complete business services in the building. A fundamental component of occupation is disruption of day-to-day activities. However, protesters in Hahn were given faulty information that regular building functions were relocated to other parts of campus. When we learned [the morning of November 29th] that this was untrue, we worked rapidly and in solidarity to return the building to students, who have always been a primary concern.
Let there be no confusion: we are a student-led movement, with aims to work toward a superior higher education system for faculty, students, and workers.
We have left this building as an exercise in student sovereignty; harnessing our power to return services to students, and in order to open negotiations of our demands in good faith. There will be a General Assembly on Monday at 7pm to further these discussions. [Location TBA]
UCSC Hahn Occupation Demands
posted 2011-11-29 at [https://www.indybay.org/newsitems/2011/11/29/18701309.php]:
Though students voted to end the occupation of Hahn, they have generated the following list of demands. Actions will be ongoing!
We support the demands of UC Davis students and faculty. In solidarity with them we make the following demands on our own campus administration:
1. We demand that the UCPD be disbanded and a committee be formed by students, faculty and workers whose mandate is to transfer legitimate community safety responsibilities to democratically accountable and unarmed campus safety groups.
The mandate of this committee will be to:
-Determine the full range of functions that are currently fulfilled by UCPD which can legitimately be delegated to campus safety groups.
-Determine the few specific situations in which it may be necessary to call on the assistance of outside agencies and to create the necessary protocols that the University must follow before these agencies are invited onto campus.
-Prioritize community well being and violence prevention over police activities. To this end its emphasis should be on refunding resource centers like conflict resolution and rape prevention, as well as refunding centers dedicated to addressing the needs of underserved populations on campus.
2. We call on the administration of this campus to refuse to implement budget cuts imposed by the state, UCOP or the Regents. This means:
-Rescind tuition hikes back to 2009 levels and allow students to enroll in classes at that rate.
-Rescind campus layoffs back to 2009.
-Rescind budget cuts to divisions and departments to 2009 levels.
3. We demand that no disciplinary actions are to be taken against students or allies for participation in occupation protest activities.
4. We demand that this list of demands be sent out to all members of the campus community on the University's own e-mail servers.
Observation by a student:
Cal. Chancellor Birgeneau's campus cops violent baton jabs on peaceful students -
UC Berkeley Chancellor Birgeneau campus cops apply violent baton jabs on students protesting increases in tuition. Campus UCPD report to chancellors and take direction from their chancellor. University of California campus chancellors vet their campus police protocols. Chancellors are knowledgeable that pepper spray and use of batons are included in their campus police protocols.
Chancellor Birgeneau’s campus police use baton jabs on his students. UC Berkeley Chancellor Birgeneau and UC Davis Chancellor are in dereliction of their duties.
UC Berkeley Chancellor Birgeneau and UC Davis Chancellor need to quit or be fired for permitting the brutal outrages on students protesting tuition increases and student debt
Opinions? Email the UC Board of Regents marsha.kelman [at] ucop.edu
"UCSC Students shut down Hahn administration building"
2011-11-28 by rosie, posted at [https://www.indybay.org/newsitems/2011/11/28/18701192.php]:
UCSC Students shut down Hahn administration in solidarity with students facing violent police repression at UC Davis and UC Berkeley. where free speech was shut down by weapons-grade pepper spray and beatings over the past few weeks. Students are calling attention to the militarization of campus and the focus on quieting political dissent rather than funding instruction and student services. Students will be heard. Demands: 1) Resignation of Chancellor Katehi 2) UCPD off of campuses 3) No more fee hikes
UC ACADEMIC STUDENTS, IN SOLIDARITY WITH UC DAVIS STUDENTS, DEMAND THE RESIGNATION OF CHANCELLOR KATEHI, THE REPLACEMENT OF UC POLICE DEPARTMENT WITH UNARMED COMMUNITY-BASED SAFETY COMMITTEES, AND A FEE ROLLBACK!
Students at the University of California, Santa Cruz have surrounded Hahn Student Services building and are planning for a day of actions in solidarity with students who faced police brutality and repression of student free speech at UC Davis.
A little over a week ago at UC Davis, students’ freedom of speech was attacked with weapons-grade pepper spray. This attack threatens the freedom of students not only at UC Davis, but also of nonviolent protesters everywhere. Police brutality is being used to enforce fee hikes and growing student debt. The Regents have justified their hikes with the budget crisis, but they have enough money to fund their violence: last year, UC spent a total of $35.4 million on police, with an average pay of $92,700—that is, over six times as much as teaching assistants make.
Police brutality is nothing new for the UC system. Demonstrators against budget cuts and tuition hikes have experienced a history of state repression:
• 2005: “Tent University” at UC-Santa Cruz was violently dismantled by police
• 2007-8: Tree sitters saw multiple attempts at repression, including arrests
• 2009-10: Participants in the UC-wide occupation movement, including faculty, staff, and students, were subjected to arrests, pepper spray, and beatings
• 2010: UCPD pointed loaded weapons at demonstrators at the UC Regents meeting in San Francisco
• 2011: A nationwide occupy movement emerges and is subjected to violent evictions and repression
• 2011: UC-Davis students pepper sprayed. ACLU declares the use of pepper spray for crowd control to be an “unconstitutional use of force” (NYT, 11/22/11)
Why is this happening? Police violence is to prevent resistance to an unjust economic system. In California 11% of the budget goes towards prisons, but only 7.5% goes to higher education.
The Regents were planning to meet in San Francisco last week, to raise tuition by 81% over the next four years. Student activists planned a protest, and the Regents were afraid to confront peaceful student protest and cancelled their meeting. They will videoconference today in several locations, and UC activists are at those universities making it clear that they will disrupt their meetings.
Administrations claim that they put police on campus to protect student safety. But the greatest threat to student safety is privatization, exploitation, and repression. Students are graduating with impossible debt and few opportunities to get a job. Meanwhile, Regents and administrators like Mark Yudof make over $500,000 a year and pledge our tuition to borrow money for lucrative building projects, while our class sizes increase. When we resist this exploitation, we are subjected to brutal violence by police.
The general assembly of the Davis occupation voted nearly unanimously for a general strike today to protect their right to protest. In solidarity, and in defense of our own rights, we are striking today. We have three demands:
1. Immediate resignation of Chancellor Katehi
2. All cops off the UC campus
3. No fee hikes
As of 5:30am, students have surrounded the Hahn Student Services building with the intention of shutting the building down. This action is to call attention to the lack of funding for student services and instruction, while financially supporting the repression of free speech.
The first rally will take place today (Monday) at noon at Bay Tree Plaza, followed by a 2pm Action Assembly to decide next steps.
Students require a new kind of society that allows for the free speech and the expression of political dissent, values people over profits, and prioritizes education rather than repression.
(photo by rosie)
Occupy! (photo by Edgar)
"No Work Today" (photo by Edgar)
Solidarity with UC Davis (photo by Edgar)
Decolonize Education (photo by Edgar)
UPDATE: UCSC Hahn student services is occupied!
2:45pm – UCSC Hahn student services is occupied by 100-150 students. Specifically the financial aid office and surrounding halls. Support will be needed.
"Students Occupy Hahn Student Services Building at UCSC"
2014-11-29 photos and article by Alex Darocy [http://alexdarocy.blogspot.com], posted at [https://www.indybay.org/newsitems/2011/11/29/18701268.php]:
After effectively shutting down and preventing employees from starting the workday at the Hahn Student Services building at UC Santa Cruz starting at 5am on November 28, students held a rally at Quarry Plaza at noon followed by a general assembly at 2pm. After some discussion of agenda items, students consensed on holding the remainder of the GA at the Hahn building where they could support those who were still maintaining the shutdown. At Hahn, it was consensed on that the building would be entered and occupied.
The occupation of the Hahn building began at about 4pm, and the general assembly was moved to the second floor balcony. Some students listened to the proceedings from inside of the offices. While occupying the building, students utilized conference rooms for working group meetings, and the restrooms were briefly re-identified as "gender neutral." The general assembly was to be reconvened at 7pm so that students could break into specific working groups. The main office cubicle area was eventually transformed into a study area that students used as the evening's general assembly stretched late into the evening. By 11pm, and 4 hours into the resumed GA, students had consensed on how to proceed if the police arrived and asked them to leave the building, and the group also consensed on the location of an encampment to be set up if they did leave Hahn. At 11pm students still had to decide if they would leave to that new encampment location immediately, or stay in Hahn overnight.
The day of actions at Hahn Student Services was held in solidarity with students who faced police brutality and repression of student free speech at UC Davis. Throughout the day, students maintained their three specific demands of the university:
1. Immediate resignation of Chancellor Katehi (of UC Davis)
2. All cops off the UC campus
3. No fee hikes
Before the rally, the shutdown of the Hahn building.
Rally at Quarry Plaza.
A student guest speaker from UC Davis at the rally.
Speaker at the rally.
Speaker at the rally.
Students briefly set up tents during the general assembly at Quarry Plaza.
Quarry Plaza.
At Quarry Plaza, students reach consensus on moving the GA to Hahn.
General assembly on the second floor balcony of Hahn.
In a conference room.
The main cubicle area. Students later utilized this space for studying.
Listening in on the general assembly from inside of Hahn.
Gender neutral restroom.
Inside the break room.
After 7pm, the general assembly was facilitated from outside of the building looking in.
The final general assembly was held in the main hall of the second floor, and students consensed after some discussion on allowing members of the media to take one photo of the group.
Wednesday, November 2, 2011
Chemical Weapons Defense
Chemical Weapons Defense, distributed during the 1st Oakland General Strike of 2011,
by the "Rosehip Medic Collective":
Sunday, October 23, 2011
OGC / MDS / CCBPP for Occupy Oakland!
Northbay Occupy News [link]
2011-10 from Melvin Dickson of the Commemoration Committee for the Black Panther Party (CCBPP), captions from Northbay MDS.OGC / MDS / CCBPP for Occupy Oakland!
MDS Truth Contingent:
Gerald S. of the OGC and former BPP-NY (1970s), reminding people how it was done!
CCBPP table at Occupy Oakland:
Uhuru!
Sunday, October 16, 2011
"Native American groups, Occupy Sacramento proclaim Indigenous Day of Resistance"
2011-10-16 by Dan Bacher:
On Friday, activists from Native American, student, labor and civil rights groups and Occupy Sacramento joined together in a march from Cesar Chavez Park to the Capitol for an Indigenous Day of Resistance protest to denounce the United States’ “glorification of the atrocities committed against native ancestors of the Americas during the Indigenous Holocaust let by Christopher Columbus.”
Like Carter and Sheehan, they emphasized the connections between the wars abroad and the war at home.
“With many severe cuts to education and social services nationwide, we call to question, why we continue to increase our $14.6 billion US National Debt to fund wars over seas,” according to a statement from the groups. “Instead we have a war at home, were millions are losing their homes and jobs while the banks are plundering our wealth. CA is #1 in Prison Spending and #43 in Education Nationwide. Why is that?”
“As for our Native Community surrounding the US/Mexican border, we are now being labeled as ‘Immigrants’ that was once home. We are tired of seeing migrants scapegoated for the failures of capitalism. It angers us to be called “illegal aliens” when it was our ancestors who inhabited this lands before Columbus came to conquer and plunder this land. Now in contrast our people are forced to risk their lives crossing a further militarized border. Over the last decade, it is estimated 10,000 died crossing the border.”
“We are calling to action here at the State Capitol for all communities to join the movement to defend families and education, because this is a people’s movement for human rights and to stand up against injustice. We will no longer be victimized by these racist laws or corporate greed restricting us of an education and split up the millions of families from one another.”
The event was endorsed by Occupy Sacramento, MEChAs from throughout northern California, United Indigenous Nations, United Native Americans Inc., the Labor Council for Latin American Advancement AFL-CIO Sacramento and numerous other organizations. The rally began and ended with Aztec dancing.
On the national level, a statement from Occupy Wallstreet proclaimed:
“From America to Asia, from Africa to Europe, people are rising up to claim their rights and demand a true democracy. Now it is time for all of us to join in a global non violent protest. The ruling powers work for the benefit of just a few, ignoring the will of the vast majority and the human and environmental price we all have to pay. This intolerable situation must end.
“United in one voice, we will let politicians, and the financial elites they serve, know it is up to us, the people, to decide our future. We are not goods in the hands of politicians and bankers who do not represent us. On October 15th, we will meet on the streets to initiate the global change we want. We will peacefully demonstrate, talk and organize until we make it happen.”
On Friday, activists from Native American, student, labor and civil rights groups and Occupy Sacramento joined together in a march from Cesar Chavez Park to the Capitol for an Indigenous Day of Resistance protest to denounce the United States’ “glorification of the atrocities committed against native ancestors of the Americas during the Indigenous Holocaust let by Christopher Columbus.”
Like Carter and Sheehan, they emphasized the connections between the wars abroad and the war at home.
“With many severe cuts to education and social services nationwide, we call to question, why we continue to increase our $14.6 billion US National Debt to fund wars over seas,” according to a statement from the groups. “Instead we have a war at home, were millions are losing their homes and jobs while the banks are plundering our wealth. CA is #1 in Prison Spending and #43 in Education Nationwide. Why is that?”
“As for our Native Community surrounding the US/Mexican border, we are now being labeled as ‘Immigrants’ that was once home. We are tired of seeing migrants scapegoated for the failures of capitalism. It angers us to be called “illegal aliens” when it was our ancestors who inhabited this lands before Columbus came to conquer and plunder this land. Now in contrast our people are forced to risk their lives crossing a further militarized border. Over the last decade, it is estimated 10,000 died crossing the border.”
“We are calling to action here at the State Capitol for all communities to join the movement to defend families and education, because this is a people’s movement for human rights and to stand up against injustice. We will no longer be victimized by these racist laws or corporate greed restricting us of an education and split up the millions of families from one another.”
The event was endorsed by Occupy Sacramento, MEChAs from throughout northern California, United Indigenous Nations, United Native Americans Inc., the Labor Council for Latin American Advancement AFL-CIO Sacramento and numerous other organizations. The rally began and ended with Aztec dancing.
On the national level, a statement from Occupy Wallstreet proclaimed:
“From America to Asia, from Africa to Europe, people are rising up to claim their rights and demand a true democracy. Now it is time for all of us to join in a global non violent protest. The ruling powers work for the benefit of just a few, ignoring the will of the vast majority and the human and environmental price we all have to pay. This intolerable situation must end.
“United in one voice, we will let politicians, and the financial elites they serve, know it is up to us, the people, to decide our future. We are not goods in the hands of politicians and bankers who do not represent us. On October 15th, we will meet on the streets to initiate the global change we want. We will peacefully demonstrate, talk and organize until we make it happen.”
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