Give peace a chance.
Posted on 05/01/2008 5:38:07 PM PDT by mdittmar
Activists challenge a police policy under which protesters can be arrested rather than only cited.
Civil-rights activists say a Denver police policy could result in mass arrests and a clogged jail during the 2008 Democratic National Convention, and they have filed a claim seeking monetary damages over its use last Columbus Day parade.
"We think there is a strong possibility that Denver is headed for a very disastrous and catastrophic situation," said Mark Silverstein, who directs the Colorado American Civil Liberties Union.
The policy regards police handling of misdemeanor offenses committed by protesters.
Until last year, Denver's policy for minor offenses was to give the accused a summons to appear in court. But before October's Columbus Day parade, the police changed the policy to arrest and detain protesters, even for minor offenses. More than 80 protesters were arrested for trying to block the parade route, leading to the ACLU complaint early last month. The claim marks the precursor to a formal lawsuit, although Silverstein said the intent of the filing is to "nudge" the city into rethinking the policy change.
Silverstein says he first learned of the change during a meeting with city officials in July. During that meeting, he says, he brought up the example of New York City's much-criticized — and litigated — policy of arresting and holding protesters during the 2004 Republican convention. More than 1,800 were arrested, and many were held longer than 24 hours, though charges were largely dropped later.
According to notes that Silverstein kept of the meeting, Denver Deputy Police Chief Michael Battista said that for arrests made during protests, Denver "doesn't cite and release."
Battista said the change followed the mass citations in 2004 during the city's Columbus Day parade, in which 230 people were given a summons after they linked arms and stopped the parade. Protesters claimed the event celebrated the genocide of American Indians.
The 230 were cleared, and Battista said a review of the matter found that had they been taken in for a formal booking and bonding out, the city's case against them in court would have been stronger.
Silverstein disputes the legal argument of the claim and says the new measure violates constitutional rights to peaceful civil disobedience.
Through a spokesman, Battista said Wednesday: "We'll take the appropriate steps depending on the situation and take the appropriate measures depending on the situation as we see fit."
City Attorney David Fine said the city can't dictate to police how officers handle arrests, which by their nature are unpredictable.
"Let's say someone (protested) with the intention of blocking traffic," Fine said. "If they were cited and released, they would be right back blocking traffic. It's not a minor manner."
Fine said police were developing plans to process any arrests "as quickly and efficiently as possible."
The new policy created a New York-style situation on a smaller scale during last year's Columbus Day parade, Silverstein said.
Instead of issuing a summons to the 83 charged with blocking the parade route, the protesters were taken to jail. At least 40 of them were held several hours before they were allowed to post bond, and then they were held several more hours before being released. The claim was made on their behalf.
Paul Bame said he was arrested about 10:30 a.m. on the day of the Columbus Day parade, kept in a cell and not allowed to post bond until midnight. He wasn't released until 3:30 a.m. the next day.
"Some of the marshals in the jail were harassing us, saying, 'Well, you feel pretty smart about what you did now, huh?' That kind of thing," Bame said. "They were communicating to us: 'You've been punished.' "
Bame, who faces three minor charges, worries there will be a chilling effect on his ability to protest during the Democratic convention since some of his peers have received year-long suspended sentences for their Columbus Day activities.
"You can pretty much count on going to jail if there is another instance," Bame said.
Where do the words "peaceful civil disobedience" appear in the Constitution? It's not the same thing as free speech. "Free speech" is standing on the sidewalk with signs. Standing in the middle of the street, trying to block traffic, is a public nuisance, to be handled as the city sees fit. Drunks in the middle of the street get hauled off to the slam. Why should leftists be treated any differently?
Martin Luther King knew his "peaceful civil disobedience" would get him arrested, and he was prepared to pay the legal price. These lefties whine if they're not released within 30 seconds after being booked.
“Good for the ACLU for once.”
No, SCREW the ACLU. This is just part of their ongoing deception. They are masters of this.
There is a constitutional right to "peaceful civil disobedience"?
the aclu’s always there for the stupid and evil stuff.
I didn’t know Mark Silverstein was one of the founders of ReCreate 68;)
Protesters will not be confined to “cages” during the 2008 Democratic National Convention, and the city wants to get away from the long lines of shoulder-to-shoulder, riot-gear-clad police that typified security at the national conventions in Boston and New York, Denver City Councilman Charlie Brown said today.
“We don’t want to provoke violence,” Brown said.
Brown said he talked with Mayor John Hickenlooper on Wednesday and that the two discussed “trying to get away from having lines of police officers.”
Brown later asserted: “We aren’t going to cage protesters.”
The councilman made his comments before a group of about 50 students and others at the University of Denver law school, where local law groups are sponsoring a four-day series of workshops and discussions that offer training and tips for activists and protesters planning to demonstrate in and around convention week.
Brown participated in a noontime panel discussion with Glenn Spagnuolo, a representative for Re-create 68, the Denver-based umbrella group for war protesters and other activists that has said it will occupy Civic Center day and night throughout the convention, which runs Aug. 25 to Aug. 28.
http://www.denverpost.com/news/ci_8960831
Ping.
Give peace a chance.
Sheriff Arapaio should have a solution for ‘too many to jail.’
Popcorn. Must have.
Big mistake not to prosecute and incarcerate. Probably will happen again.
How exactly is it wrong? And don’t focus on the word “Congress”
Its tough to run a police state!
No Problema!
Lets identify the rioting camps in the dem party:
The professional womans caucus ( Hillery). The Dem Black Caucus .( House rep. Jefferson et.al.) Code Pink.( Michael Moore and his idiots) The Rainbow Coalition ( Jesse Jackson) Blue Dog Dems ( now accused of being conservatives. Leibermann et. al.) Obama Jihad Wing ( And Obamas Islamofascist guests from Kenya, Odinga and other relatives) The Hispanic Illegal Alien Caucus ( and associated drug runners) Joe Biden ( a one man army) California Actors Guild ( Matt Damn, Susan Sarandon,Geo Clooney) Now imagine them all holding pikes fighting with each other, intertwined with "embedded" reporters from CNN, ABC, NBC, Fox News.
Yes , Denver will not be a very popular finish to anyone with aspirations to become great.
Yes, I thought it was very interesting because I always felt Peck was the ideological counterpoint to Finch.
I taught a review of the film for middle schoolers and held Atticus out as a model ~ a somewhat conflicted model ~ of conservative virtue, but especially prudence and forebearance.
We discussed the scene with the rabid dog and how it wa a metaphor for evil, which you always want to keep at a distance and the conflict that transpires when evil has to be directly confronted.
Other than Tom Swift and Hardy Boys books, To Kill a Mockingbird was the first serious novel I ever read (6th grade IIRC), and I've re-read it a couple of times since. I never miss an opportunity to see the movie, and I'm sure that I'll never tire of it. Your post made me wish I hadn't referred to it so carelessly.
“Your post made me wish I hadn’t referred to it so carelessly.”
I knew exactly what you were talking about with the reference to Peck, so I understood.
The whole film is really steeped in internal conflict; the problem of doing what is right at great cost, when to expose one’s children to the harsh realities of the world and ultimately the utter and complete lack of control once the wheels of consequence are set into motion.
I love the book and count it among my favorites. I enjoy the film because there are so many levels to it. If I watched it tonight I would see something new.
The book and the film are also a unique piece of art in that you have the ability to see (read) it as a child and read it on one level. Like me, you probably saw it again as an adult then maybe again as a parent and taken something else from TKAMB.
As Dennis Miller says on his radio program as it relates to art, there is only one person on the planet who has ever batted 1.000 in life and that is Harper Lee.
I couldn’t agree more.
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