Open Letter to Tom Potter
author: Alan Graf
 e-mail: peopleslawyer@qwest.net
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In My Opinion--Report Card on Police Response to Protests
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Dear Tom and any other Commissioner who reads this public bulletin board:
I was out in the streets on January 20m 2005. I was there with some of my fellow National Lawyers Guild observers (thank you Lewis and Clark law students). I have also read Catwomyn's post and pretty much agree with everything she said. I want to add a few things.
First, before I get carried away, kudos to you Mayor for stating that the city is ready to buy PGE and take it away from the Texans. Good Job!!!
Now the police--having studied hundreds of hours of videotapes of police behavior from the August 22, 2002 protest (A-22) and the March 2003 (I-war) protests, from my viewpoint, I believe the police have improved somewhat in their tactics with protestors and demonstrations. At the A-22 and I-war protests, the police were complete brutes. They were driven by Kroeker's plan and directive to militarize the police and make them in effect an occupying army--in some ways, eerily similar to our own army in Iraq.
This last protest, I noticed that, at least from my perspective, that no pepper spray was used for crowd dispersal and no rubber bullets, sage weapons or other such arsenal was used as well. Bravo!! I also might add that I feel a tad bit responsible for the omission of these weapons having just cashed the $300,000 check you sent to my office the other day while I total up my attorney fees in anticipation of the next check I will hopefully be recieving from the city that we plan to help fund the Center with (www.nwcrc.org). The omission of pepper spray may also be in reaction to the letter I sent you from Dr. Woodhall Stopford, the nation's top epidemiologist and chemical weapons advisor to the US Army, who wrote that the use of pepper spray for crowd control, is against public health policy because it could cause fatalities especially amongst children and older people with lung diseases. The city, now having this knowlege and notice of such effects, could be found to be criminally liable if the use of it caused a subsequent fatality.
I also was glad to see Chief Foxworth out on the street, unlike his predecessor who stayed at home working on his resume while his underlings did his dirty work. The Chief actually appeared to listen to me while I explained to him (as Catwomyn points out) that you can't push people back into a crowd that is packed together like sardines. It causes people to fall over and get trampled upon. Foxworth nodded his head like he understood this basic physical law and soon after our conversation, the pushing appeared to stop. The cops were also generally more restrained than in previous demonstrations. Good job.
Now, here are some of my suggestions for improvements in policing a protest. First, we all agree that Kroeker was a misfit for Portland (in many ways). We are all glad that he is gone. When you looked at the video of the police reaction to the A-22 protests at my office, Tom, you appeared to be discomforted by what you saw. You commented that you wanted to see a demilitirization of the police. Kroeker may be gone, but his imprimatur is still here. We had a permitted march on January 20th. The crowd was peaceful and law abiding. It was celebratory. It was American as apple pie. There was no need for the Rapid Response Team to drive around hanging on to pickup trucks looking to me like goons in Alabama waiting to beat up the next black guy they saw. Yes, they were scary. And the constant change of the guard with more goony type police in riot gear was scary. It left a knot in my stomach like it did to most of the people there. I personally got pushed with a baton by an over exuberant officer who told me to move while I was on the sidewalk. Someone needs to educate that man on the law. He is lucky that I agreed to move. If I didn't and he hit me or arrested me, we would be cashing yet another big check. I know the city can't afford to keeep issuing these checks. Better to give them to the schools.
I know the police want that stuff to be scary and it is the effect the intend it to have. I know that the effect is created to give the police CONTROL of the situation. But guess what, the forefathers of this country intended that the citizens of this country be able to express their dissent in a spontaneous and creative fashion (no prior restraint), in a way where dissent is encouraged particularly in public places like downtown, and in a way where dissent is respected for its value in keeping this society humane, honest and CIVILized. Control may be obtained through cooperation and respect. A novel idea.
The kind of response that the police had to peaceful, non-violent, law abiding demonstration on January 20, 2005, was disrespectful, unnecessarily intimidating, way over board, reactive and once again showed that the police in this town are out of touch with the people they serve and liberal majority of Portland.
We did have a period of about two years, 2001 to the end of 2002, where Kroeker backed it way down, mostly in reaction to the big mud pie in the eye he got from the May Day 2000 protests thanks in large part to former Commissioner Charlie Hale. For two years, we had close to ZERO problems with protests. The police showed up on bicycles, rode around, smiled a lot, and we all got along fine.
Now we are back again with the riot squad, the weapons that look like they could hurt someone, and the batons and really rude behavior.
Catwomyn is correct that it is no longer illegal in Oregon to disobey the lawful or unlawful order of a police officer. Both of those statutes are gone. See State v. Ausmus and State v. Illig. I suspect it is the reason that the ice cream truck guy never threatened to arrest anyone for not obeying the man behind the curtain. It is also legal to protest on the sidewalk without a permit, unless it can be shown that you are blocking pedestrian traffic. The new Sit-Lie ordinance (which in my opinion is full of constitutional holes) has an exemption for expressive conduct, so you can't violate that protesting.
If you have a permit to be in the streets, you can be there. You are permitted to be there. Again, you do not need a permit to express yourself on the sidewalk. The police had a right to try to move the protestors who jammed the sidewalk up around Terry Schrunck Plaza, ONLY if they could show that those protestors were blocking either vehicular or pedestrian traffic AND their activities were not consistent with their permit. While the police rammed their batons into people bunched up against others, there did not appear to be any pedestrians waiting to pass. The cops brutality was completely unnecessary.
The bottom line is this. There is a war going on both abroad and at home. People with conscience are not going to shut up about this. There are many people who are unnerved about the killing and rightly so. I know that you Mayor, and most of you Commissioners oppose the war and oppose the immoral actions of George W. Bush. There will be more protests. I encourage you to join us. Do we want the Portland Police to continue to be arm of the oppressive and immoral government of the United States? Or do we want our police to do what they were sworn to do--protect the United States Constitution and Bill of Rights--which means encourage dissent, protect it and of course in the process protect the public safety which I am not suggesting they abdicate.
The RRT is Kroeker's baby. Lets throw the baby out with the bath water (which stinks). It cost you this last law suit settlement. It is intimidating and unnecessary. Lets go back to bike cops patrolling protests with instructions to be friendly, respectful and interactive with the protestors. If someone breaks the law, arrest them (don't beat them up), just arrest them.
It seems simple. I think dialogue is good. I plan to keep trying to talk and argue about this, until I see no point in it. We are ready to see some improvement and respect for the folks who are willing to take to the streets in this town to say something really important and vital to a society that in some ways has lost touch with its own basic humanity. The protestors are courageous and serve as our conscience.
It is vital that we protect, serve and defend them.
Thanks Tom, for listening,
Alan Graf
Interim Director
National Lawyers Guild
Northwest Constitutional Rights Center
www.nwcrc.org
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homepage: http://www.hippielawyer.com; www.nwcrc.org
address: 1020 SW Taylor St, Ste. 230, Portland, Oregon 97205
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