Schumacher Furs Protest Report (Bloody Valentine Reloaded), February 11

Just curious, not that it would prevent me from drawing on the sidewalk, but what are the laws about that? And spitting on the sidewalk (I mean, offensive littering)takes one to jail these days? What if I puke on the sidewalk or mark up the sidewalk with something on my shoes or my gum falls out of my mouth or I'm eating a vegan icecream cone and the top falls off or I skin my knee and bleed onto the sidewalk? Good gravy, what dark days we are in.
Maybe someone could post a little info. for those that can't make it on Sunday or feel like expressing themselves in creative ways on Sat.

To see innocent people/good people that I know. Get thrown in jail for those sorts of things it angers me even more and makes me more likely to do something against them then anything. I sat in the Justice Center for over 4 hours waiting for 2 friends. And after I heard what happend I was really pissed. Offencive littering and Criminal mischief? Arent there crack heads and herion addicts out there? Isnt helping someone get off drugs more important then arresting two good friends of mine for little things that an average person does everyday? God what police do for this wonderful state is really stupid. Lets go shoot someone one day then go arrest someone for writting on the sidewalk with chalk and then a person for spitting even though it is cold out and people get sick and need to spit. I r hate police.

Here is a link about a military protester that used blood and got some jail time!

 http://www.commondreams.org/headlines05/0927-05.htm

write in chalk on the sidewalk, and I hope for all of our safety the police come and arrest them! What next - driving planes into buildings?

If they arrested everyone who spit downtown, there'd be almost no one there.

Good job Portland police. Try more restraint next time, or enforce the laws equally. Really, come down to my block and arrest the kids - I'll personally show you were they live!

I heard someone got a citation at one of the protests too for walking underneath the drip line (sunshade) of the building. I believe that's public property.

Yeah, protests are a hassle for those being protested, and the police who either choose or are made to answer every nuisance call from the business - but we still live in America, land of free speech, for what it's worth. Officers: you may not "like" our speech, but your higher duty is to preserve it - or you will lose yours too, soon enough. Arresting on every chance that you can stretch the law is ridiculous. And some people get so angry and fed up with the system that they feel like, why stay within the law, when the law is going to fuck them over anyway?

When did the Nordstrom's arrest take place? I saw the arrest for the alleged spitting (what a bunch of BS), but was not aware there was another arrest that had taken place.

This from another Indymedia article:

"A word about chalking: The "v" word ("vandalism") has been thrown around lately to describe chalking, but that's a serious misuse of the term. According to local attorney Greg Kafoury, chalking public sidewalks in the city of Portland is not illegal. City statutes forbid permanent markings, but chalk washes away -- pretty fast in dewy Cascadia. The city, then, does not define a chalked message on public property as "vandalism" and has no legal grounds to prosecute someone for it. So, anyone else who describes chalking as "vandalism" is using a standard that I can only characterize as excessive. Additionally, chalking is a great way to get a message into the public eye. There it is, on the sidewalk, for everyone to see. People notice it. For all these reasons, chalking sidewalks is definitely one effective tactic about which I would ask complainers to relent."

 http://portland.indymedia.org/en/2002/10/30283.shtml

Not having time to check, but I think that chalking on private property may be a different story than chalking on public fixtures like sidewalks. Chalking is great! A very fun activity at rallies is giving chalk away to people to use right there, it totally transforms a scene.

WendyB -
I have a letter dated July 25-2001 signed by attorney Greg Kafoury which states:
"There is no city statute in Portland which outlaws the use of chalk on public sidewalks.
The only related state statute is ORS 164.381, et seq. This section does not make applying chalk on a public sidewalk an offense, because the statute only covers an act which "intentionally damages property." ORS 164.383. Chalk is readily washable, and since it does not alter the sidewalk itself, there is no damage.
It is my intent that this be relied upon by persons who may wish to put temporary chalk inscriptions on public sidewalks for political or civic purposes."(signed by Gregory Kafoury)

Please note that there are two different ORS given - not sure if it is a typo - I only printed what was contained within the letter which was written to an individual who was active in a Ralph Nader event.
You may want to contact Greg and see if this still applies - (503) 224-2647. I have personally relied on this letter to heavily chalk outside of the Oregon Regional Primate Research Center in Beaverton and never have been confronted about my actions.

I was the one arrested for writing in chalk outside of Nordstroms. It happened around 4:45, so most of you had probably left the protest by then. I was walking toward 5th from Schumachers and went to write 'Fur is Murder, boycott Schumachers' in sidewalk chalk on the corner of Nordstroms across from Starbucks. A cop came up to me and told me I had written on private sidewalk, so I apologized and offered to clean it up. He told me it was fine, explained to me where the official property line is, and asked me to try and wipe the chalk away before Nordstroms 'gets involved'. Just then two security guards walked up and told us they were already involved. They told the cop they could handle it so he walked away. They both got on cell phones and were ignoring me, so I walked to the SE corner by Banana Republic and wrote a quick anti-fur statement in an area that the cop had told me was public property. The security guards ran up and told me I was under arrest. I explained to them that I didn't know and I was supposed to be given a warning before I was arrested. They just argued back, and held me in the back room while the cop drove over to take me to the station.
The woman who's legally advising me says she doesn't think they had any right to arrest me for two reasons: security guards aren't allowed to make arrests, and I was given a warning by a cop and I didn't do anything illegal after that point, so they shouldn't have done what they did.

Oregon Revised Statues 2003 Edition

GRAFFITI-RELATED OFFENSES

164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

(1) "Graffiti" means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

(2) "Graffiti implement" means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 §1]

Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 §2; 1999 c.1051 §156]

Note: See note under 164.381.

164.385 [1967 c.243 §1; repealed by 1971 c.743 §432]

164.386 Unlawfully possessing graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

(2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 §3; 1999 c.1051 §157]

Note: See note under 164.381.

164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 §7; 1999 c.1040 §6]

Note: See note under 164.381.

164.390 [1959 c.626 §§1,4; repealed by 1971 c.743 §432]

164.392 [1959 c.626 §§2,3; repealed by 1971 c.743 §432]

DEFINITIONS FOR ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

(1) "Protected property" means any structure, place or thing customarily occupied by people, including "public buildings" as defined by ORS 479.010 and "forestland," as defined by ORS 477.001.

(2) "Property of another" means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 §141; 1977 c.640 §1; 1989 c.584 §1; 2003 c.543 §1]

164.310 [Amended by 1957 c.653 §1; 1959 c.302 §2; repealed by 1971 c.743 §432]

CRIMINAL MISCHIEF AND RELATED OFFENSES

164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

164.350 [Repealed by 1971 c.743 §432]

164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $100; or

(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $100.

(2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146]

164.355 [1967 c.378 §§1,2,3,4; 1969 c.287 §1; repealed by 1971 c.743 §432]

164.360 [Repealed by 1971 c.743 §432]

164.362 [1957 c.714 §§1,6(1); repealed by 1971 c.743 §432]

164.364 [1957 c.714 §§4,5; repealed by 1971 c.743 §432]

164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

(a) Damages or destroys property of another:

(A) In an amount exceeding $750;

(B) By means of an explosive;

(C) By starting a fire in an institution while the person is committed to and confined in the institution;

(D) Which is a livestock animal as defined in ORS 164.055;

(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

(2) As used in subsection (1) of this section:

(a) "Institution" includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

(b) "Medical facility" means a health care facility as defined in ORS 442.015, a licensed physician's office or anywhere a licensed medical practitioner provides health care services.

(c) "Public utility" has the meaning provided for that term in ORS 757.005 and includes any cooperative, people's utility district or other municipal corporation providing an electric, gas, water or other utility service.

(d) "Railroad" has the meaning provided for that term in ORS 824.020.

(e) "Public transportation facility" means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

(f) "Telecommunications carrier" has the meaning given that term in ORS 133.721.

(3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4]

164.366 [1957 c.714 §§2,6(2); repealed by 1971 c.743 §432]

164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

(1) Against multiple victims in the same course of conduct; or

(2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 §12]

Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

164.368 [1957 c.714 §3; repealed by 1971 c.743 §432]

164.369 [1989 c.584 §4; 2003 c.543 §5; renumbered 167.337 in 2003]

164.370 [Repealed by 1971 c.743 §432]

164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

(a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

(b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

(2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 §5]

164.377 Computer crime. (1) As used in this section:

(a) To "access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

(b) "Computer" means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

(c) "Computer network" means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

(d) "Computer program" means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

(e) "Computer software" means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

(f) "Computer system" means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. "Computer system" also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

(g) "Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. "Data" may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. "Data" includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

(h) "Property" includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

(i) "Proprietary information" includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers' records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

(j) "Services" include, but are not limited to, computer time, data processing and storage functions.

(2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

(a) Devising or executing any scheme or artifice to defraud;

(b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

(c) Committing theft, including, but not limited to, theft of proprietary information.

(3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

(b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 §8; 1989 c.737 §1; 1991 c.962 §17; 2001 c.870 §18]

164.380 [Repealed by 1971 c.743 §432]

If temporary chalk and more permenent markers (paint, etching, sharpie) carry the same weight as far as severity of sentencing goes, guess which ones make the most sense to use.
I still don't understand how mucous could cause more than $750 in damage to the sidewalk.
Thanks for posting this, MikeD

164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility; or

(b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

(c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle which the person is operating; except that this subsection shall not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Department of Transportation or a person operating a school bus described under ORS 801.460.

(2) As used in this section, "public way" includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

(3) As used in this section, "public transportation facility" has the meaning provided for in ORS 164.365.

(4) Offensive littering is a Class C misdemeanor. [1971 c.743 §283; 1975 c.344 §2; 1983 c.338 §897; 1985 c.420 §20]

We do what we can, sorry we missed it, Sky; though, I'm glad you have someone advising you.

I'm not an attorney, but it all sounds pretty thin. The thing is, police can arrest you for just about anything and whether they can actually prove it or do anything about it later is the real issue. Hopefully we will have more legal observers out as the police presence has grown in just the past three weeks that I've seen. Keep up the good work, and be careful.

Interesting. Late last year, soldiers who tortured a man to death were acquitted of any wrongdoing because, well, you know, sometimes a man's gotta do what a man's gotta do. Closer to home, two sadistic cops from Clackamas County were just cleared of wrongdoing after they tortured, tasered, and shot to death an unarmed, injured man. Both cops admit to their crimes, but scoff at justice. Neither had to go to jail, neither got so much as a fine. But someone who draws on the sidewalk with chalk goes to jail. Hmmmm. Makes perfect sense in an evil dictatorship.

I don't know if this still applies, but, according to a July 2001 letter from local attorney Greg Kafoury, chalking was legal ... though cops would try to tell you it wasn't... thus the below and attached letter.

---------

Text transcribed from copy of Memo from Kafoury & McDougal, Portland Oregon

July 25, 2001

There is no city statute in Portland which outlaws the use of chalk on public sidewalks.

The only related state statute is ORS 164.381, et seq. This section does not make applying chalk on a public

sidewalk an offense, because the statute only covers an act with "intentionally damages property." ORS 164.383.

Chalk is readily washable, and since it does not alter the sidewalk itself, there is no damage.

It is my intent that this be relied upon by persons who may wish to put temporary chalk inscriptions on public

sidewalks for political or civic purposes.

Sincerely,

Gregory Kafoury

cc: Michael Schrunk, Multnomah County District Attorney
Linda Meng, Deputy Portland City Attorney

Thanks

Notice the memo specifically says intentionally damages property.
I did not intentionally damage any property because I was unaware of the area of sidewalk I wrote on was private.

Hey, I would like to come to the demonstration. Do I have to bring my own sign, or will they be provided? Thanks.

We have plenty of signs so come join us!

Chicken Not So Little -- Signs are provided at both the Schumacher Fur and KFC Protests. I have seen some people make their own signs however.

We definitely would enjoy the company.

interesting dialogue

To update you guys, I've got an attourny so I'm hoping for the best and I'm confident that I was wrongfully arrested.


I also have a question. I don't know where else to post this because I'm new to the Indymedia site, so I'll just post this here:

Is there anyone interested in having reguler Walmart protests? There is a Walmart at 8200 SE Holgate Blvd on 82nd. I think we should make some signs and hold some protests and hopefully organize a protest to get people there. It could be a bi-weekly or monthly deal, but I'm really passionate about it and wanted to know who else was interested.

You might want to post this up the page a little bit. Just hit the "Publish" button on the upper right hand side of the page and fill out the form. Some of us have really short attention spans and don't revisit articles past the first couple of days that they are posted. Glad to hear that you have representation. Some people chalked the heck out of Schumacher's on Sat. and no one got arrested, go figure.