Humboldt County Sheriff officers arrested a half dozen protestors Saturday night on the steps of the County Courthouse.
A crowd of around 120 had assembled in answer to an invitation to a post-Arts Alive! candlelight vigil to protest the “urgency ordinance” passed March 27 by the Board of Supervisors in response to complaints about the actions of Occupy Eureka protestors.
Among other things, the new ordinance restricts protests to the sidewalk in front of the courthouse between the hours of 9:30 p.m. and 6 a.m. The candlelight protest was scheduled to start at 9 p.m. and run at least until 10.
At around 9:45 p.m. a Sheriff Deputy warned protestors on the courthouse steps that they would have to leave that area or face arrest.
Bill Thompson and Richard Gilchrist opted to stand their ground and commit civil disobedience.
They were arrested just before 10 p.m. and taken to jail. Gilchrist, age 76, is a Vietnam veteran; Thompson, age 82, is a veteran of the Korean War and a survivor of the battle of Pork Chop Hill. Both are active in the local chapter of Veterans for Peace and have participated in Friday evening anti-war vigils at the courthouse and on the Arcata Plaza for years.
“I wanted to get a bunch of people out there to defend the First Amendment in light of the emergency ordinance,” said organizer Dave Meserve, a former Arcata city councilman. “A lot of people feel it’s a violation. Beyond that you have cops out there doing their job and people making a statement by being arrested.”
The officers returned around 45 minutes later and arrested two more protestors: another member of Veterans for Peace Robin Donald and activist Kim “Verbena” Starr, who has been part of the Occupy Eureka protest since the beginning. Starr was arrested March 31, with three others in a similar protest against the ordinance. According to Occupy stalwart James Decker, two other protestors were arrested and taken to jail later. All six arrestees were released last night.
“I think there’s a big amount of concern about what the Board of Supervisors did,” Meserve added. “I don’t know what the next step is, but we have to keep the pressure on.”
This article appears in The World is Yours, Oyster Farmer.
Those vets are awesome. Talk about having patience! They’ve been through war, made it past 3 quarters of a century, and some punk cop is trying to shove a pen in their face and they don’t even flinch. Wow, way to go EPD. Way to respect your forerunners. They worked for the government too, did their time, and made it out just to deal with this sort of disrespect?! Not to join in with the chanting though to do just that; “Shame on you,” Eureka PD and Board of Sups.
I think the arrests were done by County Sheriff’s deputies. They are enforcing the law, as is their job. The law was passed by Virginia Bass, Clif Clendenen, Jimmy Smith, and Ryan Sundberg.
The job of law enforcement is to enforce the law. The job of making the law belongs locally to the members of the Board of Supervisors. The job of deciding whether a law passed by the Board of Supervisors is itself legal belongs to the courts.
If the courts were to call for the arrest of the Sheriff and Board of Supervisors for abuse of the United States Constitution, I would hope and expect that the deputies would enforce the courts’ decision, rather than engage in their own speculation as to whether the decision is justified. So I have to expect that the deputies will enforce the emergency ordinance, flawed and illegal as I believe it to be.
If you’re going to “just do your job,” then do it in the manner most respectable to yourself and the people you work for.
Police are supposed to be “peace officers” (hah, I know -.-‘)…arresting members of Vets for Peace who also happen to be citizens that the police are sworn in to “protect and serve” is just loony. Really, there is no other way to put it.
There really seems to be many in the Humboldt legal system trying to make this an unfriendly region to live and work or to even retired. Can you imagine being a business entrepreneur and seeing this bull? I’m beginning to understand why more and more locals move (and take their resources and hopes) elsewhere. Why would anyone want to grow older in this county with jerks on the council and epd discrediting all the knowledge brought to someone who has lived a long and hearty life. Those vets have something to say, and it’s a sad shame they are being silenced after all the experience they’ve gained.
I love this county, though wooooow. Vets who dedicate their time towards peace ( and real peace not like the peace part of “peace officer”) who have been holding weekly vigils over many years for their fallen comrades who also served this county and country are being arrested and worst of all, arrested in a big ol’ “F.U.” manner. Not saying that is driving me away (sorry, have to try harder than that) though oh my goodness, those guys went through some serious traumas in honor of duty to the US and THAT is how they are treated?
There have been a few economic conferences and discussions in the county lately and uh, if you’re wondering how to help out the economy in a dying region then try this: RESPECT YOUR ELDERS. (You don’t have to agree with them, just give a go at hearing them out. At least, don’t waste city (or county or even federal) funds on arresting them for chilling on some court lawn. Get them some lemonade or something, though arresting them?
Oh, Humboldt. This isn’t about punk occu-kids versus punk-cops anymore (and it never really was, symbolism is part of the American Way). It’s a matter of respect, really. Respect yourself, respect others, sha la la. This is so obviously not how to be a respecting and respectable region. We’re a small county with a lot of personality, it’s just so baffling as to how this sort of crud has become the norm out here. We’re better than that, I wish the legal sector of Humboldt would start acting like it.
(Obviously my nerve was hit. Vets for peace…arrested…of all stupid occurences that shouldn’t ever happen in this context…)
@Talvi – You have an obvious bias against EPD in particular and law enforcement in general. No where in the pictures or story was EPD even mentioned, yet you single them out. If you don’t like a law, get it changed. But “peace officers” are also “law enforcement officers.” It’s their job to ENFORCE the law. It’s the Board of Supervisors who CREATED the law for law enforcement to ENFORCE. It’s up to the courts to decide if there was a violation of law. Understand BASIC civics lessons before criticizing law enforcement!
No, I assumed (incorrectly) that it was the EPD. Yes, it is a bias towards thinking it is them to do the arresting the other night because this all occurred at the Eureka Courthouse which used to be more-so patrolled by EPD than any other dept.s. (Read my last post again and inform me of where I said “epd.” Only in my first did I mention them. Whoops, okay. It wasn’t the EPD.) Whoever it was really is irrelevant. That it’s happening at all is relevant. That anyone needs to bother with fighting laws that were unfairly pushed forward (such as this particular 9pm ordinance) because a group of veterans (or any other group) trying to have a voice are being arrested is pathetic. That you’re making such petty arguments as “just change the law if you don’t like it!” is sad because you reflect the opinion of many others probably. There shouldn’t be the need for all this. It really is a sad shame. (And hah, I’m definitely doing something about it. Are you?)
Whoops! I totally did say “epd.” Hah, it’s easier to say than “epd, highway patrol, every other department involved, etc.” Well, whichever department it was; the meaning is the same.
Just to clarify; my argument against the department (whichever) who enforced the new ordinance during the vigil was that they did so in a manner disrespect and unbecoming to the symbols they’re supposed to stand for and to Humboldt County and especially to the vets and to citizens and and and lots more.
It is not the job of the police to enforce illegal laws. When they become the tools of our oppressors, that is when they need to make the choice not to participate in this oppression of fellow Americans.
Odd, don’t see Richard Salzman in the crowd, and it was his and Meserve’s party.
Odd, If I’d have known it was Mr. Salzman’s party I would have told him thank you when I saw him.
Talvi, Thank you for your thoughts. Let’s assume the best– that the Deputy Sheriffs actually agree with us that the law isn’t constitutional. What would not enforcing the law do? One very frustrating thing was that for months EPD would order OE to take down signs or confiscate them. It was better when they started just taking them down and leaving them. But it didn’t settle the issue of whether or not posting signs on the fence was illegal or constitutionally protected free speech.
After they started making arrests the DA weighed in and discovered the law they were citing only mentioned signs about “commodities” and so told law enforcement he couldn’t prosecute 1st Amendment related signs. According to the paper both the Sheriff and EPD’s Interim Chief had hissy fits.
suddenly there was an “emergency” and a new law passed outlawing not only the signs but tables and easy-ups and candle light vigils. So by enforcing it the Deputy sheriffs are moving it forward, at least in their minds.
Law enforcement, the Board of Sups, the CAO have all been told by County Counsel that it is legal. Now, I think the Board could have asked more questions, the DA could once again say he can’t prosecute, the CAO could have said he had doubts. In fact, County Counsel could have provided a bit more input on when time, place and manner restrictions have not been found to be constitutional. But no one wants to question it. It isn’t politically correct to side with OE.
Was there a need to hand-cuff the Veterans? It would have been a simple show of respect not to. But, would the Veterans for Peace want them to risk their jobs over some handcuffs?
Mitch, everyday law enforcement officers on the streets make decisions about what laws to enforce and when. I know that SOME members of EPD chose to ignore some things in front of the courthouse until they got out of control and at times chose enforcing the sign law over other safety related laws. This is deeply troubling and so I understand Talvi’s comments.
I am Robin Donald and I was arrested along with Richard Gilchrist and Bill Thompson, both members of Veterans for Peace. While it is incorrect to state that I am a member of Veterans for Peace, I am proud to be associated with the courageous members of this organization. In my mind the greatest act of bravery conducted by these Veterans is their stand for peace and justice, against war and oppression.
While arresting us the Sherif’f”s Deputies said that they were following the law or ordinance made by the Humboldt County Board of Supervisors. I asked if they had heard of the Nuremberg Trials. These trials were conducted after World War II to determine if any of the acts of German soldiers constituted war crimes. Many of the people on trial claimed that they were innocent of individual culpability because they were “following orders.” But the Judges at Nuremberg ruled that “following orders” did not absolve individuals from being held responsibility for criminal activity.
One of the Deputy’s said he had heard of the Nuremberg Trials. Perhaps he did not know of the above ruling. In any case, I was troubled by the fact that, knowing about the Trials, he was still defending his actions by saying that he was “following orders.” All of our men and women in the military or domestic policing bodies have to be prepared to assess the laws they are being ordered to enforce in the light of this lesson from the Nuremberg Trials.
Not only so that they don’t get found guilty of committing crimes against humanity, but mainly to that they don’t participate in crimes against humanity.
In case some people are not aware… the law enforcement officers are not legally obligated to protect you…
Has anyone mentioned that we are not in Germany? How could the Nuremburg Trials be used as a precedent for what’s happening at our courthouse? It’s because of the wanna be Occupiers this is happening. If they would have left when they were asked to, then they wouldn’t have ruined it for the actual people/groups that had a message to convey.
I’m not sure that bringing Nuremberg into things is helpful, but it’s become shorthand for the fact that “just following orders” does not prevent someone from being convicted for war crimes.
“War crimes” are so far removed from the situation at hand that referring to Nuremberg is bound to cause confusion and some ridicule. But the trials were not conducted by Germany, they were conducted by the victorious Allied forces, and they established an international precedent.
Oops, the prior comment was addressed to who cares, but was written by me.
Salzman? Get arrested? Sit out in the cold? In the rain? And the dark?
Heck no. He has people for that. He’s in the 1% of the activist hierarchy. (Well, ok, maybe he’s down in the 5% tier.)
I attended the vigil. I think it’s unfortunate that the face of Occupy Eureka became a homeless drunk pissing on the sidewalk, because it hid the true nature of the protest and played into the establishment’s attempts to turn back the suring dismay and disgust of the 99%. Hopefully, as we go along, we will find ever bigger and better opportunities to push back against the forces driving us toward an age of neo-barbarism.
Two comments. First:
Dave Meserve deserves all of the credit for orchestrating this well attended vigil on Saturday evening (I just posted his My Word announcing the event on my listserve).
more:
While I was proud to spend that brief hour and half on Saturday night holding a candle and standing in solidarity with those who have stood stoically in front of our courthouse day and night since October, I was careful not to break any laws that evening. In fact I stopped to chat with one of the first Sheriff’s Deputies on the scene to ask if he knew if Murl had any plans for the EPD to arrest people for obstructing the sidewalk once the Deputies had moved them all there and off of county property, to which he said it was his understanding that would not happen (that evening).
I’m in agreement with Mitch, these deputies were only caring out the law as enacted by the Board of Supervisors.
While LEO’s can, should and do use some discretion and judgement as to when and how they enforce which laws, from what I witnessed the Deputies on the most part handled themselves very responsibly and offered the protesters every opportunity to comply with the law and only arrested those few who were there with the intention of committing an “act of civil disobedience”, which one does expecting to be arrested. What is not expected is what we saw for example on the campus in Chico where peaceful protests (all registered students of the Cal State campus on whose grounds they were sitting, in midday) were doused in military grade pepper spay. A pain compliance technique which has a rich history right here in Humboldt County were under previous administrations and leadership, the technique was first “experimentally” used by our own Sheriff’s Deputies.
I witnessed no such violations of the Eight Amendment (cruel and unusual punishment) being committed by the LEO’s who I though handled themselves well last Saturday night.
No the fault here lies with the Board of Supervisors who passed an unnecessary and broadly overreaching law. So overreaching in fact that even the moderates over at the Times Standard expressed outrage in their editorial on the matter.
more:
Case law may well support the right of County Governments to regulate “time manner and place” of protesters, but no reasonable person (Rose would of course be excused here) can read the First Amendment of our Constitution, which: “prohibits the making of any law… abridging the freedom of speech, …interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.”.
Wow, that’s pretty damn clear isn’t it?
Much more clear even then the obscurity of the second amendment (which as a gun owner I support) with its reference to the necessity of “…a well regulated militia…”. That does not make it clear as to my absolute right to own any and all guns, as I am NOT a member of any militia, well regulated or otherwise.
(more)
As to camping overnight, do you really think that in 1776 when citizens would have had to travel for days or weeks by horse or buggy or on foot, to get to the seat of government that some of them would not have in fact “camped” when they got there?
The Times Standard editorial board, Dave Meserve in his My Word, Marcy Burstiner in her Media Maven article in the NCJ and others have all done a wonderful job breaking down the distinctions between those social ills which are being both attracted to, and magnified by, the Occupy Eureka protest. But our Supervisors’ solution of “lock ’em all up” (or in this case, “outlaw all of them together”), as a way to address those social ills, when the true political protesters of Occupy Eureka have rarely if ever contributed to the unacceptable actions which the BoS has used to justify its new law, is mind boggling!
Mostly it just make (them) our government look lazy and frankly, not all that bright.
As to any congestion when entering on the 5th St side (we all know there is a 4th street entrance where you can avoid the protesters completely, right?), that congestion has been caused solely by the county when it chose to fence off 3/4 of the public space in front of the courthouse!
BTW, they still claim the fence in up only “to let the lawn grow back”, never mind that they’ve had to mow the lawn four times since the fence was erected!
(more)
Saturday night was a good first step, and while anyone who knows me, including Rose-holier-than-thou-Welsh, knows that when I work on a campaign or for a cause, I carry my own weight and maybe a little extra, but it is going to take a lot more activism and political pressure on the Board of Supervisors by hundreds if not thousands of Humboldt residents in order to convince them to change this unnecessary and immoral (even if proven to be technically legal) ordinance.
(lastly)
I would certainly encourage everyone who can afford the inherit risk of doing so to contact all of the Supervisors and their own in particular, and implore them to find a more nuanced solution to whatever they perceive as the problem here and to restore our Constitutional right to assemble, day or night.
Here’s the Sups phone numbers in numerical order by district to contact them directly:
Jimmy R. Smith
476-2391
Cliff Clendenen
476-2392
Mark Lovelace
476-2393
Virginia Bass
476-2394
Ryan Sundberg
476-2395
I hate to disagree with Richard, but I am convinced that this ordinance is clearly unconstitutional, even given the current supreme court.
I’ve put various cites up at the Herald comments, and here’s one critical one, straight from Clark v CCNV, which is (I think) being used to try to justify this ordinance. Notice that the court’s decision in support of Clark is, in part, because Clark left the demonstration intact, complete with symbolic city, signs, and 24 hour attendance. All that Clark’s regulation forbade was sleeping/camping in a National Park area that was not designated for camping.
“Neither was the regulation faulted, nor could it be, on the ground that, without overnight sleeping, the plight of the homeless could not be communicated in other ways. The regulation otherwise left the demonstration intact, with its symbolic city, signs, and the presence of those who were willing to take their turns in a day-and-night vigil.”
The full text is here:
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0468_0288_ZO.html
The shield of our Constitution has been breached.
Our pen runs dry because we have been denied the ink.
This leaves only our sword to speak for us.
-shrox
I sincerely hope that Mitch is right and I am wrong as to the ability of this ordinance to withstand a court challenge. I certainly agree that it should not hold up in court.
Since it seems unlikely that the current BoS is going to show the wisdom to rectify this situation on their own, a lawsuit which will come at taxpayers’ expense may be the only remedy with which we’re left.
The City of Arcata is currently running up a significant bill with their outside council, who charges them by the hour, learning that very lesson in regards to their new law which restricts what the “content” of a sign can say that one holds up in public.
Richard “dickless” Salzman should be the last person anyone listens too. He is slime and should be in jail.
Let’s say the ordinance gets reversed and you are allowed to camp out on the courthouse steps 24/7. What do you honestly think you will accomplish by doing this?
There is no constitutional right to camp on the courthouse lawn or steps. That has been clear from the start. There is also no constitutional right to defecate in public, or to harass and frighten people entering and exiting the courthouse.
The constitutional right is the right to be present at the courthouse for the purpose of spreading one’s message. The courthouse lawn is the traditional place for protest in this county. It should be available to the public 24 hours a day, and members of the public must have the ability to present their concerns with signs so that passing traffic can see what they have to say. The courthouse lawn has been used for protest for as long as I can remember, and banishing protest from that lawn is unconstitutional.
I haven’t a clue what people think they will accomplish by protesting on the courthouse lawn. But they have the right to do that, if this is still a free country.
Well Mitch, if you’re going to fight for something shouldn’t you make damn sure you have a clear goal in mind? Right now it seems occupiers are just wanting to be contrary. Really, camping at the courthouse after 9:30 pm accomplishes what? The “99%” they claim to represent are getting ready for bed at that time because they have to work in the morning!
I am sure those veterans for peace, god love them, probably “followed orders” too while in Viet Nam and Korea.
M’airie (above) implies that the veteran protesters are “following orders.” Ironically, this is the sort of loopy suggestion that only the blind followers of Fox News could make.
Enough of this already! If you don’t like the rules run for office! The courthouse is not a campground. OWS has made it’s point. Now do something other than complain. I’m sick of this shit already. I get it! There is corruption in government. There is corruption between government and big business. I get it! So do something about it or shut up already! The demonstrations here have taken away from the point about corruption. And have instead turned it into a circus. More action is required.You can’t just bark and protest. At some point you have to grow up and engage the system from the inside to make changes. I hope Verbena has a breakthrough and realizes that she isn’t helping anyone. She is an idiot. All you OWS followers need to start a political party, shit, or get off the pot. This is freakin ridiculous already!
Thanks for the overly-emphatic suggestions, Evan, but since you begged the question, what are you doing about it?
My comment, Joel, was in the past tense.
These men were not arrested for defecating. Nor were they arrested for urinating, littering or camping. They were peacefully assembled in a public place, at 9:45 p.m., and for that, they were arrested. It is unconstitutional.
Period.
“It is unconstitutional. Period.”
Love the bold statement. So bold, yet so incredibily wrong as already shown in numerous court cases.