We are Radicals (Deputy tells Occupy Fresno that Penal code trumps 1st Amendment

[annm4peace]

Run time: 08:03 https://www.youtube.com/watch?v=WU0Rg1gVQ1I   Posted on YouTube: November 07, 2011 By YouTube Member: occupyfresnomedia Views on YouTube: 73   Posted on DU: November 08, 2011 By DU Member: annm4peace Views on DU: 3548

 
Joseph Hunter, speaking as a mediator between the protesters and the authorities goes off and tells it how it is.

www.occupyfresnoca.com
http://twitter.com/#!/Occupyfresno
http://www.facebook.com/occupyfresnoca








To see what set this "Radical" off see here:

http://www.youtube.com/watch?v=5yB5o1kG9ZE

Fresno County Sheriffs Lt. Andriatti and Officer Neil Dadian talking about how local penal code trumps the constitution during OccupyFresno Arrests.

Occupy Fresno: OK, may I ask a question? May I ask a question?

Fresno Sheriffs: (Other Sheriff makes comment "As long as it's not... ???")

Occupy Fresno: Does the penal code here and ordinances that you've said that we're violating, trump the constitutional first amendment to peaceably assemble and protest the government?

Fresno Sheriffs: In this instance here, that is what we are enforcing. That penal code...

Occupy Fresno: Can you explain that?

Fresno Sheriffs: No, we're not going to.

[annm4peace]

1. just how many can they arrest?

Eight more courageous Occupy Fresno! activists were arrested early this morning.
Isn't this a perfect expression of power in this country? Corporations dominate the media; they have tens of thousands of lobbyists working 24-7 to control legislation and rule-making; they dictate election outcomes and elected officials with their campaign cash. And when a small group of citizens engage in legal dissent in a public park, the sheriffs are ordered to arrest them.

44 sherriff showed up to arrest more people tonight. (Sunday).
They came in riot gear with shields and also several k9 units all while trying to make peace with them.
This is what happens when county thinks that their penal code trumps the US constitution.



Please join me in calling Sheriff Margaret Mims. Her number is 488-3121.

If you are unable to talk with her directly, leave a message letting her know that you heard about the Occupy Fresno demonstrator, Michael Dominguez, who was arrested this afternoon in Courthouse Park for holding a sign!

My message to her was: I'm extremely upset about this and want her to reverse any charges against Michael Dominguez for exercising his right of free speech. I left my name and phone numbers for a call back.

Bob Navarro's message to KPFA:

I am Robert Navarro, an attorney working with the Occupy Fresno movement. As you may know, there have 2 sets of arrests, in the last 2 days, 15 in the first, then 8 in the second. However, this afternoon one of the protesters, Michael Dominguez (arrested in both group arrests) was in Courthouse Park sitting down holding a sign and was arrested, I am told, for holding a sign. He was told that the group had been warned that was "not allowed."

Yesterday, after I got out of jail, I spoke with the Fresno County Sheriffs who now have a 24/7 presence in Courthouse Park. They were of the belief that it was against the park ordinance to wave signs and chant because that constituted "a meeting" and one must have permit for a meeting in the Park. I pointed out, and they conceded, that the permit only applies to ten or more people. There were only 3 OF protesters there today when Dominguez was arrested.

I have called Sheriff Mims' office but was unable to speak with her directly. I would appreciate any investigation KPFA could do into this overt violation of the First Amendment.

OF will be filing a request for a TRO as soon as myself and other local attorney volunteers can put it together.

STAND WITH OCCUPY FRESNO!

[EFerrari]

2. When pressed, they never can verbalize why they are acting like thugs

because there is no justification.

[nineteen50]

3. Would that be based on the 10 amendment?

no the first is the first.

[nineteen50]

4. As King George said

I desire what is good. Therefore, everyone who does not agree
with me is a traitor.
King George III (1738 - 1820)

[annm4peace]

5. Fresno Co Sheriff attacks 1st Amendment as City of Fresno attacks the Homeless

It is amazing. Over 20 arrests for those participating in 1st Amendment rights.

and then at the same time.. City of Fresno and Fresno PD are removing the only shelter some of the Homeless in Fresno have.


http://www.indybay.org/newsitems/2011/11/07/18698136.php


"I arrived at the homeless encampment known as The Hill this morning at around 10 a.m. As I entered the area to begin taking pictures, I was immediately surrounded by three California Highway Patrolmen who told me to leave the area. They “escorted” me to the Public Information Officer for Caltrans who said I would not be allowed to enter the area where they were destroying tents and other structures of the homeless people who lived there. I was forced to stand outside of the fence and take photos from that distance, even though their were other photographers standing where I had just been removed from." from Mike Rhodes, editor of Community Alliance.


The destruction of The Hill began today with Caltrans destroying tents and other structures at the North end. This was part of a joint two week effort by Caltrans and the City of Fresno to destroy all of the homeless encampments in the downtown area.

The first person I talked to today, as I was walking towards The Hill on G street, was an older man who was crying and saying that they just destroyed his home. He said he had no where to go. Other homeless people were trying to save as many of their possessions as they could before the bulldozer got to their shelter. The City of Fresno gives lip service to helping people find housing, but none of the people I talked to today had a place to go.

The City of Fresno set up a tent on Santa Clara and G street and were helping homeless people fill out applications for housing, although nobody (as far as I know) is being offered immediate housing. The city said last week that they had 140 slots available (if you qualified) and that more might be available next year. Those vague promises seemed to mean little to the homeless, whose lives have been made more difficult by losing the only shelter they had.

Those 140 housing slots are a drop in the bucket for the 15,000 estimated homeless people in Fresno.

If you can come out and document (video or photos) the destruction of these homeless encampments, that would be great. Post your photos to Indybay, and/or send them to me so we can get them to our attorneys who are looking at, what appears to be, a violation of the federal court order stopping Caltrans and the City of Fresno from taking and immediately destroying homeless people’s property.

On Tuesday the "clean up" will continue - probably on Santa Clara and F street.

Earlier stories about this series of evictions can be seen at:

http://www.indybay.org/newsitems/2011/10/26/18695320.php

http://www.indybay.org/newsitems/2011/10/27/18695578.php

http://www.indybay.org/newsitems/2011/10/27/18695595.php

http://www.indybay.org/newsitems/2011/11/01/18696544.php

http://www.indybay.org/newsitems/2011/11/02/18696797.php

http://www.indybay.org/newsitems/2011/11/02/18696844.php

http://www.indybay.org/newsitems/2011/11/03/18697051.php
§

[dotymed]

15. Seriously, one of the major components of the OWS

movement is the right of people to Unionize (collective bargaining) to earn a decent living, when jobs become available. Our School Teachers and Firemen/women have already come under fire for their "exorbitant " pay. Of course the obscene "earnings" of the top 5% are justified?

Will the police Unions wake up before it is too late? Their pay and Unions may be one of the last to be attacked, because the wealthy currently need them to deny Americans their rights. If they are successful, then the Unionized police officers will be another government entity that must be stopped. Privatized police will earn less money, get fewer (or no) benefits and be completely corporate controlled.

Realize this "Peace keepers:" if the wealthy, corporate interests are successful in destroying our OWS movement, your services will be privatized. It is a part of the "Big Plan."

[dorksied]

6. The Constitution obviously no longer binds the powerful.

When the police can disregard the 1st Amendment of the Constitution of the United States of America at will, without reprisal or punishment, it makes that document worthless. There is no Constitution to protect the people when the powerful can circumvent the Constitution when it suits them.

[annm4peace]

7. Great comment

I love it

[ThomCat]

9. The constitution has never bound the powerful.

The powerful have always been able to ignore the constitution when it is only the powerless who are being abused.

Police and private security forces have always been used as thugs to violate what are supposed to be people's rights.

That is why an honest media has always been so important. The media has always been the only thing capable of organizing people into a force big enough, powerful enough to fight back.

If the official forms of the media have been consolidated and corrupted into ignoring or working against the people, it's a damned good thing that we all have the internet and so many decentralized applications so people can organize without approval or help from the official media.

With enough people working together, people can insist that the constitution does exist, and can't be ignored. But it takes a hell of a lot of people to force the police to listen, and even more people to force them to pretend to care.

[formercia]

14. Laws ar for the 'Little People, to keep them in line.

The boys say: "We don' need no steeenkin' laws." "We are the Law."

[Dont call me Shirley]

17. gwb said it was "just a piece of paper".

And his dad said they would succeed in creating their "new world order" aka same old brand of militaristic fascist authoritarianism on a global scale.

[nadinbrzezinski]

8. This is what we are fighting

This is the ...consequence of spur rendering rights.

[The Wizard]

10. Fresno

Home of Freerepublic.com.

[TheEuclideanOne]

11. Strange, where are all of the Freepers that normally

are so quick to tell you how much they love the Constitution? Crickets...Crickets...Crickets...

[RoccoR5955]

12. They're in their parents' basement as usual. n/t

[independentsrule]

13. Of Course... It's Fresno, I Live In Fresno...

Fresno is a Republican controlled strong haven between the more liberal San Francisco and Los Angeles cities.

This is why George Bush Junior and Senior both came to Fresno on their presidential campaign tours.

We have 580 KMJ talk radio and Ray Appleton here who is a Republican and advances Republican ideologies.

It doesn't surprise me that this is happening in Fresno. The police want to squash this before the Occupy crowds get too big.

[Deep13]

16. It is suprizing how many cops think so. nt

[midnight]

18. Sheriff's directions are introduced via: " In the name of the people"

I think the people include the 99 percent, and I think they are with the occupiers....

[Plucketeer]

19. I love these folks

sounding off in this very, very red part of California!