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Drum Circle Back in Business; Daytime Copwatch/Chowdown Tomorrow
Drummers returned slowly at first and then in good numbers to Parking Lot #4 next to the Farmer's Market today, in spite of Sgt. Michael Harms successful removal program of the week before.
Tomorrow, in a follow-up to last Saturday's Copwatch/Chowdown/Sleepout, homeless activists will meet at Bad Ass Coffee at 11:30 AM to set up a noon-time Copwatch and feed.
Tomorrow, in a follow-up to last Saturday's Copwatch/Chowdown/Sleepout, homeless activists will meet at Bad Ass Coffee at 11:30 AM to set up a noon-time Copwatch and feed.
LAST WEEK'S HARASSMENT
Last Wednesday fence relocation experts reported that Sgt. Michael Harms was surveilling the scene both from his squad car and from the distant flower shop with binoculars. He reportedly moved in to threaten those removing the fence or trying to set up drums in the traditional drumming area with tickets---either for vandalizing city property or socializing in a public parking lot (not clear which). His armed and uniformed presence significantly discouraged and drove away the Drum Circle on December 3rd.
(See "Police Car Baby-sits a non-existant Farmer's Market Drum Circle" at http://www.indybay.org/newsitems/2008/12/03/18553519.php and "Threatened with a ticket, I continued playing at the drum circle." at http://www.indybay.org/newsitems/2008/12/05/18553732.php)
I spoke with Sgt. Harms at some length yesterday, as he was sergeant at arms at City Council in the last Council session of the year, and will be playing some audio of our chat either tomorrow night (6-8 PM 101.1 FM http://www.freakradio.org) or Sunday morning (9:30 AM - 1 PM).
WHAT A DIFFERENCE A WEEK MAKES
Today, the green mesh fencing was up around the three gathering spots under the trees in the parking lot at Cedar and Chestnut before noon today. I parked next to the fenced off area historically used by drummers, and wandered away. When I got back around 1 or so, two segments of the fence had been removed to allow passage through the fence. When I returned somewhat later, the entire fence had been taken down and only the support poles remained. Some minutes after that, even the poles (along with the fence, neatly rolled up) had been deposited in a bundle nearby.
The drummer threatened last week with tickets arrived with three drums, unwrapped them, and joined the burgeoning group. Nary a uniformed police officer nor squad car was in sight, though I had another lengthy conversation with Harms on Pacific Avenue about his enforcement practices.
The word on the streets: "Keep out of Harms' way". Apparently Harms was keeping out of the community's way this week. A good change.
COPWATCH TOMORROW
HUFF (Homeless United for Friendship & Freedom) heard some positive feedback from its Saturday night sleepoutcopwatch in front of Borders on the 60th Anniversary of the UN Declaration of Human Rights (see "Human Rights on the Street--Santa Cruz style" at http://www.indybay.org/newsitems/2008/12/08/18554038.php).
One regret we had was that there were so few police officers to accompany on their rounds to ensure they were not tempted to make unconstitutional, illegal, and discriminatory stops. At the weekly HUFF meeting, we decided to join the Xmas shoppers with videocameras and signs to provide documentation and commentary on the police stops downtown.
Jay, the musician, whose recent "sitting on the edge of a planter" ticket was dismissed in court because the harassing officer didn't show, received another one yesterday. Police have taken to illegally ticket musicians for "panhandling" when they play after dark.
However, the appropriate Municipal Code 9.10.010 clearly exempts musicians stating "A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in
appreciation for entertainment or a street performance he or she provides."
Likewise, weary folk, harassed for sitting within 14' of a building can take comfort from the exception section to the "No Sitting" ordinance (MC 9.50.014a) which exempts from the absurd and selectively enforced anti-homeless code "Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code." A person playing music is engaging in a "permitted event"--hence musicians can help sitters in this regard.
EXPLODING THE "UNREASONABLE NOISE" LAW
Finally, the unreasonable noise ordinance used to silence musicians reads
" 9.36.020 UNREASONABLY DISTURBING NOISES.
No person shall make, cause, suffer or permit to be made any noises or sounds (a) which are unreasonably disturbing or physically annoying to people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted. As used in this section, “lawfully conducted activities” shall include, but not be limited to, any and all activities conducted by the city for public health, safety or welfare purposes."
Notice that the noises (e.g. music) must be "unreasonably disturbing [or] physically annoying [or] so harsh...prolonged...unnatural..or unusual...as to cause physical discomfort" AND (and this is key) not be "necessary in connection..." with a legal activity. Playing music is legal. Making noise is necessary.
Hence the entire law (which applies 8 AM to 10 PM) seems to mean that police really have NO basis for telling musicians to stop performing because a merchant, resident, or cop may find the noise not to their liking.
Admittedly this has not been tested in court, but the plain wording of the ordinance seems to indicate both the harshness of the noise and its lack of connection with a legal activity must be shown.
RUBBISH FROM ROTKIN
Cautionary note: Mike Rotkin--in an interview on Free Radio last Sunday [http://www.radiolibre.org/brb/brb0681207.mp3] --insisted that the noise law didn't require both conditions to be met. Since he was on the Council in 1980 when the law was passed, you might regard him as an authority.
Still, it seems to me that the clear straightforward meaning of the words of the ordinance would seem to me to take precedence over his opinions.
We also must remember this is the same Rotkin (now our vice-mayor again), who denounced me last night at City Council. I confronted the Council (again) with the fact that 1500-2000 homeless will be sleeping outside nightly with space for less than 200 in walk-in emergency shelter and a Sleeping Ban in force throughout the city after 11 PM. Rotkin's response was to call me a liar and say "Santa Cruz spends more per capita than any city its size."
Rotkin is wrong about the expenditures, but even if he were right, it would show how badly the money is being spent, considering the limited amount of shelter available as the winter deepens.
No wonder they're running around cutting everything but the salaries of the bigwigs and the cops.
JOIN THE COPWATCH TOMORROW 11:30 AM AT BADASS COFFEE. Look for us on the street nearby in the noon hour thereafter. Call HUFF at 423-HUFF to volunteer and report bad experiences.
Last Wednesday fence relocation experts reported that Sgt. Michael Harms was surveilling the scene both from his squad car and from the distant flower shop with binoculars. He reportedly moved in to threaten those removing the fence or trying to set up drums in the traditional drumming area with tickets---either for vandalizing city property or socializing in a public parking lot (not clear which). His armed and uniformed presence significantly discouraged and drove away the Drum Circle on December 3rd.
(See "Police Car Baby-sits a non-existant Farmer's Market Drum Circle" at http://www.indybay.org/newsitems/2008/12/03/18553519.php and "Threatened with a ticket, I continued playing at the drum circle." at http://www.indybay.org/newsitems/2008/12/05/18553732.php)
I spoke with Sgt. Harms at some length yesterday, as he was sergeant at arms at City Council in the last Council session of the year, and will be playing some audio of our chat either tomorrow night (6-8 PM 101.1 FM http://www.freakradio.org) or Sunday morning (9:30 AM - 1 PM).
WHAT A DIFFERENCE A WEEK MAKES
Today, the green mesh fencing was up around the three gathering spots under the trees in the parking lot at Cedar and Chestnut before noon today. I parked next to the fenced off area historically used by drummers, and wandered away. When I got back around 1 or so, two segments of the fence had been removed to allow passage through the fence. When I returned somewhat later, the entire fence had been taken down and only the support poles remained. Some minutes after that, even the poles (along with the fence, neatly rolled up) had been deposited in a bundle nearby.
The drummer threatened last week with tickets arrived with three drums, unwrapped them, and joined the burgeoning group. Nary a uniformed police officer nor squad car was in sight, though I had another lengthy conversation with Harms on Pacific Avenue about his enforcement practices.
The word on the streets: "Keep out of Harms' way". Apparently Harms was keeping out of the community's way this week. A good change.
COPWATCH TOMORROW
HUFF (Homeless United for Friendship & Freedom) heard some positive feedback from its Saturday night sleepoutcopwatch in front of Borders on the 60th Anniversary of the UN Declaration of Human Rights (see "Human Rights on the Street--Santa Cruz style" at http://www.indybay.org/newsitems/2008/12/08/18554038.php).
One regret we had was that there were so few police officers to accompany on their rounds to ensure they were not tempted to make unconstitutional, illegal, and discriminatory stops. At the weekly HUFF meeting, we decided to join the Xmas shoppers with videocameras and signs to provide documentation and commentary on the police stops downtown.
Jay, the musician, whose recent "sitting on the edge of a planter" ticket was dismissed in court because the harassing officer didn't show, received another one yesterday. Police have taken to illegally ticket musicians for "panhandling" when they play after dark.
However, the appropriate Municipal Code 9.10.010 clearly exempts musicians stating "A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in
appreciation for entertainment or a street performance he or she provides."
Likewise, weary folk, harassed for sitting within 14' of a building can take comfort from the exception section to the "No Sitting" ordinance (MC 9.50.014a) which exempts from the absurd and selectively enforced anti-homeless code "Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code." A person playing music is engaging in a "permitted event"--hence musicians can help sitters in this regard.
EXPLODING THE "UNREASONABLE NOISE" LAW
Finally, the unreasonable noise ordinance used to silence musicians reads
" 9.36.020 UNREASONABLY DISTURBING NOISES.
No person shall make, cause, suffer or permit to be made any noises or sounds (a) which are unreasonably disturbing or physically annoying to people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted. As used in this section, “lawfully conducted activities” shall include, but not be limited to, any and all activities conducted by the city for public health, safety or welfare purposes."
Notice that the noises (e.g. music) must be "unreasonably disturbing [or] physically annoying [or] so harsh...prolonged...unnatural..or unusual...as to cause physical discomfort" AND (and this is key) not be "necessary in connection..." with a legal activity. Playing music is legal. Making noise is necessary.
Hence the entire law (which applies 8 AM to 10 PM) seems to mean that police really have NO basis for telling musicians to stop performing because a merchant, resident, or cop may find the noise not to their liking.
Admittedly this has not been tested in court, but the plain wording of the ordinance seems to indicate both the harshness of the noise and its lack of connection with a legal activity must be shown.
RUBBISH FROM ROTKIN
Cautionary note: Mike Rotkin--in an interview on Free Radio last Sunday [http://www.radiolibre.org/brb/brb0681207.mp3] --insisted that the noise law didn't require both conditions to be met. Since he was on the Council in 1980 when the law was passed, you might regard him as an authority.
Still, it seems to me that the clear straightforward meaning of the words of the ordinance would seem to me to take precedence over his opinions.
We also must remember this is the same Rotkin (now our vice-mayor again), who denounced me last night at City Council. I confronted the Council (again) with the fact that 1500-2000 homeless will be sleeping outside nightly with space for less than 200 in walk-in emergency shelter and a Sleeping Ban in force throughout the city after 11 PM. Rotkin's response was to call me a liar and say "Santa Cruz spends more per capita than any city its size."
Rotkin is wrong about the expenditures, but even if he were right, it would show how badly the money is being spent, considering the limited amount of shelter available as the winter deepens.
No wonder they're running around cutting everything but the salaries of the bigwigs and the cops.
JOIN THE COPWATCH TOMORROW 11:30 AM AT BADASS COFFEE. Look for us on the street nearby in the noon hour thereafter. Call HUFF at 423-HUFF to volunteer and report bad experiences.
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Comments
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I drove by (up Cedar St.) around 6:30 and saw a police car in the parking lot and people leaving en mass. It was late and getting cool, but it did look like the drummers had been rousted... Anybody got any info about that?
Getting rid of the unethical immoral sleeping ban is virutally cost free. It just takes a vote of the City Council, correct? Many many independent people ask for no monetary help when they are broke. They only ask to be left alone as all Americans (and others) have the right to be. It's not about money -- its about getting rid of the heartless sleeping ban and illiminating petty criminal ticketing of homeless youth who clearly need counseling and outreach instead.
Time to recall our electives and replace them with humans with compassion for our public service Not special interests groups like we have now for oil, concreat, more construction and to make us the rich and poor. Our current officials should be put in prison if we are to have justice in Santa Cruz or anywhere else. As we will see with the crimes of the past administration supported by our local officials that use the same illegal tactics.
This county is anti homeless anti Nature and anti Freedom.
The same policy of discrimination and illegal practices and harassment of the homeless and our Veterans from our Electives and especially from the police that know the City is breaking the law but does the bidding of the Black Alliance is shameful at the least. Bush and our other officials are in the same boat as the evil ones here The Black Alliance
Gore and Obama get their Money and Orders from the Banking Black Alliance.
Your Gas Prices went down as Obama takes control with The Lie that all is well.
Nothing will change we are going to war in Iran. If We do not stop injustice Here First now with the Lawbreakers in our courthouse and our Officials that want to control everything from who you marry to what you grow out of the ground it will get worse.
France and India produce Cars Made of Hemp that run on air. Our Black Alliance Bankers
Infrastructure of Oil and concreat is destroying our planet for greed with your help.
We can feed house clothe and give Medicine and care right now to all low income and homeless if they let us or we expell them and take back the 98% of the worlds wealth that these Black Alliance Bankers and their slaves control. From our buildings that we own paid for by our sweat and the blood of your Veterans.
Why do you think we have credit. This is planned by your Bankers to keep you working for them for nothing .
The Earth provides for all equally the bankers divide it up 98% for them 2% for us. you seem happy with this. This is the reality that they created for us that you are paying for.
The Veterans building is run by the same Black Alliance minions as demonstrated by their actions and those that rent their without Respect or compassion for our Veterans. 1 in 4 homeless are Veterans. War is not healthy. The VA will not fix our teeth. How about all you good citizens Dentists and others come to our aid as we died, disorientated, disabled and gave our all for you and your families and not one of you will step forward to remedy this crime and crimes committed by our City and county officials.
Provide us with an all access pass to life in abundance as the Earth provides for All without discrimination.
Until you stand up for your self they will keep sticking it in you.
Until you see zeitgeistmovie.com you will be a slave and do not have a clue.
Dare the Truth Change it demand it Do IT then Remove them. Put them in Prison Now.
we can do what we want this is our country and they do what we say. HELLO IS ANYONE OUT THERE?
This county is anti homeless anti Nature and anti Freedom.
The same policy of discrimination and illegal practices and harassment of the homeless and our Veterans from our Electives and especially from the police that know the City is breaking the law but does the bidding of the Black Alliance is shameful at the least. Bush and our other officials are in the same boat as the evil ones here The Black Alliance
Gore and Obama get their Money and Orders from the Banking Black Alliance.
Your Gas Prices went down as Obama takes control with The Lie that all is well.
Nothing will change we are going to war in Iran. If We do not stop injustice Here First now with the Lawbreakers in our courthouse and our Officials that want to control everything from who you marry to what you grow out of the ground it will get worse.
France and India produce Cars Made of Hemp that run on air. Our Black Alliance Bankers
Infrastructure of Oil and concreat is destroying our planet for greed with your help.
We can feed house clothe and give Medicine and care right now to all low income and homeless if they let us or we expell them and take back the 98% of the worlds wealth that these Black Alliance Bankers and their slaves control. From our buildings that we own paid for by our sweat and the blood of your Veterans.
Why do you think we have credit. This is planned by your Bankers to keep you working for them for nothing .
The Earth provides for all equally the bankers divide it up 98% for them 2% for us. you seem happy with this. This is the reality that they created for us that you are paying for.
The Veterans building is run by the same Black Alliance minions as demonstrated by their actions and those that rent their without Respect or compassion for our Veterans. 1 in 4 homeless are Veterans. War is not healthy. The VA will not fix our teeth. How about all you good citizens Dentists and others come to our aid as we died, disorientated, disabled and gave our all for you and your families and not one of you will step forward to remedy this crime and crimes committed by our City and county officials.
Provide us with an all access pass to life in abundance as the Earth provides for All without discrimination.
Until you stand up for your self they will keep sticking it in you.
Until you see zeitgeistmovie.com you will be a slave and do not have a clue.
Dare the Truth Change it demand it Do IT then Remove them. Put them in Prison Now.
we can do what we want this is our country and they do what we say. HELLO IS ANYONE OUT THERE?
Thanks for informing us that it's the BLACK BANKERS ALLIANCE keeping people homeless and oppressed, all this time I think it was the Evil Zionist Bankers Alliance! Don't I feel silly now!
Photo taken on December 10th at the drum circle in parking lot #4 at Cedar and Cathcart.
While copwatching today on Pacific Avenue, I got this report from two witnesses at the Drum Circle on Wednesday.
They reported that late Wednesday afternoon (around 6:30 PM)--about half an hour before the Drum Circle normally disperses in the winter, police arrived in search of a "young white guy with kinky hair". They were looking for some guy involved in an altercation in front of the candy/flower shop across Cathcart. They pulled out two suspects--neither of whom turned out to be the perp. But their presence reported frightening the rest of the drummers into leaving early.
"They grabbed these two guys. I didn't want them grabbing me," reported one drummer.
Actually the police would have had no cause to grab anyone else (except for the discredited and largely unused Parking Lot panic law).
Perhaps next time the cops clamber through, drummers will continue their beat. Lest police get the idea that by such dramatic entrances (without any real charges against anyone) they can frighten away everyone.
They reported that late Wednesday afternoon (around 6:30 PM)--about half an hour before the Drum Circle normally disperses in the winter, police arrived in search of a "young white guy with kinky hair". They were looking for some guy involved in an altercation in front of the candy/flower shop across Cathcart. They pulled out two suspects--neither of whom turned out to be the perp. But their presence reported frightening the rest of the drummers into leaving early.
"They grabbed these two guys. I didn't want them grabbing me," reported one drummer.
Actually the police would have had no cause to grab anyone else (except for the discredited and largely unused Parking Lot panic law).
Perhaps next time the cops clamber through, drummers will continue their beat. Lest police get the idea that by such dramatic entrances (without any real charges against anyone) they can frighten away everyone.
Robert:
In your last comment, you mention the cops came to the drum circle because they were looking for a suspect in an assault and battery. They "grabbed" two- (what does this mean? Physically grab and wrench away from the drum circle, or simply ask them to come over and talk to them? You're not clear on this) and then released them. Then, the rest of the drummers were freaked out by this, and left.
You appear to make the argument that the cops had no probable cause to come over to the drum circle, hinting that they fabricated their PC to disrupt the drumming.
Guess what, Robert. This is what's called "routine police work" and not exactly indicative of some sort of grand police conspiracy to shut down the drum circle. If the police have a physical description of a suspect, then it's in their job description to look for, identify, and if need be, arrest the individual in the interests of justice and public safety.
If you seriously think that the cops have nothing better to do than fabricate bullshit reasons to go after the always-innocent, never-worthy-of-fault drummers, then you're sorely mistaken. The drum circle hasn't been seriously threatened since the big incident during fall, and no one's been issued a ticket under the PLPL. Sometimes, a cigar is just a cigar, and routine police work is just that.
In your last comment, you mention the cops came to the drum circle because they were looking for a suspect in an assault and battery. They "grabbed" two- (what does this mean? Physically grab and wrench away from the drum circle, or simply ask them to come over and talk to them? You're not clear on this) and then released them. Then, the rest of the drummers were freaked out by this, and left.
You appear to make the argument that the cops had no probable cause to come over to the drum circle, hinting that they fabricated their PC to disrupt the drumming.
Guess what, Robert. This is what's called "routine police work" and not exactly indicative of some sort of grand police conspiracy to shut down the drum circle. If the police have a physical description of a suspect, then it's in their job description to look for, identify, and if need be, arrest the individual in the interests of justice and public safety.
If you seriously think that the cops have nothing better to do than fabricate bullshit reasons to go after the always-innocent, never-worthy-of-fault drummers, then you're sorely mistaken. The drum circle hasn't been seriously threatened since the big incident during fall, and no one's been issued a ticket under the PLPL. Sometimes, a cigar is just a cigar, and routine police work is just that.
Thanks for the update, Bob.
But then ex-residend said (about Norse's comment):
> You appear to make the argument that the cops had no probable cause to come over
> to the drum circle, hinting that they fabricated their PC to disrupt the drumming.
I had to go back and read Norse's comment to see if I missed something. Nope. The ex-resident needs to learn to read or he needs to put down his crack pipe... Actually, in all seriousness, I suspect ex-resident's reasoning is being filtered by his hostility.
But then ex-residend said (about Norse's comment):
> You appear to make the argument that the cops had no probable cause to come over
> to the drum circle, hinting that they fabricated their PC to disrupt the drumming.
I had to go back and read Norse's comment to see if I missed something. Nope. The ex-resident needs to learn to read or he needs to put down his crack pipe... Actually, in all seriousness, I suspect ex-resident's reasoning is being filtered by his hostility.
To rousting observer:
I was going by this statement:
"Lest police get the idea that by such dramatic entrances (without any real charges against anyone) they can frighten away everyone."
In light of such sparse details as provided by Mr. Norse, how else am I to interpret his statements?
Thanks for telling me to put down the crack pipe. Perhaps you'd like to reciprocate by stopping with the ad hominem attacks? I don't particularly like Norse's tactics or the way he alienates people, but I think his heart is in the right place.
I was going by this statement:
"Lest police get the idea that by such dramatic entrances (without any real charges against anyone) they can frighten away everyone."
In light of such sparse details as provided by Mr. Norse, how else am I to interpret his statements?
Thanks for telling me to put down the crack pipe. Perhaps you'd like to reciprocate by stopping with the ad hominem attacks? I don't particularly like Norse's tactics or the way he alienates people, but I think his heart is in the right place.
I wasn't present last Wednesday around 6:30 p.m. when the police either persuaded or (as some perceived it) "grabbed" two suspects. I don't doubt it was a real crime they were investigating. Nor that the drummers themselves "panicked"--though it was dark and getting on and they were likely to have broken up within the next hour or so anywahy, I was told.
My point was that Sgt. Harms and his afternoon squad have made a concerted effort to disperse the Drum Circle through various strategms. I don't think that was the purpose of the cops who came to the circle Wednesday necessarily, however it had that effect, because drummers are interested generally in drumming, not protesting, protective of their instruments, and not particularly big-time activists.
Who wants to fuck with the cops and/or get fucked with--if they can avoid it? Unfortunately if police policy is to harass on Pacific Avenue, use the PLPL to harass, and/or initiate Drug War Hysteria busts--you either bend over or devise away to resist. I'm hoping to see that resistance grow and find solidarity.
I encourage folks to look into regular Copwatching downtown.
My point was that Sgt. Harms and his afternoon squad have made a concerted effort to disperse the Drum Circle through various strategms. I don't think that was the purpose of the cops who came to the circle Wednesday necessarily, however it had that effect, because drummers are interested generally in drumming, not protesting, protective of their instruments, and not particularly big-time activists.
Who wants to fuck with the cops and/or get fucked with--if they can avoid it? Unfortunately if police policy is to harass on Pacific Avenue, use the PLPL to harass, and/or initiate Drug War Hysteria busts--you either bend over or devise away to resist. I'm hoping to see that resistance grow and find solidarity.
I encourage folks to look into regular Copwatching downtown.
Not very credible reporting. If the people your railing against (city works, cops) were to turn around and do the same, you'd laugh it off as a non-credible report.
...so I'm laughing it off.
...so I'm laughing it off.
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