Well, the scheduling of item 2 is likely an indication of the verdict in item 1 and the decision on whether the permit ordinance is constitutional (item 3)

I do think that keeping Wes tied up in court for years, and possibly in jail for some time, is probably a blessing in disguise, since we can now see what the limits of the pigs are. Also, this will be a good case study in how to beat the courts, by avoiding the mistakes Wes made. I'll be gong down to the jail the day they take Wes away to beat my drum in protest. Who will join me?

Wish we could be there for you Wes. You're an awesome guy, and an inspiration. Hang in there.
-Your friends in Tucson.

Wes is being scapegoated. More evidence for the growing Police State. In any case we will be driving down from the East Bay.

Court finds with City in Continuing Harassment of DIY Activist

August 16th, Santa Cruz - Anarchists activists and former parade organizer Wes Modes was found guilty this morning of walking in the DIY New Year's parade along with thousands of other participants. Santa Cruz Superior Court Judge Jeff Almquist rejected arguments that the citation was discriminatory and that the city's permit requirements were unconstitutional.

Judge Almquist denied that the law was applied discriminatory, despite defense witnesses at trial who testified that they had also marched in the parade, and even wrote and called the city attorney and council to say they participated in the unpermitted parade and had received no citation.

Judge Almquist also denied a lengthy challenge to the City's permit requirements without addressing all of the points it brought up. According to a constitutional brief filed by Modes' lawyer Jonathan Gettleman after trial, "in order to express one's constitutional rights in a public forum in the City of Santa Cruz, participants must pay high variable fees, obtain a million dollar insurance policy, tell everyone in the vacinity od their intention, obtain a complicated permit, indemnify the City from all liability, and pay the meter fee for everyone who might have parked their car and paid for it along the 'marching' route." Defense argued that this is "an overbroad delegation of authority to government officials to control free speech and assemble," a chilling of free speech, and a constitutional violation.

The decision is the final stage of Wes Modes battle with the City over participation in the Last Night DIY Parade along with thousands of others. A visibly disappointed Modes told a crowd of supporters, "As part of the same system of cops and prisons, was I thinking the courts might offer fairness? I know better than that."

According to parade participants, the parade conviction is the latest in a series of police and city harassment that Modes has received since outing police infiltrators in 2005.

Background

The Last Night Do-It-Yourself New Year's Parade is a Santa Cruz tradition since 2005. Modes helped organize the first DIY Parade which eschewed City permits. Police send undercover officers into community organizing meetings for several months, monitoring organizers and other first amendment activities. The city's own police auditor concluded that police had violated the civil rights of citizens. Under pressure from Modes and the ACLU, the city adapted guidelines on SCPD undercover activities.

The celebration itself became a Santa Cruz tradition. Families line Pacific to watch the parade, which is filled with musicians, puppets, jugglers and unicyclers. The event provided a safe and free way for locals to enjoy downtown on New Year's Eve. Though in 2009, city council member Mike Rotkin and the SCPD have grumbled about organizers not paying for permits, all the event details, including clean up and traffic control, is taken care of by event participants. Said Modes, "The parade is an example of communities coming together to create a diverse and interesting celebration without the help of the city, businesses, or institutions."

Go to http://www.indybay.org/newsitems/2010/08/16/18656181.php?show_comments=1#18656195 for more commentary.