Street Report: Santa Cruz Wednesday Drum Circle Shut Down

Jonathan Gettleman, pro bono lawyer for homeless musician Anna Richardson, who fought the "Sleep Not Downtown Lest Ye Be Jailed" Injunction against her and Miguel de Leon for the last two years, sent me (and others) the following e-mail today.

For a partial discussion of that struggle, see "Jail for Sleep' Permanent Injunction Trial Resumes at http://www.indybay.org/newsitems/2010/08/12/18655926.php .

Gettleman was also attorney for activist Wes Modes fighting the "walk in a parade, get a citation" case. See "Activist Convicted of Marching in a Parade" at http://www.indybay.org/newsitems/2010/08/16/18656181.php .



FACILITATING AN OPEN FORM FOR THE RESOLUTION OF ISSUES RELATED TO PUBLIC PERFORMANCE ARTS IN DOWNTOWN SANTA CRUZ

Just a thought,

I offer this as a start of a conversation for those interested.

Perhaps we should collectively organize a meeting to discuss this apparent very limited tolerance for public performance arts in downtown Santa Cruz. Maybe a special session City Counsel meeting would be an apt forum or something less dominated by one party to this issue both with a professional facilitator and with abundant opportunity for participation. Perhaps even a working group. It would be nice to have a single forum for a truthful conversation with interested parties appearing so we can learn each other's positions and work towards harmonizing them. The city, business owners, the judiciary, the police, the performers, local rights advocates and the general public all have a stake in this issue. Without choosing sides, it is just seems fundamentally unfair that a certain group of more affluent, or at least less performance inclined, citizens seemingly have the power of law enforcement on their side almost exclusively to facilitate their agendas. This legitimate issue of the balance between the need for, and the enforcement of, local behavior laws vs. respect for the spirit of the rights embodied in the first amendment is not something that should be resolved by one side with less political power being cited, quietly wisked off to jail, and dumped into overcrowded courts. It is of no benefit to our overcrowded court system, to "the accused," to "the aggrieved" or to open public discourse for these matters to be resolved on an individual basis in a criminal justice system that was not designed to resolve or facilitate legitimate local social debate. Thank you for your consideration of my thoughts. Please feel free to forward this on to others who you believe may be interested. I encourage and welcome any additional thoughts on the matter.

Sincerely, Jonathan
Law Office of Jonathan Che Gettleman
223 River Street, Suite D
Santa Cruz, Ca 95060
Tel: (831) 427-2658
Fax: (831) 515-5228




Got any thoughts on Jonathan's proposal or yesterday's crackdown? Critics and supporters of the Drum Circle alike are invited to call in to discuss the crackdown on DIY events in public spaces today at 6:30 PM on Free Radio Santa Cruz at 101.1 FM and http://www.freakradio.org. Call in is, as ever, 831-427-3772.

The show will be archived at http://www.radiolibre.org/brb/brb110106.mp3 (likely about half an hour into the audio file.

You must be joking. This guy is a lawyer? Where did he go to school? Between the terrible syntax, the atrocious spelling (Wisked? Huh?) and the stunningly precarious grasp of issues, it's hard to believe he's got a college degree, much less an advanced one, or an admittance to the California Bar.

Criminy. No wonder Wes settled. I would've too. The risk of being put on the execution line because my lawyer was a moron would've been too high to ignore.

Don't censor this post, Indybay. I'm saying this in support of the cause. We need better legal representation than Gettleman, Wells, et al.

I am hesitant, even perhaps bias and cynical of City Officials ever listening and protecting the rights of the less affluent. However, you make some good points and elegantly written. It would worse to try and fail than to have never tried at all. I think its a good solid idea. It's going to be difficult to facilitate, keep fair, and not turn into the meeting that spawned from hell, but still worthy of a test in my humblest of of opinions.

This is a perfect example of why someone should be cop watching. Hiding badge numbers is as we know against the law but done more and more.

General info on doing Cop Watch
http://www.youtube.com/view_play_list?p=5EDF3CE742C598AE

I happened upon sgt. Harms downtown tonight.
I asked him about the arrest at the drum circle on the levee wednesday.
He said they didn't get a call but were driving through and found the levee walkway impassable.
He said they hadn't intended a crackdown of the scene.
He says that he is hoping that the drummers will adhere to the basic rules of the levee and keep the path passable.

I have some experience dealing with him. He helped to find compromise at the former farmer's market site.
He agreed to a list of agreements that the drummers maintained successfully until the farmer's market expansion crowded them out.
The drum circle wandered for many weeks as they tried to find a new home where they won't be continually hassled by police who claim
they're responding to citizen complaints. For several months now the drummers have spent a few hours one day a week along a stretch of the river levee between Broadway and Soquel Avenues. They are peaceful and usually self-regulating.

I'll visit them next week to have a short talk about options and to encourage and appreciate them. They've maintained this great tradition over many years and in the face of periodic police harassment. These folks just want to play their drums together. I'd like to see them do it for years to come.

The Drummers Moved to the side of the Narrow Bike path to let the police car Pass, The Car Did not Keepgoing. It Stopped and All the drummers were surrounded by the cops , Like Officer Auldridge did to you and asked for identification from James.
He could not produce it on the spur of the moment , it was dark, Harms gave him 30 seconds to produce it, Time was up and Pow!
They SCREWED HIM DOWN INTO A COP CAR AND AS HE WAS BEING SHOVED IN HE YELLED OUT THAT THEY WERE GONNA CHARGE HIM WITH : RESISTING ARREST!

FOR? NO I. D.? Uh.... Can I get a Cold Cup Of Coffee with Sugar that boils the coffee when i pour it into it?

I'm Not BuYin What Harms Is Sellin!

He Don't Dig Drums
And He Dont Know Jack!
And for The drum circle Shutdown.
He will never be excused, We'LL be comin Right Back!
Next week ! Next Month Next year!
Just Because We Want To.. As A Matter Of Fact!
So Tell Him when you See Em....
We Are Drummers,And we know about gettin Jacked!
We dont need his pithy sidewalk rules....
Or his Often Stupid look ,
When he plays you for a Fool!
Why he dont look for real crime?
Because He Didnt read His Rules..

Hi Brent,

Here's a thought, maybe we should do the drum circle down at the beach? Probably a lot less hassle from the cops there. I've seen all kinds of renegade parties, from fire-spinners to drum circles at the beach. No permits, no hassles probably.

any thoughts, any other drummers out there?

J.M. Brown's Sentinel story on this incident is "Drum circle struggle pops up again: Police arrest man on the levee after breaking up group" at http://www.santacruzsentinel.com/ci_17032245 .

It's his usual over-quoting of the SCPD spin doc Zach Friend with additional biased and leading language. Police & Mayor get twice as much coverage as those victimized or concerned.



RUNNING ROUGHSHOT OVER THE RIFFRAFF

J.M. Brown's leading language and uncritical relaying of Zachspeak:

"Drug and alcohol use" (none found or charged);

"[drum circle] former occupied a downtown parking lot adjacent to the weekly farmer's market" (the circle shared the parking lot with vehicles, passersby, community members watching, dancing, eating; the area is now literally occupied and preempted by commercial businesses masquerading as Farmer's Market members with Manthri Srinath's Lulu Carpenter's stand preempting the spot under the central tree where the Drum Circle formerly played);

"50 people gathered with backpacks and bikes, blocking the levee pathway used by pedestrians and bicyclists" (the obstructing claim is by Zack Friend, disputed by the original reporter Drum Circle Dave who filed the story; David added that there was room enough for the police car--which takes up the entire path when it rides along the levee--to drive by after he moved his chair; the car then stopped; the cops came back and dispersed the circle anyway, according to David's report on Free Radio last night);

"asked participants to move along because they were obstructing the path and occupying a park after nightfall, when it is considered closed" (Dave's account indicates they told everyone to leave, even though that had been a weekly peaceful event that extended into the evening for the last few months; Gathering on the side of the levee path is hardly 'occupying a park" except in the brains of those looking to rationalize the latest repression. Rather they weere, like the DIY paraders several dayhs before assembling in the public space. Unlike the DIY Last Night walkers, they didn't have the numbers and the publicity to deter police abuse. And, yes, stripping people of their rights to be in public spaces, particularly targeting poor people and musicians, is abuse.


THE PRIVILEGES OF ILLEGITIMATE POWER & SENTINEL CENSORSHIP
The path is a "park"? Only under the tortured anti-homeless regulations of City Council that Parks and Rec boss Dannettee Shoemaker the power to "close" all kinds of public spaces in the city that look nothing like parks, including Pacific Avenue, the Town Clock, the sides of the Public Library, and the grounds of the police station.

As I've described elsewhere, Shoemaker has violated even the very laws that empower her to close areas. She's supposed to consult with her P&R Commission, but in the last (and most recent) of those closures --done to further harass PeaceCamp2010 in early fall---she simply met behind closed doors with the police chief, the mayor, and the City Manager. See "Challenging the Darkness: Peacecamp2010 goes on as the Repression Deepens" at http://www.indybay.org/newsitems/2010 /09/04/18657817.php)

The Sentinel has also cut off the several dozen comments on the story originally posted yesterday. Those interested in referring back to the Disquis comment section (Disquis has replaced Topix as the new Sentinel comment moderator) need to quickly copy articles the day before they appear in the print version or risk losing them. Usually a new comment section begins, but with this story it appears the Sentinel editors didn't want any further discussion--there's no provision for comment.


THE PROSPECTS FOR RESISTANCE
Gettleman's proposal for a summit meeting is not likely to be accepted by city officials unless and until Drum Circle supporters gather some street, community, and legal muscle. The discussion also needs to be expanded to discussion of DIY public assemblies generally (such as the far more powerful DIY last night parade--still under threat of post-parade ticketing, according to Police Chief Kevin Vogel in an interview I played last night on FRSC.

Drum Circle participants also, who are usually reluctant to engage in confrontation, must decide they want to take a stand in favor of the community's right to use public spaces--whatever the Coonerty, DTA, and SCPD agendas are for running off the riffraff. Community groups like the DIY supporters, the Street Performers Guild, the Raging Grannies, PeaceCamp2010 folks, HUFF, any remaining Progressives in town, and (hopelessly unlikely) the local ACLU need to offer visible support.

Most important, people simply have to assert their rights and return to use the public space as it was meant to be used, not as the police and the Coonerty-Lane Council dictate.


THE HISTORY OF RESISTANCE
This happened in 2007 and 2008 when activists led the community to reject police and reactionary politician pressure to end the Drum Circle at the Farmer's Market (See "Victory at Parking Lot #4" at http://www.indybay.org/newsitems/2008/09/11/18536533.php and "Peaceful Parking Lot Percussionists Pounce on Police Peeper" at http://www.indybay.org/newsitems/2008/01/31/18476145.php).

The campaign--involving the Trash Orchestra, the Raging Grannies, Food Not Bombs, Burritos-and-Beanies, and HUFF successfully extended the life of the Drum Circl. Community supporters even ended the absurd bureaucrat meshfencing off the area--by quietly removing the mesh each week and setting it aside.

In an underhanded move last spring without consulting any of the weekly community Drum Circle gathering, the Downtown Association simply set up an extended Farmer's Market over the area where the Drum Circle played. And Sgt. Harms' police squad then harassed the Drum Circle mercilessly when they moved to adjacent lots.

The stage was set for this by the prosecution of Wes Modes, an activist with the Trash Orchestra, one of the main groups supporting the continued Farmer's Market Drum Circle, after Modes himself had been brutalized by police in the September 17 2008 Harms' raid on the Drum Circle (See "Drummers Arrested at Wednesday Farmer's Market" at http://www.indybay.org/newsitems/2008/09/17/18539316.php).

The crackdown on musicians continues on Pacific Avenue. I will be appealing my "Sinister Sidewalk Singing" conviction. Becky Johnson's case goes to appeal at 4 PM on January 13th (see http://beckyjohnsononewomantalking.blogspot.com/2010/04/confessions-of-song-criminal.html).

The drum circle wasn't "shut down". If Dave considered it shut down that's because he packs up and leaves whenever the police show up like a wus...

And Brent Adams? He must have showed up when the police did (funny thing that) because HE WAS NOT THERE a short while before.

Here's what we DO KNOW: They arrested someone who refused to identify himself.

It happens. Because it's required by law, and if you take a little too long, and the police are looking for someone who looks like you, you might find yourself in custody until you ARE identified. That's standard operating procedure for most police departments. Right OR wrong.

But the bottom line is that Dave doesn't know, I don't know, and neither does the person who FALSELY HEADLINED this article.

There's a difference... A BIG difference between what the headline implies and what actually happened

Further, the circle will be in the same place next week.

Drummer Dave may no longer be welcome though. Brent Adams is already persona non grata for a multitude of reasons... His ego being a good part of that ostracism.

Dave's 'crime'? Cooperating and communicating circle-related issues with Robert Norse, and WORSE, giving Norse any rationale whatsoever for even getting near us, by that communications. GUILTY!

Let it be known publicly that Robert Norse IS NOT welcome among us (He NEVER has been), NOR does he or 'Drummer Dave', OR Brent Adams represent our community's wishes IN ANY WAY.

Wow!
It certainly is strange for someone who has such an obvious distain for everything about this issue and yet claims to represent it.
I wonder what kind of intention would have someone behaving as such.
This is not community building, it just serves to tear it down.
Its no secret that i have an ego the size of texas and that robert is a happy gadfly and that dave drummer is who he is..
you know who we are because we don't hide and we stand for stuff.
I ask you what do you stand for? who are you that you trash folks whose intention it is to to good around here.
You obviously are not.

Brent says "It certainly is strange for someone who has such an obvious distain for everything about this issue and yet claims to represent it.".

But I think Brent has missed that posters primary points. In my opinion, the poster was indeed supporting the drum circle. And in fact, it seems that Brent is the one who is held in distain by the Circle but insists he represents it.

What he was lambasting and protesting against was the way Brent and Robert have tried to take ownership of the drum circle issue for their own ego gratification and/or political agendas. It appears to me that the poster is essentially saying that he doesn't think either Brent or Robert cares as much about the Drum Cricle as they do about making their point and getting their 15 minutes.

And he clearly tagged you on that point Brent, when he points out accurately that you aren't there, or drumming...your instead rushing over once you hear the cops are there and you're trying to use that opportunity to create a situation.

If I've misinterpreted the posters point, I'd appreciate hearing so and I'll acknowledge my mistake. But I think I got his point: quit using the Drum Circle situation for your own purposes and ego gratification. Your making it worse, not better for the drum circle by doing so.

Though I've had disagreements with some drummers over the last few years, I've not gotten the impression that either I, Brent, nor Dave are unwelcome there.

I think it's been clear the Drum Circle that's unwelcome and under steady pressure from other quarters--the same folks and mentality that pressures Father Joel at the Red Church, musicians on Pacific Ave., the DIY parade on New Year's, the Guerrilla Theater's outdoor movies, and homeless people sleeping outside, sitting next to a shop, or peacefully sparechanging on the mall.

Another witness to the police shutdown of the Drum Circle was Robert "Blindbear" Facer. He sent me an e-mail which included the following:

"Me and James just kept playing despite the police presence. Our drumming is usually enough to slow down even the most savage beast, as the saying goes, we were in the groove. Harms and this oriental looking police officer and one other had flashlights and were taken by the music to the point that it was a good five or ten minutes before they finally came over and apparently under orders from someone...they started saying that we had to stop which me and James totally ignored. They looked at me and thay looked at James and finally decided that they would rather deal with James. Finally under direct assault (verbal) James quit playing. So I also quit playing, ...packed up my gear and left. By this time the police had blown their stacks at James and hauled him in for resisting arrest. All I heard him say was that he did not have an ID and that they weren't his favorite people but there was no anger betrayed except by the police. By the way what is the deal with no music after sundown? I find this to be a bit much. Blind Bear"

"Oriental-looking" officer? Who does Blind Bear think he is? Viceroy of India? Maybe he should put down the bong, put on some shoes, and get a clue. Geez Louise.

Scott Kennedy, former Mayor of Santa Cruz, responded to Jonathan Gettleman's proposal recently. Attorney Kate Wells responded to Kennedy. Their correspondence is below.


KENNEDY'S E-MAIL

Thanks for forwarding to me your response to Robert Kahn's email that I also had received.

I agree that the court system is a terrible context and prosecution of individuals a terrible approach by which to address complex social problems.

I expect the idea proposed by Gettleman would be better received and more likely succeed, however, if others copied on his list and Gettleman do the preparatory background work. I suggest that he work to bring together a broadly representative group including the stakeholders that he identifies. The proposal to the Council should come from a more broadly constituted group of stakeholders, rather than expecting the City Council to constitute the group. Robert Norse Kahn, Kate Wells, and others, would have to engage other stakeholders who frequent downtown as people with valid concerns and perspectives and persuade them that this is a "good faith" initiative worth pursuing. Without making this effort, the suggestion is just so much

Otherwise, as I see it, the City Council has little or no reason to entertain the proposal. Its very formulation -- characterizing the Council's best efforts thus far as representing "one side" (as though there are two sides) demonstrates so serious a misunderstanding of the forces interacting downtown, that an otherwise promising suggestion is doomed at its inception to failure.

As for the conjecture that the Council doesn't represent the majority of citizens -- see the vote count of Robert and others advocating repeal of the "camping ban" in various campaigns for the Council. While an imperfect means of gauging public opinion, City Council elections remain the best measure we have. And, by that measure, the City Council enjoys more public support than others.

Scott Kennedy


KATE WELLS' RESPONSE

Scott,

A few comments regarding your reply:

[KENNEDY WROTE:] "I suggest that he work to bring together a broadly representative group including the stakeholders that he identifies. The proposal to the Council should come from a more broadly constituted group of stakeholders, rather than expecting the City Council to constitute the group."

As one of the prominent stakeholders in the community, it would also be helpful if you would engage your heavyweight friends and colleagues to engage in such a dialog as suggested by my friend Gettleman. It would also be helpful to know who, specifically, you would recommend to take part in the discourse.


[KENNEDY WROTE:] "Otherwise, as I see it, the City Council has little or no reason to entertain the proposal. Its very formulation -- characterizing the Council's best efforts thus far as representing "one side" (as though there are two sides) demonstrates so serious a misunderstanding of the forces interacting downtown, that an otherwise promising suggestion is doomed at its inception to failure."

To suggest that the Council represents one side of the debate does not preclude the possibility (or the probability) that the speaker was opining that there are many sides to the issue; and, as such, does not necessarily demonstrate a serious misunderstanding of the interactive forces.


[KENNEDY WROTE:] "As for the conjecture that the Council doesn't represent the majority of citizens -- see the vote count of Robert and other's advocating repeal of the "camping ban" in various campaigns for the Council. While an imperfect means of gauging public opinion, City Council elections remain the best measure we have. And, by that measure, the City Council enjoys more public support than others."

When dealing with issues of basic human rights (such as sleeping), the idea that the majority or public opinion rules is not only contrary to legal precedent, but also exhibitory of a lack of humanity. There was a time when public opinion favored the institution of slavery . . .

Thanks for weighing in on Gettleman’s suggestion. I will do my part to facilitate such a dialog. Hopefully, you will exert your considerable influence to help make it happen.

Regards,

Kate Wells



AFTERWORD ON KENNEDY BY NORSE

Kennedy (along with two other former Mayors) has been ordered to go to trial this spring for falsely arresting me at City Counci back in 2004l. Kennedy was part of the Council that tolerated a false arrest by in the increasingly-famous "mock-Nazi salute" lawsuit. As Mayor in 2004, Kennedy falsely arrested me for "whispering" at City Council during a homeless protest he found not to his liking. He was subsequently defeated in a reelection bid that fall.

To his credit, Kennedy has recently weighed in in favor of the DIY parade and made the important distinction between "violent" and "illegal" (see his well-written letter to the Sentinel at http://www.santacruzsentinel.com/ci_17013049?IADID) It's encouraging to see Kennedy take so forthright a critical position regarding Mayor Coonerty on this issue.

In his dialogue on the Gettleman proposal, it sounds like the old Scott Kennedy again--dismissing activists he doesn't like, subtly buttressing the City Council's pro-police power position, and taking another swipe at opponents of the Sleeping Ban (an issue on which he's taken both sides).

In addition, Kennedy has not apologized for his repressive false arrest back in 2004 nor offered to settle the lawsuit, apparently preferring to watch the city attorney spend another $100,000 to defend the Mayor's power to intimidate.

When Kennedy writes "Robert Kahn" he is referring to me--under my family name, which I don't use much any more.

I gave the following speeches against the "no walking on the levee after dark" legislation when it came before City Council in 1997. Then, at least, there was a public hearing on the issue. Now Dannettee Shoemaker, the Parks and Recreation Head, closes down areas of the city at night with neither public hearing nor consultation with her Parks and Recreation Commission as required by city ordinance. (See "Challenging the Darkness" at http://www.indybay.org/newsitems/2010/09/04/18657817.php).

I give the complete speech/flier which covers other topics like the police cover-up of the Happy John Dine slaying & Kennedy's attempt to stop Celia Scott from becoming Mayor. The issues interrelate to some extent.

(archived at http://hpn.asu.edu/archives/Dec97/0267.html)

Parks for those who have Plenty; Recreation for the Rich:
Parks and Recreations Nighttime Riverbank Curfew for the Homeless
Expanded Remarks from a Speech Made to Santa Cruz City Council 12/9/97 by Robert Norse

Our City Parks and Recreation Commission does not have a happy record regarding actions that affect Santa CruzUs 500-1500 homeless people.
Parks and Recreation moved to close the parks at sunset in the mid-80s in a blatant attack on the poor. It refused to recommend an hour a week of shower time for the homeless at Harvey West Park facilities (1989) four years before the Homeless Community Resource
Center opened with daytime showers. P & R took special enthusiasm in harassment ticketing of homeless protesters at the Town Clock after the Iraqi war in 1991 and then acted to close down the Clock area at night, creating an artificial park there so that it could close off more public space to the poor.
In 1997, P & R regularly harasses and seeks out homeless sleepers in the large green Pogonip area--one of the few places where homeless people can hide from the City's anti-homeless sleeping ban. Under the leadership of Jim Lebansraum Lang--whose word is usually law--Parks and Rec unanimously voted to ask the Santa Cruz City Council to further reduce public space and expand police power by making the entire area adjacent to the San Lorenzo River, which runs through the heart of Santa Cruz a no-go zone at night.
The Parks and Recreation with Lang cheerfully justifying and explaining all the way, removed benches from the downtown area without public hearings, apparently at the request of merchants who increasingly dictate what happens in the public spaces outside their stores and disperse the "unsightly".

Now Lebansraum Lang is saying to the homeless and to the community, give up your basic right to walk, associate, and enjoy the
area next to the San Lorenzo River at night all the way from highway one to the ocean (one mile). The justification: a handful of complaints from a few neighbors and some political muscle from Erik Larsen, an ambitious City Council pretender, who wants to close down the entire riverfront to score some political points and show some political muscle.
This same City Council has made sleep a crime for the poor in Santa Cruz. It will not allow the poor to sleep in their vehicles in
industrial areas, as Eugene, Oregon, has done. It will not open up a parking structure with a bathroom at night--proposed as long ago as 1985 by conservative Council member, Arnie Levine. It spend hundreds of thousands to finance a showboat halfway-house/prison-style program for 40, but will not reopen a campground that served hundreds and is sorely needed.

This same Kennedy-Rotkin Council has now voted to save the riverbank from "crime" by fencing it off at night. It will protect the
levy by destroying it as a usable area at night; it will deal with the occasional crimes there by making the act of being there a crime. Are
all our liberties and public areas to become prey to the Drug War mentality that trades basic rights to maintain bad laws?
Merchant ultimatums have already put the homeless and the poor in peril in public spaces downtown. This Council surrendered to that ultimatum back in 1994 when it made sitting on the sidewalk illegal. It bent over for Lang's decision to remove benches up and down the mall at the whim of merchants in defiance of the needs of elders, the disabled, the poor, and the young--all to eliminate "undesirables" from hanging out. ( and new removals-without-a-hearing at Cathcart and Pacific are now reportedly scheduled). Must the entire population at night surrender traditional American freedoms because Lang gives the word when politicians, merchants, or a few property owners whisper in his ear?
Loitering laws were thrown out by the California and U.S. Supreme Courts in California in the early 1980s. In their place, we have this
genteel and delicately phrased "hours of operation" resolutions, which extends the "don't sit on the sidewalks" mentality to the entire San
Lorenzo area. I spoke with Long shortly before this meeting and he advised me that it would still be legal for homeless and poor people to
walk up and down the levy at night.
Unwittingly he tells us what the City's policy will be for the poor--most of whom have no legal place to sleep at night and are facing
$162 sleeping tickets already. The new policy will be "keep walking". "Keep walking or go to jail" is now to be our enlightened policy? Lang's rangers and the police already drive the poor out from under the eaves of buildings into the rain, from under bridges where they huddle to sleep, from the glorious open-space greenbelt areas that upper middle-class environmentalists defend for their own (weekend) uses.

This proposal was reportedly brought to Parks and Recreation by the ambitious would-be City Council candidate Erik Larsen, whom our very own banner-of-beggars, Councilmember Scott Kennedy is reportedly grooming for next autumn. Having gentrified Beach Flats with iron fences and increased rents, are Larsen and Kennedy are now to score more political points with this "get out by sunset" policy? If he claims to be speaking for the local Resource Center for Non-Violence, which some call ruefully the Resource Center for Scott Kennedy, let the Resource Center openly acknowledge they support this blatantly anti-homeless measure.
This nighttime curfew for grown men and women is being presented without clear documentation that (a) there is a crime wave at the river, (b) that a curfew would have any impact on that crime wave there, or (c) any general public support for the curfew. It is being justified as a "tool" for the police to remove poor people drinking near the river.
Lang admits he has gotten only 4 or 5 letters and half a dozen complaints. How many hundreds if not thousands of people, folks who live here and folks who visit, will this new curfew impact? It is wrong. All of Police Chief Belcher's baseless fearmongering about rapes and murders cannot hide the fact that this is simply an act of political thuggery. A runaway Council majority, elected on a Progressive platform has arrogantly taken upon itself the right to ignore the wishes of most Santa Cruzans as it did with the Homeless Garden Project and the election of Celia Scott as mayor.

Flyer by HUFF (Homeless United for Friendship & Freedom) 408-423-4833 12/12/97


Curfew and Coverup: City Council Closes Out the Year In Style
Speech to Santa Cruz City Council by Robert Norse 12/9/97

City Council made it official this afternoon: So-called "gang problemss" along the levy necessitate the police state or wartime device
of a nighttime curfew for adults. Police Chief Belcher is now fondly known as "Bumblaster" Belcher for his speedy exoneration of the killer of John Dine. Belcher gave creaky support to "Close Down the Riverbank to Catch the Criminals" mastermind, Jim Lang, our eternal Parks and Recreation director. Belcher gave us the creaky fabrication that we allowed the same gang who tried to throttle Celia Scott to pass a
peacetime curfew: that we are in the grip of a San Lorenzo River crimewave requiring wholesale suspension of our civil liberties,
unquestioning trust in our police chief, and immediate action with little debate.

Henceforth it will be illegal to take a moonlight stroll along the San Lorenzo River. Homeless sleepers will be illegal, as ever, but
now if they sit, stand, or loiter, they can be harassed, ticketed and arrested. And anyone else the police choose to harass who wander into the forbidden zone. Curfews and--of course--police shooting down an unarmed hippie. Does this sound like Santa Cruz that you know?

It gets worse. Yesterday the Citizens Police Review Board heard and ignored a dozen or more speakers who sought an early independent investigation into the Happy John Dine slaying. That killing, as many are probably already aware, has been quickly dismissed by Police Chief Belcher and D.A. Art Danner as "justifiable homicide" in the teeth of every single non-police witness. Two of those witnesses--Stacey Buckelew and Mike Schultz--described what they saw with their own eyes as "murder" to the Board last night. If any non-police officer had done the shooting and two sane and sober witnesses testified that it was unprovoked murder, would the investigation have been closed 8 days after it began?

Would Lt. Sepone be saying (as she did on Community Television earlier today) that she had no problem with Officers Carey and Over
peeling out backwards at a high rate of speed almost mowing down 3 pedestrians and leaving a tread mark 30U long on leaving the Catalyst the night of the killing? That she "didn't want to second guess" officers who didn't call for backup, and jumped out of their car with guns drawn instead of approaching cautiously as any reasonable people would?

Without going into the two witnesses who claimed the cops took the gun from Happy John's pockets after the killing, would you regard as credible a Catalyst bouncer, who was reportedly a friend of Carey's? Would you regard as unbiased a man who had previously had hostile run ins with Happy John, not just away from the Catalyst but away from the sidewalk in front of the Catalyst?

Last night our Police Board didn't even bother to vote on an early Independent Investigation--the reason everyone came to the
meeting. Or on public hearings--which everyone but the Board wanted. Apparently the gunning down of an unarmed hippie doesn't merit an emergency meeting either last month or this month. the message is clear: stall and placate and take off for the Xmas holidays. The most serious police killing of an unarmed man in Santa Cruz in a decade. What are we left with: the killer of Happy John Dine on the official payroll, exonerated, armed, and on the street.

If we all we can get are curfews and coverups, it is no wonder that the Council won't lift a finger to support basic rights for the
homeless. Tomorrow is UN Declaration of Human Rights Day. It is still illegal for the homeless to sleep outside in Santa Cruz and the man whose vote on City Council makes it so (Mike Rotkin), is still heralded as a champion of Human Rights and invited as a testimonial speaker on human rights issues . Merry Christmas.

News Flash: On December 10 under pressure from Santa Cruzans for Full Disclosure and the new Mayor, the District Attorney's Office and the Police Chief finally released a partial copy of the John Dine killing investigation including important witness interviews and the transcripts
of statements from the two police officers and their bring-along witness Ben Newman.
A preliminary survey of the witness reports reveals that no one, other than these three involved parties saw a gun in John Dine's hand or a gun pointed at the police. Even the reactionary pro-police Santa Cruz County Sentinel has called for an independent investigation by the Citizens Police Review Board.


Flyer by HUFF (Homeless United for Friendship & Freedom) 408-423-HUFF

Robert says, quoting himself and his own self-perceived authority, that there is a "So-called "gang problemss" along the levy" and that's an excuse used by the cops to abuse homeless rights? While I laugh at this absurdity, let's look at the facts:

Nov. 29, 2009 - Man shot to death on levee. (gang related)

Dec. 7 - Man stabbed on levee

Dec. 23 - disorderly conduct, alcohol, on levee.

Dec. 29 - controlled substance arrest on levee. (heroin, gang related.)

August - man convicted of rape on levee. Deported to Mexico. (Hmmm, gang related?)

February 09 - 2 men asssasinated on levee. (Gang related)

Levee, the main artery between Beach Flats and Heroin Hill for heroin sales by members of Mexican and Salvadorian gangs.

...and the list goes on and on. Your a liar in denial Robert. (And by that I mean lying about the levee and gang issues. In denial about not being unwanted at the Drum Circle. The truth is that your pretty much viewed as a pariah wherever you go; you just aren't observant enough to grasp it.)

The year of the speeches was 1997.

Cops provided no stats of gang problems at that time.

The issue was and is whether non-criminal people should face charges for being on the levee. Got it?

The current issue is police dispersal of public assemblies that they (and apparently some trolls on this thread) don't like.

We all need to defend the right to peacefully assemble in public spaces.

Ordinances that ban such public assemblies amount to illegitimate authority and criminal conspiracy to suppress the constitution under color of law. And the "gang" that is doing that is much powerful than any of the gangs they're allegedly fighting.

Siimple as that.

You've read me correctly.

Listen... What I KNOW.

The people of the circle DO KNOW what what they do has a socio-politcal element to it, but they DO NOT want their gathering to be politicized.

THERE IS NO DIVISION WHATSOEVER ON THAT POINT.

They just want to drum, and the sick sociological glare of the media IS AN INTERFERENCE in a VERY REAL WAY, with their wish to just "drum up he spirit",

The gathering has already been sociologically skewed by the city's ousting (by perfectly legal means btw) of their gathering from Farmer's market and the general public who might enjo and care to join in and the concurrent move to the levee... where indeed there ARE winos, crackheads, et al, but they ARE NOT part of the circle... The levee is where they spend most of their lives and all are welcome. They MAY even learn a different way of being.

But that said, politicizing the situation can only make it worse... NOT better.

Robert said: "Though I've had disagreements with some drummers over the last few years, I've not gotten the impression that either I, Brent, nor Dave are unwelcome there."

Let's talk about YOU Robert... since that's what you're ALL ABOUT... "You".

You stuck your recorder in the faces of people who DID NOT WANT THEIR PRIVATE CONVERSATIONS RECORDED AND CAUSED A BRAWL when the people of the circle were attempting to figure out a new location after their move from the Farmers Market Robert.

Nowdays, except for that idiot who babbles at you on the radio, 'drummer dave', and maybe one other person, we IGNORE YOU the few times you have come around.

You've been ostracized Robert... Don't act stupid.

What would it take to convince you you're unwelcome?

We'll do it.. Just... Go... Away.

I am not taking a stance on comments of peoples character, but do have a suggestion. If the drummers truly do not want the circle political than I do not see why you don't move to the beach which has been proposed since it was at the farmers market. Like it or not, it is a political issue, people like Wes went to jail fighting for the right of everyone to use public space. Many others did too. It was political then and still is now. As long your being harassed it will be.

I could understand if your tired of fighting and being used by the Senile, harassed by the cops or feel used as a political pin cushion. The only way you will ever make this a non political issue is to move out of downtown to the beach or into Sheriff land, somewhere the city is happy with. Even that is a political move in a sense and there is no guarantee you will not be harassed wherever you move.

The City has a hard on for the drum circle and that will not go away unless you either fight to have the right to congregate and drum or not. I really see nothing wrong in choosing one or the other. Of course there will be some Senile article. "City manages to drive circle away" or whatever, but if you truly do not want to make it non political, move it. The city police will not let up. That much has been proven over the last few years.

Please understand Robert is in the media, and wherever he goes there is a Invisible
Positive Charged Reality Cloud that Police and City officials of Santcruz cannot get their knives into.
and Cut Him OUT! Robert actually helps the Peace continue around the drum Circle, Believe it or not!
Dave

Just let the Little one drum,,, Hes met SOOO many sweet, giving brothers and sisters,,, so JUST LET the little boy drum,, For he has a great teacher and family,,,, His Mom and Dad,,,,, And thanks to all the wonderfull Giving, peacefull people we have met at the circle,,, LONG LIVE THE CIRCLE!!!!!!!! we will NEVER FADE AWAY,,, Trust me,,,Love is real NOT FADE AWAY!

http://news.santacruz.com/2011/01/12/attorney_calls_for_public_dialog_on_street_musicians

The Drum Circle HAS NOT been "Shut Down"

Any Questions?

NO COMPROMISE with the city. Period.

They HAD their chance a long long time ago.

The average citizen of Santa Cruz (except for the recently imported from points unknown but looking like SoCal cubie scum, and even some of them...) support the circle, and the city KNOWS IT.

Why do you think they're pressuring the drummers Robert?

The city will not voluntarily allow cross-cultural or cross-socioeconomic community building in Santa Cruz.

Mexican Black and White working class people hanging out with each other?

Business people students and Santa Cruz homeless/displaced playing music together?

Community interferes with their profit margins and threatens their base of power (commercial property owners and a certain element [not all] of the downtown shopping mall business operators, who generally DO NOT show up at the drum circle.)

But community grows... Because Resistance is fertile.

Fuck your lawyer.

I went to the Farmers Market today. Where the Drum Circle was is now Lulu Carpenters coffee. Instead of listening to that godawful drumming, I had an incredible espresso. Man, did I have a good day today.

About fucking time the Farmers Market dropkicked the drum circle out of there. Thanks Lulu and Farmers Market people!

Manthre, the fellow that owns Lulu's, since his business model mirrors the dream of the DTA, 'drive-thru' tourists (as in 'transient... 'Startup' losers who think they're gonna make a million, and college students raised on a culture of shopping malls) represents everything vile about Santa Cruz today, is in the graces of the city and received as his bonus for going along with the denuding of Santa Cruz culture a HISTORIC LANDMARK BUILDING to use as a creepy little coffee shop with abused employees that serves lukewarm coffee next to a 'plaza' made frigid by that hung-shelving Cooper building next door.

No one missed you at the drum circle yesterday, I'm SURE we wouldn't have missed you if you had not shown your face at the Farmers Market circle either...(I bought a cup of coffee at the ICANN booth yesterday and a meal of real Mexican tacos. The former circle site is seating for eating now, NOT Lulus...)... But the drums beat on, and no one cares what you think, except you of course.

Say and think what you want about the owner, but don't kid yourself or us by trying to sanctify the building that Lulu's is in as some sort of sanctified historic landmark. The freakin thing was a bar for decades. To portray it as some formerly annointed building that has now been whored out is a joke.

Keep it real.

I miss the circle , the mix of all race, The little children who used to play the drums, the dancers, the life, color and scent.,,,, Instead we have a walk by transplant drinking a cold cup of joe under our birds nest for which we created,,,,,, remember Mr lulu lover,,,,,dont look up, for you have an enemy in the trees right above your head,,,, and remember to recycle you wastfull lid, and cup/// The farmers market has NO SOUL anymore, while you eat a poison snow cone , cotton candy, or maybe by a t shirt,,,,The market lost its color with the new expansion, only to rid the circle,, I say bring back the old manager who supports the community, and local FARMERS, and return this WASTED outdoor palo alto MALL to the colorfull soulfull market it once was,,, Get your coffee if you realy need it at 4 in the afternoon!, from a local merchant,SUPPORT local merchants,, not outdoor shopping malls, that sell POISON,,,, And what about the chicken wagon,,,, YUK,, nice farm produce chickemn man,, yea right,, ..
The new market only changed the buyers from locals to transplants,, I mean I have never seen so much slave made clothes , makeup,, and perfume scent in my life,, Bring back the sage, the herb, the hemp cloth, and get rid of the outer world corporate circus food,supporters.. You are all welcome here,, but not invited to change the local culture that has made SANTA CRUZ world famous for,,,, ITS PEOPLE!,, Blessings.. SKY

SUPPORT THIS LOCAL MERCHANT,, for he not only puts out Unbelievable tasty food,,, and is succefull doing so for the local clients,, and doesnt cater to the drive through transplant and thier right winged ideas,,,,, But knows about togetherness,,, Hey we might not all make the same money, or we may not look the same,,, or we may not agree on everything,,, But isnt it WONDERFULL how this diverse tribe can gather once a week, to bring community spirit, and togetherness, love and peace to our unique community,,, Why some want to destroy this I do NOT understand..
A type of war like this against the arts was waged many years ago in san francisco,,, same reasons,,, But the artist stepped up,in support of the unique venue,,,"THE CITY", and proved that people come from all over the world to see the street artist spectacle,,, Isnt that what it is all about city council,, your tourist dollars?.. It seems to be,,,but ,,, you are ruining it,,,I talk to people all OVER THE COUNTRY when I tour, and they ALL SAY how wonderfull and original santa cruz is,,,, AND then I have to tell them it was that way, and the city council the mayor,, think santa cruz should be like PALO ALTO, or los gatos,,,The reply is,,,,,, The city council just doesnt have soul anymore, and vote them out and bring back the beatnik, the local,,, and oust the current government,, I agree,,,,,OUST THE CURRENT COUNCIL is the answer,,,sorry folks,,, but WHAT ARE YOU DOING,, Your ideas are only bringing CRIME and gangs to the table,,,, Corporate greed=unstable greed,,,,, Get it,,,, SUPPORT JOZE.. WE DO, and have lived here 48 colorfull years,,,,and support ALL the street perfomers AND THE DRUM CIRCLE, AND VOTE!

Full Post Title: "I'm talking about the Octagon, NOT the old whorehouse that's about to fall down of it own accord the next time a surveillance helicopter passes low over it during a public event."

But perhaps I'm incorrect making the assumption you lived here before that classic old structure was a coffee shop...

Further, some pertinent reading, with cites:

Wherever the title of streets and parks may rest, they have immemorially been held in trust for use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.(14)

The Supreme Court has held that public inconvenience, annoyance, or unrest are not sufficient reasons to carve out exceptions to the First Amendment. (15) ~~The Assault on Free Speech, Public Assembly, and Dissent, A National Lawyers Guild Report on Government Violations of First Amendment Rights in the United States, 2004

That's right... Santa Cruz is in abject VIOLATION of federal law every time they harass the drummers in a public space. Because IT IS a form of protest... Against a city who panders to the highest economic bidder at the expense of the community at large.

The beach?

To do what? Further Isolate the circle from a community who might care to CONVENIENTLY participate?

Displace, Disenfranchise, Destroy.

No thanks.

No middle ground... Travus' morning commentary today could easily apply to the corporatists in charge of Santa Cruz' government.

"All The News You Never Knew You Needed To Know ...Until Now."

January 13 2011 Travus T. Hipp Morning News & Commentary: I Can Forgive BUT I REFUSE To Forget - Re-Examining My Tendency To Call The Fascist Bastards What They Are...

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since two (or three (or maybe one)) posters have brought it up. How long does someone have to live in Santa Cruz for you to let them have a voice? Before the quake? The flood? Do you have to have a relative buried at Evergreen?

Posters talk about this great tribe thing, then in the same breath create a "us or them" depending on how long some one has been here. I just want to know if I can take part in this topic.

The answer is simple... It's NOT a matter of time... It's a matter of intent.

There are new faces at the drum circle, despite it's forced removal from the Farmers Market to the more remote location on the levee.

Here's something a friend who lives in SC just put on his FaceBook page... It's about Community, and family... but mostly about how 'Redevelopment' (to what, one might ask) has totally changed the nature of Santa Cruz because their housing and economic policies DROVE OUT most of it's working class community, leaving it a relatively lifeless (compared to pre-earthquake, the 'redevelopment dividing timeline) shopping mall.


>> Community AND Family in America is the issue here. NO ONE, not even Jared Loughner's 'friends' did a damn thing.

Regarding the mega-malling of America, Jerry Brown, California's new old governor is making some major changes, starting with th...e elimination of the state's redevelopment agency, THE source of gentrification and the malling of California.

The budget won't go away, just the ability of counties and municipalities who, in concert with land developer and greedy local mercantile interests have destroyed communities throughout the state while hiding behind the veil of a near inaccessible state agency staffed by so-called planners' who often don't even live here, no less live in California.

I should know... I live in a town that, in the last 30 years, went from having a downtown with shopping, to a downtown shopping mall, while eliminating jobs and housing for most ordinary workers in the city.

Many working class people left for places where there was work and housing that could be afforded at the prevailing wage, and many of them became homeless and/or alcohol/drug addicted, and criminalized.

NOW, the citizens of the community will have more oversight of what gets redeveloped, and why.

It will take decades to straighten out, if the damage can be repaired at all.

Or is it a question? or a stab under your breath,,,,,
1. all are welcome in santa cruz
2. all have a say about whats going on.
3.but its like a person moving from oregon, or fresno, to san francisco and complaining of the cable car bells that ring all night, or complaining of the bus that runs down there street,,,,, NOW,,,, When this person complains and makes a call to the local authorities,,,, does he get a police response to the bells on the cable car,,, and tell them to move on, or stop ringing the bell, or get arrested? NO..
So ypu see,,, Its kinda the same thing,,,,, Here we have a group that has been expressing themselves for MANY MANY moons,,,, aka"LOCALS" or aka happy outsiders or just people who moved here because of the VIBE , who now call there home santa cruz, and they are welcome here>>>>>
then>>>> we have new city council , residents or what have you from oregon, east coast or WHAT HAVE you, come into town and want EVERYTHING changed to how they want it , or maybe it was how it was where they came from,,,, Not going to happen sir, or maddam,,,, So that is why we locals have the coined these folks TRANNYS,,, or transplants,,,,,
4. you can voice your opinion, get us you thoughts,,,,, But we are who we are,,, do what we do,,, and when you try to change whats been going on for MANY MNAY moons, expect resistance.
This whole situation is pitty, and very simple to resolve,,,,

1.a>>>>> It would be wise for the city to designate a place downtown to accomodate the drummers, artist,, musicians etc,,,, >>>Then tend to deal with the unwanted crowds that gather, AROUND them and creat conflict, who break the vast plethroa of laws that has become of this fine place we call HOME... The drum circle will NEVER go away,,, and I think the city is realizing it,,,,,, and WHEN and if this subject of our drum circle goes viral in the country on how ,,, WE santa cruz, world famous for its culture, surfing, artist, shops, food, and beaches,,, Is being torn down by unwanted laws, outsiders, and a real BAD city council, who just cant get ANYTHING right ,,,IT SEEMS,,,, well, you see whats happening... Violence errupts, gangs move in,, because they know when a city is in shambles, cant govern its own small village,,, so the gangs decide to move in ,,, take control.....
Maybe that is why when the cops are harrasing the drummers, musicians on the mall ,there ALWAYS seems to be an act of violence occuring at or around the time the cops are occupied, with petty, B.S....... so yes ,,, you are welcome to join in,,,,,, But be understanding,,,,, And Welcome to SANTA CRUZ,,, the Once home of the free!...

It appears the city has discovered the drum circle WILL NOT just fade away,,,, And it appears for now,,,, drums will continue in Santa cruz, a 30+ year tradition!!!!,, Thanks to india Joze and his support of the circle,,,, It can only get better,,,,, As for the circle...We all know how the drum CIRCLE is not realy a circle, but more like a donut, or a fiqure 8 at times,,, MAybe that is why a VERY few think we are not all together on this one,, at times it is avantgard until the beat is discovered,,, But I personally believe we have the MOST colorful circle in nor cal.. No booze,,, no fights,, but all together as one Love.. rich ,poor, homeless, black, white ,brown, green,,... So lets keep this happy,,,, And am thinking MAYBE we can get the city to let us , creat a flat spot on the levee so that bikes and pedestrians can still get through without a hassle, or whathave you,, I am open to suggestions , And by all means, AM NOT trying to be the boss or president of this circle, but just a member and family tring to bring harmony to the tribe,,,, So what do you think,, MAybe a 1-2 yards of dirt where we play to allow the passage of bikes?And so we may have a circle? Just a thought.. I truly love watching the sunset and the moon rise as we play,, I feel drummer dave is the kingpin to this jam,,, with help from others like drummer dude who has been a focal voice in the tribe,,, and We,,," MY FAMILY" would like to have sky again attend the circle also,,, but the garbage and disposed used paraphenellia needs to be removed,,, I think we know what I am talking about,,, and it aint a pipe,. This can be a VERY VERY clean happenin event again, So lets work to bring this drama with the city to a close, and promote UNITY THROUGH MUSIC!,, DRUMS IN THIS CASE,,,,,, Thanks to all who have supported this event, and THANKS to all our new friends , who have demonstrated peace, love harmony through music,,,,, Blessings,,,,,, colors,,,,,, rainbows,,,,,, Drums,,,,,,,,, " BEAR" " SKY" " JANELLE"