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Indybay Feature

Police Tear Down San Jose City Hall Occupation, 8 arrests

by Allie Mosca
At 3 am today 8 police officers in 5 police cars arrested protestors outside city hall in San Jose. Those arrested were transported to county jail. The demonstrators are part of an international movement protesting corporate greed.
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In the wee hours of October 21st, one person in a wheel chair was cited and released; eight others were arrested and taken to jail.

All of their belongings were taken by the Police and because of cut backs the SJPD property room is not open until Tuesday.

All the protesters were part of a tent "occupation" that had recently increased from 5 to about a dozen tents in front of City Hall and are part of the "Occupy" movement that started on Wall Street in New York City over one month ago.

The city of San Jose has, on at least two other occasions, allowed people to "occupy" the city plaza area where they have been in agreement with the content of the protestors' speech. But here, since the city was threatened by the content of the speech, the city has chosen to selectively enforce the ordinance, said a legal observer.
That legal observer also said that the ordinance itself is probably unconstitutional because it does not contain a process for granting a waiver of the fees associated with free speech rights.

According to the Mercury News, one of those eight was also arrested for felony vandalism because he allegedly scratched a patrol car. The Mercury also quotes Sgt. Jason Dwyer of the SJPD as saying that public urination was one of the reasons. The protesters have been using nearby restaurant bathrooms and even cleaning those bathrooms to thank the small business that are providing that service.
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