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Police Harass DAAA Collective During Anarchist Cafe'
Modesto Police try to shut down Anarchist Cafe' in Modesto by *gasp* lying and being untruthful!
Police Harass DAAA Collective at Anarchist Cafe' 11/07:
Every week in downtown Modesto, the DAAA Collective on Friday and Saturday nights, tables, gives out food, and discusses with passersby what we are all about, our critique of the modern system, and also what we can do about it.
Police always seem to have to ask us if we are allowed to be down there, even though each time we are there we always give them the same answer. Downtown Modesto is a blocked off street, but it's still a street with a sidewalk. As long as we don't physically stop people from going into businesses, or hinder the flow of traffic, then we have every right to be down there. It should also be noted that a large range of groups use the downtown area, from Christian groups, to political parties.
Last night though, Officer Cerchoff (?), (Cerchoff is a local legend among youth, skaters, homeless, and people of color, and not for being a very good cop among other things), came up to us and told us that we had to move. He told us that the manager of the Jamba Juice had complained about us being there and that we had to go somewhere else. I asked him why, and he stated that we were outside of the business and that we were sitting on the chairs.
This is interested because officer C. came up to the table last week and even took a digital photo with his phone, (it was a picture of a poster against police brutality), to what end, we're not sure, (surveillance or for giggles)? Also, about three weeks ago, we put a banner up with ropes between a tree and a sign. A police officer came up and actually told us the code we were breaking and asked nicely (yes nicely!) if we could take it down.
Officer Cerchoff couldn't tell us what law we were breaking, and he also couldn't tell us where we could go and table legally. I told him that the sidewalk was public, and if we weren't directly interfering with business or traffic flow then we could be there. Officer C. stated that that was not the case, and that we had to move somewhere else because the business we were in front of complained. I pointed to a spot closer to the street and asked if we could move there, and Officer C. said something to the effect of "go ahead", but stated if someone else complained, (another business), about us tabling there then we had to move again.
This right here is complete crap. From what I understand, the city owns 10ft from the gutter to the sidewalk. After that apparently the business owns it, (don't take my word on it). So, if we did move closer to the street and someone did complain, legally there's nothing that the police could do.
Then Officer C. left, and headed off. Myself and a couple others, (we had allot of people around us, all proclaiming how stupid the current situation was), went into Jamba Juice. Manager "X" was very polite, and he told me that Officer C. had come into the store and said that a bunch of people were in front of his store and if he should tell them to leave. I asked Manager X if he wanted to come out and see what we're doing, since he stated he didn't know what we were doing. I showed him that we're giving out free literature and free apples, and he said that was fine. I even asked him if he wanted two people to get off of chairs and against the wall, and he stated that we were ok.
We went back in so he could write me a note, and then Officer C. came into the building in a rush. He asked the manager straight out if he was OKing us, and he said yes, and then Officer C. just left, the whole exchange taking about 5 seconds. Why did Officer C. come into the business as soon as we did? Why did he leave so quickly?
We then left the store, and as Officer C. was riding away on his bike, and told him in a firm yet calm voice, that in the future he could talk to all parties involved before making a decision like he just did. He turned around, and started yelling at me to come with him, and swung open the door and yelled at the manager asking him if he talked to him (the manager) first. He then looked at me and started yelling very close to my face and in a manner that was very anger and spiteful, that he didn't tell me how to do my job and I should basically mind my own business. He asked me if I would like it if he came into my work and told me what to do. I bit my lip, wanting to say, “Making ’what I do’ isn’t a public service, and you don’t pay for my job, I pay for yours. Not only am I supposed to tell you what to do, you work for me bee-otch!” I didn’t say that, I just waited for him to leave. Any angry exchange would just end with me in jail or with a ticket.
The whole situation with Office C. is very problematic, and despite the compete obvious, (that Officer C. is a really mean, and angry man, not to mention a bad police officer), there are many problems with his actions. First off, Officer C. didn't really even know the laws he was enforcing, or at least was unwilling to tell us what was legal and what wasn't. If the thinking of Officer C. was carried out, then anywhere in the downtown area we could be kicked out of because of complaints from business. Political Parties and religious groups get free range to use the downtown, why can't we use it? The answer is clear, we are openly opposed and critical of the abusive actions of the police. We also give out posters and stickers critiquing them - and guess what? People like it! Also, if simply by looking at what we were doing, the manger at Jamba Juice could see that there was no problem in us being there, it seems obvious that Officer C. was a least not explaining in detail the "problem" of us being outside to the full extent that he should have. Of course if a police officer comes up to you and states, "There's a shit load of people outside, can I get rid of them?" A manger is going to say, "yes". Also, Officer C., (who if not himself, but Modesto Law Enforcement is reading this), totally missed my point about consulting all parties. If he would have done what we had done, actually gone and talked to the manager, then everyone would have been fine.
In a time where the slip ups of the Laci Petterson case are still fresh in people’s minds, and where Modesto police officers shot a man dead just for having a Swiss army knife out and being drunk during a domestic call, do they really need any more problems? Maybe it's time the police look to the anarchists for conflict mediation advice. Instead of lies, deception, and anger, maybe it's time for discussion, mediation, truth, and community strength.
Every week in downtown Modesto, the DAAA Collective on Friday and Saturday nights, tables, gives out food, and discusses with passersby what we are all about, our critique of the modern system, and also what we can do about it.
Police always seem to have to ask us if we are allowed to be down there, even though each time we are there we always give them the same answer. Downtown Modesto is a blocked off street, but it's still a street with a sidewalk. As long as we don't physically stop people from going into businesses, or hinder the flow of traffic, then we have every right to be down there. It should also be noted that a large range of groups use the downtown area, from Christian groups, to political parties.
Last night though, Officer Cerchoff (?), (Cerchoff is a local legend among youth, skaters, homeless, and people of color, and not for being a very good cop among other things), came up to us and told us that we had to move. He told us that the manager of the Jamba Juice had complained about us being there and that we had to go somewhere else. I asked him why, and he stated that we were outside of the business and that we were sitting on the chairs.
This is interested because officer C. came up to the table last week and even took a digital photo with his phone, (it was a picture of a poster against police brutality), to what end, we're not sure, (surveillance or for giggles)? Also, about three weeks ago, we put a banner up with ropes between a tree and a sign. A police officer came up and actually told us the code we were breaking and asked nicely (yes nicely!) if we could take it down.
Officer Cerchoff couldn't tell us what law we were breaking, and he also couldn't tell us where we could go and table legally. I told him that the sidewalk was public, and if we weren't directly interfering with business or traffic flow then we could be there. Officer C. stated that that was not the case, and that we had to move somewhere else because the business we were in front of complained. I pointed to a spot closer to the street and asked if we could move there, and Officer C. said something to the effect of "go ahead", but stated if someone else complained, (another business), about us tabling there then we had to move again.
This right here is complete crap. From what I understand, the city owns 10ft from the gutter to the sidewalk. After that apparently the business owns it, (don't take my word on it). So, if we did move closer to the street and someone did complain, legally there's nothing that the police could do.
Then Officer C. left, and headed off. Myself and a couple others, (we had allot of people around us, all proclaiming how stupid the current situation was), went into Jamba Juice. Manager "X" was very polite, and he told me that Officer C. had come into the store and said that a bunch of people were in front of his store and if he should tell them to leave. I asked Manager X if he wanted to come out and see what we're doing, since he stated he didn't know what we were doing. I showed him that we're giving out free literature and free apples, and he said that was fine. I even asked him if he wanted two people to get off of chairs and against the wall, and he stated that we were ok.
We went back in so he could write me a note, and then Officer C. came into the building in a rush. He asked the manager straight out if he was OKing us, and he said yes, and then Officer C. just left, the whole exchange taking about 5 seconds. Why did Officer C. come into the business as soon as we did? Why did he leave so quickly?
We then left the store, and as Officer C. was riding away on his bike, and told him in a firm yet calm voice, that in the future he could talk to all parties involved before making a decision like he just did. He turned around, and started yelling at me to come with him, and swung open the door and yelled at the manager asking him if he talked to him (the manager) first. He then looked at me and started yelling very close to my face and in a manner that was very anger and spiteful, that he didn't tell me how to do my job and I should basically mind my own business. He asked me if I would like it if he came into my work and told me what to do. I bit my lip, wanting to say, “Making ’what I do’ isn’t a public service, and you don’t pay for my job, I pay for yours. Not only am I supposed to tell you what to do, you work for me bee-otch!” I didn’t say that, I just waited for him to leave. Any angry exchange would just end with me in jail or with a ticket.
The whole situation with Office C. is very problematic, and despite the compete obvious, (that Officer C. is a really mean, and angry man, not to mention a bad police officer), there are many problems with his actions. First off, Officer C. didn't really even know the laws he was enforcing, or at least was unwilling to tell us what was legal and what wasn't. If the thinking of Officer C. was carried out, then anywhere in the downtown area we could be kicked out of because of complaints from business. Political Parties and religious groups get free range to use the downtown, why can't we use it? The answer is clear, we are openly opposed and critical of the abusive actions of the police. We also give out posters and stickers critiquing them - and guess what? People like it! Also, if simply by looking at what we were doing, the manger at Jamba Juice could see that there was no problem in us being there, it seems obvious that Officer C. was a least not explaining in detail the "problem" of us being outside to the full extent that he should have. Of course if a police officer comes up to you and states, "There's a shit load of people outside, can I get rid of them?" A manger is going to say, "yes". Also, Officer C., (who if not himself, but Modesto Law Enforcement is reading this), totally missed my point about consulting all parties. If he would have done what we had done, actually gone and talked to the manager, then everyone would have been fine.
In a time where the slip ups of the Laci Petterson case are still fresh in people’s minds, and where Modesto police officers shot a man dead just for having a Swiss army knife out and being drunk during a domestic call, do they really need any more problems? Maybe it's time the police look to the anarchists for conflict mediation advice. Instead of lies, deception, and anger, maybe it's time for discussion, mediation, truth, and community strength.
For more information:
http://www.modanarcho.tk
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Thank you DAAA for that very interesting story. Wow! I encourage you to go here: http://www.fresnoalliance.com/home/GAP.htm
and read about what happened in Fresno. We, a group of anti-sweatshop activists, were arrested in front of Fashion Fair mall a couple of years ago. The Fresno Police Department conspired with the management of Fashion Fair to have us arrested. 19 of us were arrested for trespassing. To the horror of the owners of the mall and the Fresno Police Department, we defended ourselves in court and had the charges dismissed. That was after they threatened us with a year in jail and $10,000 fine. They wanted us to plead guilty and receive 10 hours of community service time.
By holding their feet to the fire and defending our right to free speech we not only won the case but we turned around and sued them for violating our civil liberties. Before the case got to court they settled with us for a HUGE amount of money (the exact amount of which I am prevented from disclosing). But believe me when I tell you it was significant. So significant in fact, that Fashion Fair no longer bothers me when I go out to exercise my First Amendment right to free speech. They still threaten and intimidate other people, but they don’t mess with me.
The lesson here is that when you stand up for your free speech rights, you have them. By allowing the police and business owners to threaten and get you to move on, they are winning the battle. I would look at this as a huge fund raising opportunity. Let officer C arrest you while you are on the sidewalk. I would advise you to film this event with a digital camera.
There are a number of legal steps you should take before getting arrested. Talk to an attorney and get some legal advise and make sure you are not breaking any local laws or ordinances. Have ID on you. Don’t get arrested if you have any outstanding warrants. Don’t have drugs or weapons on you when you get arrested. Most of this is pretty common sense, but you (or whoever is going to risk arrest) needs to know this stuff.
An unexpected bonus from our arrests here in Fresno was the discovery process during the criminal proceedings. We got to find out all kinds of interesting things about what the police and Fashion Fair was up to, behind the scenes. One particularly interesting revelation was that they had an informant in our group. I would look at officer C arresting you as a great opportunity for you to defend your free speech rights, make some money (think out of court settlement), and to learn some interesting behind the scenes information about what the police are doing in and around your group. Have fun!
and read about what happened in Fresno. We, a group of anti-sweatshop activists, were arrested in front of Fashion Fair mall a couple of years ago. The Fresno Police Department conspired with the management of Fashion Fair to have us arrested. 19 of us were arrested for trespassing. To the horror of the owners of the mall and the Fresno Police Department, we defended ourselves in court and had the charges dismissed. That was after they threatened us with a year in jail and $10,000 fine. They wanted us to plead guilty and receive 10 hours of community service time.
By holding their feet to the fire and defending our right to free speech we not only won the case but we turned around and sued them for violating our civil liberties. Before the case got to court they settled with us for a HUGE amount of money (the exact amount of which I am prevented from disclosing). But believe me when I tell you it was significant. So significant in fact, that Fashion Fair no longer bothers me when I go out to exercise my First Amendment right to free speech. They still threaten and intimidate other people, but they don’t mess with me.
The lesson here is that when you stand up for your free speech rights, you have them. By allowing the police and business owners to threaten and get you to move on, they are winning the battle. I would look at this as a huge fund raising opportunity. Let officer C arrest you while you are on the sidewalk. I would advise you to film this event with a digital camera.
There are a number of legal steps you should take before getting arrested. Talk to an attorney and get some legal advise and make sure you are not breaking any local laws or ordinances. Have ID on you. Don’t get arrested if you have any outstanding warrants. Don’t have drugs or weapons on you when you get arrested. Most of this is pretty common sense, but you (or whoever is going to risk arrest) needs to know this stuff.
An unexpected bonus from our arrests here in Fresno was the discovery process during the criminal proceedings. We got to find out all kinds of interesting things about what the police and Fashion Fair was up to, behind the scenes. One particularly interesting revelation was that they had an informant in our group. I would look at officer C arresting you as a great opportunity for you to defend your free speech rights, make some money (think out of court settlement), and to learn some interesting behind the scenes information about what the police are doing in and around your group. Have fun!
Your a great activist Mike, but I think there is more going on here. This is not as much about free speech or a whole bunch of white middle class people with video cameras and lawyers following them around ... this is about the constant harassment of punks, anarchists, youth, people of color, and the homeless who get a different experience from the system at be than the GAP arrestees on a DAILY basis. The problem is going to take more than a lawsuit or mass arrest...mutual and legal aid, copwatch, oversight, and the bonding together of oppressed communities is more in line which calls for an overall movement to strike at core systemic changes.
Congratulations on holding such an even and assertive stance w/o blowing up at the cop. I just happened upon a used book, Verbal Judo: The Gentle Art of Persuasion, written by a PhD in English, who is also an ex-cop. Your story sounds like it ought to be one of his case examples.
I teach anger management and would love to have my students learn to handle themselves as calmly, rationally, and assertively as you did.
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http://elderbearden.blogspot.com/
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