Police Harassment Against D.A.A.A. Collective Continues

Police Harassment Against D.A.A.A. Collective Continues

Doing Anarchist Café in downtown Modesto has always been rewarding, and it has also been a struggle against the police. Seeking to stabilize and secure a safe, open, and well lit space in the downtown where kids can go on Friday and Saturday nights, we see that defending the downtown area as important in building a strong base within the community. Anarchist Café’ includes large amounts of flyers, pamphlets, zines, political journals, books, t-shirts, stickers, etc. We also show films via our portable TV/VCR, and usually give away some sort of snack such as apples, dumpstered donuts, or Food Not Bombs leftovers. We also make a point to watch police activity, document and do Copwatch, and generally provide a sense of balance between the power the police have in the area.

Police has tried their hardest to remove us from the area, and have used a wide variety of tactics. In the beginning, they simply came up and told us that we could table this week, but “had to ask the city”, and couldn’t come back until we did. Power outlets that we once used to plug into to show “Know Your Rights” videos , suddenly the next week were screwed shut. Police often stopped by to look at the literature, and on one occasion took pictures on a cell phone. While Copwatching, police would use laws in wrong pretextes, or simply make up rules. Penal Code 148, (which simply states that you can’t interfere with an officer arresting some one), would be used for justification for not allowing us to observe at all while the police arrested people. Police would say that we had to stay at least 30 feet away from an arrest, and that businesses had a right to remove us from various areas if they complained. Other times officers told us that we could not hang out downtown unless we were buying something, and detained collective members just to give them pointless coptalk. Several complaints have been filed to this date, but, amazingly, something has come back to us. On one occasion police threatened one collective member to, “…Tell your friends that they can’t [observe us]”. Police then began to try and talk businesses into kicking us out. One officer simply walked into a store, and asked if he should move all the people that were hanging out in the front. He then came up to us and told us to move, but didn’t tell us where to go. We then went and talked to the manager, and when he discovered what we were doing, told the police officer we had every right to be there. The next time the police tired this, the manager simply told him that the group had a right to be there.

In the wake of the January 21st Counter-Inauguration Protest, police suddenly declared that people who weren’t buying anything, couldn’t been in the downtown area. Several people were told this was in response to the “riot” that happened, other kids were told that they were simply not allowed in the downtown area anymore. Security guards would tell us that “pig cop” stickers that were showing up on newspaper stands, Starbucks windows, and police cars were another reason.

A week after the police declared, (without citing why, or on who’s authority), that people were not free to go downtown, we decided to go back to tabling. In early February, a Ceres City Council member stole our flyers about Andres Raya, and then called the police on us, (which resulted in the police telling the drunk man to go home), but until last weekend, we have had no direct problems with the police. On February 19th, we were approached by two officers, and this is a report on what happened:

“[6 members] of the DAAA Collective set up for an ongoing activity, (‘Anarchist Café’), [at around 7:10 pm,] on Saturday the 19th of February. Anarchist Café’ consists of handing out free political literature and journals, and also giving away free shirts, patches and books. Donations are excepted if we are offered. A steady stream of people took things, and we gave one homeless couple a t-shirt for free around 7:45 pm. Around 20 people stopped by the table, talking for small amounts of time, and took various flyers and asking what our group does. At around 8 pm, two police officers, (D. Switzer, badge # 119, and S. Switzer, badge # 31), walked up and down the 10th street place, eyeing the table, (which is in fact a banner laid on the ground), with interest, but made no vocal complaints to the collective. They later got into their squad car and left. When they returned at around 8:15 pm, they proceeded directly to the table, and said to Agent Spitball., (collective member), who was directly behind the table, “Is this yours”, and “Are you doing this?”. Spitball replied that the, “whole group was doing it”. They asked again who the leader was. After about 10 seconds of this, I rose from the right side of the banner and asked, now standing beside Spitball and behind the banner, “Is there a problem?” The police asked me the same question again, and I replied once again that the whole group was doing the activity, (there were six collective members present), and asked what the problem was. They then asked me if I was selling the shirts that were on the table, to which I replied that, “No, the shirts are not for sale, but by donation, or free upon request”. Earlier that day a homeless couple that frequents Food Not Bombs Saturday got a shirt that reads, “We have cameras too Coppers!”, and includes a picture of a personal video camera.

The police then stated that we had to pack everything up because we did not have a permit to be out where we were, and that we were in violation of a city municipal code, (G-1.209). I then quickly told the two officers that Jamba Juice management personally, time and time again, had allowed us to table to the direct left of their store, (still in front of), without complaint. I also stated that we had conversed with two officers last week, and they had no problem with the table, and even gave us a direct dispatch line to police HQ. The two police officers were uninterested with either of these points, and simply stated that we did not have a permit, and we were in violation of the municipal code. At this point, I called Nick Degraff, the collective’s civil rights advisor, and offered the phone to one of the officers. The officer, S. Switzer, replied, “I don’t want to talk to him”. She then asked to see our id’s, and took my id, and two others, (Josh , and Rev Terry). They then began to look at them. We then told the police that we had every right to be in the downtown area, engaging in free speech, but the police countered saying that we could not because we were, “advertising” for the purpose of selling, which is against the municipal code. We stated to the police officers that we were indeed not selling anything, and were there for the purpose of distributing political information. The police officer, D. Switzer, simply stated, “It looks like you are advertising”, although gave no direct reference to what we were advertising. Josh also talked to the police about the rights of free speech protected by the Constitution, and the Pruneyard decision, and also how federal and state laws override city Municipal Codes. When he mentioned this, the female officer said loudly and sarcastically, “Oh thank you!”, and then threatened him with arrest if he did not stop, (he did).

At this point, I pointed across the street, and made reference to the many religious groups that gather and pass out literature, and stated that it appeared that this was an example of discrimination on the part of police, and they were targeting us based on our political beliefs. The male officer simply stated that it would be resolved in court. I noticed that the ticket was nearing completion, and I asked if they were ticketing us, and to who. The male officer replied that it was to me. I then asked him why the ticket was going to me. He stopped writing and stated that, “It looks like you are the spokesperson for the group, or the leader. You’re the first person who spoke up”. This is in fact not true, Spitball was the first person to speak. I also didn’t even identify myself as a collective member at first, simply asking, “…is there a problem?”. I then asked again how he could pick me to receive the ticket, when no person established themselves as a group leader, and in fact consistently referred to the fact that the group was an autonomous collective of individuals. He gave the same answer.

Shortly then after signing the ticket, we were then told by the female officer to pack up our things and leave. We did so, much to the complaints of onlookers and passersby. We then crossed the street, and went over a block to our cars. When then left the downtown.”

We urge everyone to please, take a quick couple of minutes, and help us do these things:

1.) Call the Modesto Police Department, and Police Chief Roy Wasden, and tell them to stop harassing the DAAA Collective, and stopping the free speech and free association of youth and all people in downtown Modesto. Call at: (209)572-9500

2.) Email Police Chief Roy Wasden, and tell him yes to free speech, no to police harassment! Email him at: wasdenr [at] modestopd.com