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Drummers Arrested at Wednesday Farmers Market
by Grrr-ant
Wednesday Sep 17th, 2008 8:07 PM
As I arrived to the Wed. Farmers Market, at 3:45pm, I observed an escalating situation.
Drummers increasingly upset that one of their members was being targeted and pulled away from the drum circle. Drummers and supporters followed the police. A second drummer was also arrested as the police called backup and used significant force on the individuals under arrest.
On Wed. at the Farmers Market, 3:45pm, I observed an escalating situation.
Drummers increasingly upset that one of their members was being targeted and pulled away from the drum circle. Drummers and supporters followed the police. A second drummer was also arrested as the police called backup and used significant force on the individuals under arrest.
§Individual being escorted by police
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§The crowd gathers
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§First person cuffed
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Waiting for reinforcements
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Police #s increase
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Drummer attacked
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Chokehold used on drummer
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Keeping the public back
by Grrr-ant Wednesday Sep 17th, 2008 8:07 PM
§Drummers Arrested at Farmers Market Part 2
by Grrr-ant Wednesday Sep 17th, 2008 8:38 PM
A few more images of the arrests.
Multiple police vehicles arrived, streets blocked by patrol cars, additional equipment brought in, before a quick departure.

The first individual being escorted to a waiting police car.
Though he was compliant, he appeared to be in a great deal of physical pain.

The second person arrested was grabbed by the hair and with a heavy use of force, shoved into a waiting patrol car.
Concerned individuals with cameras and/or a video equipment are encouraged to be present at future farmers markets. Community gatherings should be encouraged. Peaceful gatherings cannot and should not be suppressed.
§Prepared to use Tear-Gas
by Grrr-ant Wednesday Sep 17th, 2008 8:38 PM
§More "protection".
by Grrr-ant Wednesday Sep 17th, 2008 8:38 PM

Comments  (Hide Comments)

by Robert Norse
Wednesday Sep 17th, 2008 8:54 PM
Tune in to Freak Radio at 101.1 FM, Or call in at 831-469-3119 or 427-3772.

There should be some video footage posted later tonight or tomorrow morning.
Wednesday Sep 17th, 2008 9:32 PM
by Valerie C.
Wednesday Sep 17th, 2008 9:50 PM
The sad part about all of this is that although the drummers continued to drum, the drummers stopped at one point and announced that they will meet at the clock tower next time. Take some time away from the scene for a while.
Two went to jail for their cause and now they are going to back down.
What was all the fight about if in the end they will relinquish their rights and lose their place to freely assemble?
Does this mean we will continue to relinquish our rights to the powers of force and corporate greed fovever?
When and where will we assemble as human beings instead of robots, buying goods downtown and going back to our little boxes to watch our little lighted boxes to entertain ourselves instead of relate to one another?
Building up our trash cans with useless waste that we wouldn't need if we didn't have to package it in tight plastic so no one will steal it before it's sold.
Scowling at people who can't or refuse to buy shit we don't need. Who look different from us and may have a difference of opinion from us.
Will we get on our little hamster treadmils to get our exersize and shun the great outdoors because we fear the people outside who look different from us?
And fear the police might tell us to buy something or move along.
Keep moving, don't stop, you might find someone who'll tell you it's bullshit and you might question authority! God forbid!

And the Sum Dim's of the world (bullys who hate others) putting people's opinions down with
fast-action pace. Crushing any feeling of friendship, solidarity, and even possibly brotherhood with someone who thinks different then they do. Coming up with the most painful thing known to my heart......HATE.
Oh, how sad it is to see the disease, HATE, take over our lives.

Thank you, dear arrested friends, for standing up for our rights while I cower on the side and retreat when a cop even looks at me.
How I love you for your couragous fight!
May you be at peace tonight. Hopefully you are now released and holding your loved ones in your arms and thanking the Great Spirit for another day of saying, no thank you...I will NOT give up my rights today. If not, I will pray for your release to the end. And Always..always back you up as the true warriors of this world. They went to jail for justice!
by Robert Norse
Wednesday Sep 17th, 2008 10:04 PM
Drummers are not activists. Drumming for some is a spiritual communal activity. It is natural that drummer would want to be left alone and want "a break" from the police-created turmoil.

That doesn't mean that other musicians and activists won't be interested next week in using the public space as it has been traditionally used.

I commend them for their courage thus far. Perhaps those who witnessed the police crackdown will be back next week as well to help take back the public space. Perhaps the broader media will as well. Perhaps folks will flood Mayor Coonerty's office (423-8939) with phone calls demanding a repeal of the law that suddenly turned public parking lots into police parking lots with a law that criminalizes socializing and assembling.

Perhaps folks will make sure that Mayor Coonerty, up for reelection, doesn't get reelected.
Perhaps they will join in protests outside his Bookshop Santa Cruz every Sunday at 2 PM.
Perhaps we will once and for all take measures to restore community control of police.

This story, as they say in the movies, is far from over.
by Coral Brune
Wednesday Sep 17th, 2008 10:29 PM
.....'We have to transform ourselves from a strictly reactive and oppositional movement, into a pro-active one capable of putting forth concrete proposals and mustering the organizational and political heft to translate them into law.

Otherwise, what we can expect is what we've seen: slow and steady erosion of the space (physical and otherwise) for our cultural and social values to be expressed, and a physical re-architecting of the City itself in a way that favors a vision other than our own for what the city should be.'

Those words were submitted by Thomas Levitt. I think these are a pretty good idea for what needs to happen, though some will not be wanting that procedure. A FreeSpace Brainstorming Gathering could be a possibility Anyone interested? Then clarify what was illegal behavior -what the cops stepped over the line of civil rights to DO, get clear on what free space is needed, how everyone will use it, what is not tolerated- like hate or destruction, and more concentration on peaceful realities.
by Gertrud
Wednesday Sep 17th, 2008 10:40 PM
That guy with the pepper or dart gun is the best photo. When x-mas shopping season rolls around (after halloween) it would be great if this could be reenacted, but it was shifted half a block over into the center of Pacific Avenue by the shoe store.
by Coral
Wednesday Sep 17th, 2008 11:11 PM
I agree. and I'm wondering if this is the "education program" mentioned by Sgt. Harms in full force?
by Don't Back Down
Thursday Sep 18th, 2008 8:54 AM
Dear friends,

What's at stake here is freedom - plain and simple. The freedom to peacefully assemble, the freedom to play drums, the freedom challenge the authority of the state, which by any measure is way overdue. Seriously ask yourself this question - Were the pigs there to protect a tree by erecting a plastic fence around it? No - They were there to assert control over something they do not understand (freedom). To try to limit non-consumer oriented interactions (i.e. people who aren't buying food from the Farmer's Market and leaving) with yet another border (in this case a plastic fence) is absurd. To arrest a man for taking down the plastic fence is fascistic.
by Robert Norse
Thursday Sep 18th, 2008 4:39 PM
Some drummers are properly feeling concerned about the impact of their drumming on the Farmer's market stalls closest to the action. I interviewed virtually every stall there yesterday (and will be playing some fo that tape tonight on Free Radio Santa Cruz 6-8 PM at 101.1 FM).

What I found noteworthy was that there was no move to move the drummers on or support for police action against them. I also spoke with Sandra Ward, a long time Board of Directors member. She wasn't aware of any upsurge of complaints or action by the Board against them.

The SCPD has not responded to my Public Records Act request demanding a specific detailing of complaints, citations, arrests. There has been less than a handful of critical letters and calls, at least according to the City Clerk.

Mayor Coonerty has refused to respond with any public documentation of the problem (though he was included in the Public Records Act request).

The police have issued zero "excessive noise" tickets that I'm aware of--and that's the only legitimate reason for targeting drummers.

So what's all the fuss really about?

Hard to tell, because there has been no public process involved in the alleged Drum Circle menace. Coonerty's preference (and indeed that of the City Council generally) has been conduct matters behind closed doors. So it was with recent crackdowns on Pacific Avenue, the removal of benches, the closing half the public sidewalk in front of New Leaf at night, etc.

I suggest the SCPD, DTA, and City Council crackdown is fundamentally a bluff. A lifestyle decision, another chapter in the conservative cultural war. And one that can be rebuffed if we're not outfoxed.

Mayor Coonerty doesn't want massive arrests and disturbances downtown. He hopes to frighten and fasttalk folks into fitting into the police-imposed behavior guidelines. The point is to get people to "police themselves", i.e. to internalize the police mentality that involves surrendering individual rights to deal with the menace of the moment.

It's the local equivalent of the Clinton-Bush War on Terror. Create and exaggerate an enemy (Al Qeuda, Iraq, Iran, Talliban nationally; drugs, traffic problems, noise, unruly hippies locally). Expand police power, contract public comment and public space, assume more political leadership.

In this case, city authorities are moving to further tighten control of Public Spaces using Coonerty's discredited Parking Lot Panic Law. It's so much easier to control people if they surrender their rights and public spaces voluntarily. So much less costly. And plays so much better with the tourists.

Alternately, if people resist actively, police either go away--as the did in January--or they try a few hard strikes and hope that frightens people into leaving.

Public opinion is on the side of public assembly and Santa Cruz diversity. This is my belief. It certainly seems to be the case with the Farmer's Market anyway--those folks I spoke with yesterday.

People need to plan carefully and bravely for next Wednesday, for Coonerty's next appearance, for the September 23rd City Council meeting, for other places to protest and take back popular control.

While some drummers are taking a much needed rest, the rest of the community needs to make sure their space isn't reduced to barren sterile concrete and green mesh fences. Perhaps some guitarists? Some tablers? A few more groups like the Raging Grannies? Some jugglers? A hackeysacking contest? An event next Wednesday that retains the Public Space would certain be a tribute to the man sitting in jail whose brave drumming helped keep this space public for the last year.

Peoples, it's up to us.
by My name is Brent.
Thursday Sep 18th, 2008 7:46 PM
I've been supporting these drummers for over 5 years in this very spot. Every week I drum for 20 minutes or so and then I move on.
I know about making loud noise because I've been playing a 55 gallon plastic barrel downtown for 6 years. No one has ever once come
up to me to tell me that i'm too loud or am bothering them in all that time. Not once have I seen a person come to the drum circle with a complaint.
What I DO see in fact are hundreds of beaming smiles. Family members dancing with their children and sharing food purchased at the market
are common sights but never have I seen a frown or someone asking us to lower the volume or stop. Not once.

I was there yesterday and I saw the "melee". I'm the guy in the photo facing down the fat cop with the teargas gun. "How dare he!" I thought.
Really folks, the fotos clearly show the cops walked themselves to the wall dragging their victim. then drum supporting activists crowded around. This guy had only taken his nail clipper and snipped ONE plastic fastener on the fence. They didn't warn him they just chased him around the parking lot then jumped him. Wes Modes was rightly pissed off .. at no point did he touch an officer.. The officers kept charging at the crowd shoving them back. Then the wall of police showed up and made it look like there was a riot.. it was just a police riot.
for shame!! Guess who'll be back supporting the drummers next week? I suppose I'll clear my calender for the next few days after that.
They'll probably be chasing me around the lot next week.
by A friend
Friday Sep 19th, 2008 11:45 AM
You guys crack me up. "He has been going through some difficult personal stuff in the past year or so?" "If he is dealing with an illness, he should get support for that?"

You people are a riot. He's neither ill nor having a rough year. Maybe he's a narc -- no way to know really, unless you know him. But you can decide for yourself.

Whether agents paid to spread disinformation or just ambitious amateurs, there is an intention here to give a false impression. Called cointelpro several decades ago, now just par-for-the-course investigative technique. Mr. Ashcroft re-wrote those rules for us, thank you very much. Really, you aren't a paranoid crazy to call it what it is. Remember, the local PD infiltrated a parade planning meeting a few years ago, and the rules governing cops have loosened considerably since then.

Rely only on sources you trust. Depend on what you see with your own eyes.

If cops beat someone and then the DA withdraws the charges "pending investigation," it might be a bit of an embarrassment to list it in the media log, eh?
by A friend
Friday Sep 19th, 2008 12:03 PM
This is sweet and really clever.

"I know many of us are aware of these because when activists can't keep a day job or have trouble getting along in day jobs and use tactics like work email in heavy-handed or innappropriate ways to promote political or personal causes, they may scare their colleagues, the word gets out---no matter who the activist is, he or she will get a reputation. They already have that at work and we all know the word gets around and alarms us. But let us stick to the public issues."

This is a interesting technique and logical fallacy. It is an attempt to use a casually dropped allegation to address a different argument entirely, as if the casually dropped allegation is true by de facto.

That is, first we argue that a person is ill, has been having problems. Then we leak without proof that they are using work resources in inappropriate ways so as to threatened their job.

Believe what you know, not what agents of the state would like to smear us all with.
by Wes
Friday Sep 19th, 2008 12:33 PM
Who is this person? I don't know "Julie" and I don't know "Earthjoy." Clearly not friends of mine.

So weird, to realize that we are the subjects of attempts to discredit and smear us. Does the state and law-enforcement really think we are that big a risk? Our humble drums? Our free movies? Education outside of institutions?
by Angela Flynn
Friday Sep 19th, 2008 10:33 PM
The police officer I spoke to last Wednesday told me that the police have nothing to do with the fencing that has been placed around the magnolia trees in the Cathcart/Cedar parking lot. Sergeant Harms told me the same thing the week before. They told me that they are only there to at the request of the city. No names or departments given.

On Thursday, Parking Maintenance told me that they are required to fence off around the trees during the Farmer's Market and that the police requested that they extend this to the adjacent parking lot.

PM also told me the trees have suffered much damage with broken limbs and people urinating around them. Well I have examined those trees and there are no broken limbs. They look quite healthy. Pounding stakes around the trees and into their roots is harmful to the trees. Magnolias are very sensitive to root disturbance. I would think Lynn Robinson, who is a gardener, would be aware of this. She may also want to take note of the trucks and bicycles parked in the fencing "protecting" the trees in the Farmer's Market lot.

It could help to have people contact Parking Maintenance and request the fencing be taken down as the police are clearly wrong about the damage to the trees.

by Herman I. Kalfen, JS, REA, NAEP
(kalfenlawoffice [at] Saturday Sep 20th, 2008 9:53 AM
Hi. I am a UCSC Graduate (Psychology, Kresge Sextets). I live up in the City but I am in Santa Cruz every week. I was a free lance photographer back in 1989 when the police were arresting people for giving free soup to the homeless at the clock tower and in front of city hall in Santa Cruz. I am looking for a location to put on an art show of those civil disobedience pictures I took. These pictures rival same. Perhaps we could do a then and now. I also offer some legal help regarding this particular incident and for the future. I recall Rob Morse when I was taking pictures at the clock tower and Rob was sitting at a little desk with an old fashioned manual typewriter pounding out articles for the Street Sheet while the billy clubs and tear gas flew. I trust Rob, Rob, please call me. Thanks, Herm
You say forty comments were removed. What forty comments? The fake protest? The call to have drummers shot? I don't like censorship, however, this is not the Sentinel forum. Why blame Bradley for the removal of comments? All he has done for years now is do outstanding photo journalism any news paper would be proud to have and pay for. But he, I would imagine, has decided to use his talents in a more free arena than the main stream media. ( and again for free). Personally I am very glad to have Bradly around, seemingly everywhere we need him doing excellent work. He shows us what he sees.

Indybay has worked fairly well in restoring comments of substance when asked recently. (for free) I don't always agree but understand its an art under their current guidelines. Why I would like to see hidden comments that we can check out if we wish, thats not how its done right now. They allowed that debate to occur over censorship month ago. So please, be more specific and don't blame the photographer. If you think the action by the police was justified, then present an argument in an on topic fashion without calling for violence against people and I am fairly sure indybay will post it.

Have a problem with cenorship, fine but please be more specific. Maybe search for the post on that topic and bring it up there.
What comments and what does Bradley's photo Journalism have to do with editors choices

by Yeah food!
Saturday Sep 20th, 2008 8:36 PM
Your reference is right on. The situation now seems very similar to the one in 1989. One arrestee, Jack Rusk, the one without a shirt, has been cooking with Food Not Bombs for a long while now. What's wrong with free food and community? And why are we still having to ask that? Please show up to document what happens next Wednesday. The struggle continues!
by ElderHermit
Saturday Sep 20th, 2008 9:35 PM
I plan to be at the farmer's market. And I am telling friends.

I am glad to see people standing up for themselves.
by Rise up!
Saturday Sep 20th, 2008 11:11 PM
Everyone should be preparing for Wednesday. We need to protect our rights and show support for those that have stood up putting there lives in turmoil, sacrificing themselves for our rights.

THANKS WES! We Know who you are! We see through the lies. We will not be intimidated! We will stand up.
by Robert Norse
Sunday Sep 21st, 2008 12:30 PM
2-4 PM Today: Protest Against the Police Violence at the Drum Circle as well as general police violence against the homeless. In front of the Bookshop Santa Cruz today.
by maura callahan
(maurac [at] Sunday Sep 21st, 2008 3:44 PM
Clarification: Jack Rusk is continually bundled in these articles as a "drummer". Jack was delivering food to the drum circle, a regular Wednesday stop for Food Not Bombs. He was there in peace, and while officers were questioning his presence, the drummers responded. He was caught in the melee, not instigating it.
by let's do this
Sunday Sep 21st, 2008 5:28 PM
Is there someone reading this that can make a flyer and new post calling for a demonstration on Wednesday?
How are we going to respond?
Moving the drum circle to the clock tower is not the solution our community should seek.
by Robert Norse
Monday Sep 22nd, 2008 6:53 AM
There is an afternoon City Council meeting Tuesday September 23rd at 3 PM. Unfortunately (and perhaps intentionally), the Oral Communications period has been placed at the end of the meeting at a time uncertain, so those wanting to speak would have to wait at least several hours to be sure to get their two minutes to speak. This is an intentional arrangement, cooked up by Mayor Coonerty, which discourages public comment.

A second option is to come to City Chambers about twenty minutes early with drums, signs, musical instruments, costumes, and numbers of people, and do a protest there BEFORE the Council meeting starts. There is much greater latitude to speak out, address people in the chambers, hold up signs, even play drums, prior to the formal beginning of the Council meeting.

As for a new flyer inviting people to protest Wednesday afternoon at the site of the Drum Circle, any of the prior flyers made under the threads discussing the crackdown on Public Assembly in Parking Lot #4 can be used by making a few alterations. I'm working on a new one myself.

Glad to see the spirit of liberty is still alive.

Final note: the green mesh fences are not up around the three areas under the trees where people normally sit. This clearly throws doubt on the claim that the fences that magically go up on Wednesday morning are needed to "protect" the trees.

I encourage environmentalists to weigh in in more detail on the effect of pounding in stakes to set up the fences and the impact this has on the trees' roots. Someone might be interested in making a Public Records request or a written inquiry to clarify who specifically ordered the fencing under what pretext.
by Robert Norse
Monday Sep 22nd, 2008 7:21 AM
The SCPD press release on the arrest of Jack Rusk and Wesley Modes can be found at:

Cut and pasted, it reads:

DATE/TIME: September 17, 2008--3:46 PM LOCATION: Cedar St. at Cathcart St.
TOPIC: Assault on Police Officers CASE NUMBER: 08S-08553


1. Name: Wesley Modes DOB: 9/29/1966 Arrested: Yes Charges: 148(A) PC/243 PC/405a PC Address: Santa Cruz County

2. Name: Jack Rusk DOB 4/4/1988 Arrested: Yes Charges 148(A) PC, 594 PC Address: Concord, CA

VICTIM(S): Santa Cruz Police Officers


On September 17, 2008 at 3:46 PM, Santa Cruz Police Officers contacted a subject damaging City property in the parking lot near the Farmer's Market at Cedar and Cathcart Streets. The subject,later identified as Jack Rusk, was cutting the fencing which protected a planter area in the parking lot.

While investigating the violation, officers were surrounded by a hostile crowd of drummers and their supporters. A large crowd pushed the officers away and forced themselves between the officers and Mr. Rusk. Despite the crowd's efforts, the officers were able to regain control of Mr. Rusk. The hostile crowd continued to surround the officers and pushed them back against a building. The officers called for emergency assistance. In addition to Santa Cruz officers, deputies from the Santa Cruz County Sheriff's Office and officers from the California Highway Patrol were dispatched to assist. Before the officers from other agencies could arrive, Santa Cruz officers were able to safely secure Mr. Rusk. Officers established a protective line between themselves and the hostile crowd to ensure the safety of the officers and suspects.

During the attack Wesley Modes was one of the individuals identified as instigating and carrying out the assault on the officers. Officers and witnesses stated that Mr. Modes aggressively pushed against the officers with his large drum, pushing them away and block them from Mr. Rusk. Additionally, Mr. Modes was leading the crowd in their hostile action.

Mr. Modes was arrested and booked into Santa Cruz County Jail on charges of assault, resisting an officer, and vandalism. Officers will be reviewing video footage to identify other suspects in the assault.

BACKGROUND: Over the past several weeks, Santa Cruz Police Officers have been addressing the numerous complaints from the community regarding disrespectful behavior by supporters of the informal drum circle. The behaviors included standing in the way of cars, blocking parking spaces, drug use/sales, littering, urinating in public, and damaging vegetation.

The Police Department has engaged in an educational campaign, engaged in discussion about potential problems; and asked for voluntary compliance.

For additional information contact Captain Steve Clark Phone: (831) 420-5847

To leave ANONYMOUS information regarding this incident, please call our TIP LINE at (831) 420-5995.

NORSE NOTE: This report does not mention Wes's report that the jail refused to take him because the insides of his leg, split open by a billyclub, were falling out.

Wes says he was instead taken to the hospital, given sutures and medication, and returned to the jail where he was admitted and held until the next day and released with no charges filed.

Wes says the police tried to raise the bail from $15,000 to $50,000 by citing five additional charges of violating the 15 minute law, in papers already prepared when he was arrested, indicating that he was previously targeted.
by Robert Norse
Monday Sep 22nd, 2008 7:27 AM
More discussion and audio tape of the protest and police assault on public assembly and related interviews can be found at (download and skip past other topoics) (download and go past the first hour of the file)

My apologies for the breaks in the tape and the occasional poor quality of the tapes. Some interesting discussion with Sgt. Michael Harms can be found in both files.
by A Friend
Monday Sep 22nd, 2008 11:01 AM
Clarification: The bail for the charges of Lynching (?!) is normally $5000, but the SCPD and the city argued to have it set ten times that amount to $50,000 (that's right, count those zeros).

City Attorney Barrisone had already prepared 5 infractions from the previous week for Wes Modes. They used these infractions to argue that Modes was likely a recidivist and that therefore the bail should be raised. Those 5 infractions were:

(1) Standing on a planter "not designed or ordinarily used for this purpose,"
(2) "disturbed plants lawn or grass areas which through the erection of remporary fencing the City had specifically intended to protect,"
(3) used parking lot number 4.. for a purpose other than parking and retreiving a motor vehicle or bicycle,"
(4) occupied a portion of a public place... so as to obstruct pedestrian and vehicular traffic,"
(5) willfully displaced and removed public property, i.e., temporary fencing... to protect the planter and tree areas within the fencing."

by Some were mine
Monday Sep 22nd, 2008 5:45 PM
There have been many posts removed on this thread Tim, one of them mine.

Mine didn't call for lynching, or anything inflamatory. I simply stated that I didn't believe the theory that Wes was an innocent victim of police repression in this instance. I based this belief on posts by himself and you that preceded his arrest.

Specifically, that Trash Orchestra posted a thread early Wed. calling for confrontation at the market later that day. And that you posted pictures that appeared to show Wes purposely placing himself between police and the guy who got arrested.

Those pictures, taken by you, seem to refute the claim that Wes did nothing, and that he was attacked by 3 police for no reason and with no provocation.

Is that specific enough for you?

It's more than a bit disingenuous on your part to ask us to show/prove the censored posts when they are no longer available to show. Your pictures though, are available. They've been reposted and linked via discussion threads on the Sentinel Web sight. They appear to show Wes pushing himself between a single arresting officer and the guy who got arrested; a very different story than the one now being told.

Please copy this post if you want proof of its existence Tim; I doubt it will last long.
by A friend
Tuesday Sep 23rd, 2008 11:39 AM
148. Resisting, Delaying, or Obstructing Officer

(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

243. Punishment for battery generally; Punishment for assault against specified officers or others

(a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(b) When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private ca-pacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

405. Riot

Every person who participates in any riot is punishable by a
fine not exceeding one thousand dollars, or by imprisonment in a
county jail not exceeding one year, or by both such fine and

(a) The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.
by D
Wednesday Sep 24th, 2008 7:41 AM
Please. Drummers go home. Do you not have anything better to do than impede the parking lot so customers of the farmers market can't even get to an open parking space? Why go the downtown farmers market? It isn't worth it when you have to put up with obnoxious drummers that won't move until you lay on the horn several times. Some people want to support the market by spending money. Instead, you guys eat hand outs while you drum and block access for everyone else. Hell, you block the sidewalk too. It's time to find a new hang out. Go home. And yes, the guys was arrested for vandalism to a fence surrounding the tree. Perfectly legal and perfectly acceptable. Want someone to come cut your drum in half? Didn't think so.
by Observer
Wednesday Sep 24th, 2008 11:04 AM
Fences back up. Put up under police guard this morning.

Another observer says they were put up last night, and then later in the evening shanghaied by persons unknown, plastic fencing, stakes, and all.

Drum on!
by Friend
Thursday Sep 25th, 2008 5:27 PM
Look for someone handing out flyers at the drum circle and ask them.
Still photos of a drummer (Wes Modes) standing between a police officer (part of a harassment team designed to discourage a public assembly) and a "criminal" Food Not Bombs foodserver (Jack Russ) is not evidence of obstructing an officer or resisting arrest or assault or battery.

There is no indication of whether Wes was standing there beating his drum in protest and the police officer and the foodserver got tangled up in Wes as he stood there or Wes inserted himself there intentionally or whether some third scenario played out.

That's probably why all this didn't persuade a judge to raise Wes's bail or even coax the D.A. into filing charges.

Cops fence off areas normally used for public assembly for the purpose of denying people their right to assemble there. They ignore many who peacefully disassemble the fence and reoccupy the public area. And they target the lead foodserver of the Food Not Bombs meal Jack Russ. Of the drummers pounding their drums in protest as Russ is harassed, they then target Wes Modes, chief organizer of the Trash Orchestra.

In the process, cops create a near riot and strike several people--one so seriously he is denied entrance to the jail and requires hospital treatment (Wes).

Who's creating the provocation here?
by Herman Kalfen
Sunday Nov 23rd, 2008 11:32 PM
Someone please call me if I can help. I also want to exhibit my volumes of black and white photos of the soup arrests from the 1980's. 415.315.1710

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