Friday, July 20, 2012

CHALK WALK ACCUSES MAYOR OF ‘CRIMINAL BEHAVIOR’

http://occupylosangeles.org/?q=node/10110



LOS ANGELES – After Thursday Night’ Downtown LA Art Walk Melee, the City blames Chalk Walk organizers for the mini riot and Chalk Walk participants blame the City for excessive show of force, violence, abuse of power, and selective enforcement.

Los Angeles City Mayor, Antonio Villaraigosa, told reporters that what Chalk Walkers did was against the law and not protected by the Constitution.

“That’s not free speech, that’s criminal behavior,” the Mayor told news crews after Art Walk.
Now, participants of Chalk Walk accuse the mayor of similar “criminal behavior”.

As Stephen Box points out on City Watch LA, a website about local politics, on March 7, 2009, The Mayor, City Councilmen, and other officials handed out boxes of yellow chalk to be used on the streets and sidewalk of Sunset Blvd to welcome cyclist Lance Armstrong into town to raise funds for Armstrong’s Hope Rides Again art campaign sponsored by Nike.

The City allowed iconic artist, Shepard Fairey, to use yellow chalk on the side of a building to draw an image for the event.  Fairey later donated $15,000 to Occupy LA after he used a picture of one of the participants of Occupy LA to create the Time Magazine cover for Person of the Year 2011, the Activist


Apparently, the city believes their chalking event is legal because they had a permit. However, the box the chalk comes in seems to encourage what the Mayor calls criminal behavior. 

The bright yellow box of chalk they handed out for Armstrong specifically says, “Show your commitment to the cause by filling sidewalksdriveways, and any blank canvas with your statement of intent, encouragement and inspiration.” Presumably, the box suggests that people do such things without permits.

From online photos, it appears at least one participant in the chalking for Armstrong took liberties for Freedom of Expression against the Mayor by writing “The Mayor is a Fool”.

Chalk Walkers also say the Mayor endorses Ciclavia which shuts down the streets for people to walk, bike, and chalk in the streets without worrying about cars.  The city allows chalk art in the streets for this event.

Chalk Walkers say the Venice Boardwalk is covered in advertised chalk art from Pepsi and others.

In addition, there was an anti-walmart permitted protest in Chinatown several weeks ago. Photos from the event show chalk written all over the streets. Participants of Occupy LA that attended the walmart protest –which union and non-profits organizations – had no arrests and no riot gear.

Furthermore, the week before Chalk Walk, the LA Times featured an article about the Weingart Center’s chalk-art campaign to raise money via text messaged donations for homeless in downtown.  

Additionally, the City’s own Parking Enforcers use chalk on private property when they mark tires of vehicles they wish to monitor for time restrains. However, it is illegal to remove that chalk from one’s own tires in certain circumstances.

Again, the City will argue that these events have permits yet they fail to acknowledge the Constitutional ruling of chalk as Free Speech by the 9th Circuit Court of Appeals in MacKinney v. Neilsen 1995, which specifically states
“No reasonable person can think chalk could damage a sidewalk.”

 “It seems like the city will only allow chalk on sidewalks if someone pays to get a permit,” said one Chalk Walker, “It’s called Free Speech for a reason, it’s supposed to be free for all people, not commodified for corporate sponsors and monied interests.”

Chalk Walkers even question whether the City of Los Angeles even has a permit specifically allowing chalking.

"Chalkvists", activists who use chalk for their activism, say the intimidation, arrests, and violence from Thursday was not simply about chalk but about political repressing their movement since they have now focused in on Central City Association, a business lobbying organization, which activists say has displaced small business owners, minorities, and homeless from down town for decades and lobbied against the 99%' interest in favor of the 1%.

LAPD had made a dozen arrests of activists before Thursday and activists were at Artwalk to do outreach to the community regarding the repression.

# # # 
*PLEASE NOTE: This was written by an individual participant in Occupy LA but is not an official statement.  All official statements have to have consensus from Occupy LA's general assembly.

Thursday, July 19, 2012

Philadelphia cop arrests woman for chalking, is sued

William Gress, a Philadelphia cop, has been sued for arresting a woman for drawing pictures on a sidewalk with chalk. The woman was hired to draw the picture by local merchants. Gress has been sued before.

http://vinhsulaw.wordpress.com/2012/03/11/woman-sues-philly-arrested-for-drawing-on-sidewalk-legalnewsline-jon-campisi-3912/

Woman Sues Philly; Arrested for Drawing on Sidewalk | LegalNewsline | Jon Campisi | 3/9/12

Sidewalk Chalk Flood 2009, another Rob Bliss U...
Image via Wikipedia
PHILADELPHIA (Legal Newsline) – New York resident Emily Hamilton Epstein alleges she was arrested by William Gress, an overzealous Philadelphia police officer, who detained her after she was discovered drawing on a sidewalk with water-soluble chalk on the 400 block of South Street has filed a federal civil rights complaint. The officer ordered Epstein to stop drawing. Epstein claims she had obtained permission by the property owner whose building adjoined the sidewalk prior to carrying out her activities.
The lawsuit contains federal civil rights violations and state law claims of assault and battery, false arrest and imprisonment, malicious prosecution, defamation and invasion of privacy.
The officer arrested Epstein and charged her with obstructing a public highway. Epstein was found not guilty of the criminal charge against her after a bench trial at Philadelphia Municipal Court on Sept. 12.
For full article see: LegalNewsline | Woman, arrested for drawing on sidewalk, sues Philly.

Wednesday, July 18, 2012

Chalking a FELONY in SAN DIEGO!


According to an email blast sent January 25, 2012, two members of Occupy San Diego were cited for drawing on the sidewalk using sidewalk chalk. The email states that Cliff Cramer and another occupier named Angel were charged under San Diego Municipal Code 63.0102(5) which states:
Defacement of Property. It is unlawful to cut, break, deface, or injure any building, monument, rock, fountain, cage, pen, fence, bench, hydrant, swing, or other structure, apparatus or property, or dig caves or other depressions within the cliff areas adjacent to the ocean shoreline without the written permission of the City Manager.
According to posts made on the Occupy San Diego Facebook page, SDPD is also attempting to charge the two occupiers with a felony for putting toxic chemicals down the drains after the rain washes the chalk away.
This is yet another over-the-top charge by the SDPD in the latest string of charges brought against peaceful occupiers in San Diego.
Please check back as we work on gathering more information about the incident.
Correction: The occupiers were not arrested. They were cited and must appear in court.

Sarasota, FL police arrest Iraq War Veteran for Chalking (and other trumped-up charges)


The State Attorney's Office has dropped all charges against Chris Young, the Occupy Sarasota activist arrested for writing chalk slogans on the sidewalk in Five Points Park in February.
Almost immediately after the charges were dismissed, Sarasota attorney Andrea Mogensen notified the city that Young intended to sue the Police Department for violating Young's civil rights.
Sarasota Police officer John Neri arrested Young February 25 on charges of trespass, obstructing an officer, impeding pedestrian traffic and tampering with city property. The arrest came as Young and a handful of other activists were writing political slogans on sidewalks; Young was the only person arrested.
Young, 40, a disabled Iraq war veteran whose disability is not service-related, was handcuffed, taken to jail and released after posting bail.

Orlando, Florida police held a man 18 days without bail for chalking

Timothy Osmar, 25 years old, was arrested and spent 18 days in jail without bond for writing such things as "Justice Equals Liberty" on sidewalks.  In this case, the law is a misdemeanor municipal ordinance against "Advertising Matter".  It turns out, though, that Mr. Osmar WASN'T even CONVICTED!  Finally, after 18 days, the city prosecutor dropped the charges.  


http://articles.orlandosentinel.com/2012-01-12/news/os-scott-maxwell-chalk-arrest-011312-20120112_1_chalk-arrest-orange-county-jail
http://articles.orlandosentinel.com/2012-01-11/news/os-tim-osmar-chalk-writer-occupy-orlando-20120111_1_chalk-protester-sidewalk

Though city officials dropped the charges, City Attorney Mayanne Downs said that was because they felt Osmar had spent enough time in jail. Anyone who "defaces" the sidewalk or other property, even with chalk, still could be arrested, she said.


http://articles.orlandosentinel.com/2012-01-11/news/os-tim-osmar-chalk-writer-occupy-orlando-20120111_1_chalk-protester-sidewalk




Chalk-protest arrest proves costly for Orlando taxpayers
http://www.democraticunderground.com/1002945438
Cost of a 15-pack of Crayola sidewalk chalk: $4. Cost to Orlando taxpayers for arresting chalk protester: $196,363. 

After losing a federal lawsuit filed by a man wrongly jailed for chalking protest messages in front of City Hall, Orlando has now settled all its legal bills and damages. 

Chalk protester Timothy Osmar, who sued the city after his arrest, was paid $6,000 in damages, and the three First Amendment attorneys who took his case split $35,000. 

But the biggest expense was the two high-powered law firms hired by City Hall: Akerman Senterfitt was paid $83,293, and King, Blackwell, Zehnder & Wermuth was paid $72,070.


As soon as he was released, he was back at it again, chalking in front of City Hall until he ran out of chalk - a unrepentant chalker, just like me.

Chalking also illegal in Wichita

Wichita KS, police think chalking is illegal - apparently they have also been killing people, but won't release the names of the officers who are doing the killing.  The citizens are calling for change!
From Occupy316.org:

Wichita Police: No Sidewalk Chalk Allowed



1 Vote

While protesting the shooting death of Karen Jackson by unknown officers of the Wichita Police Department, Occupy Wichita was restricted from using sidewalk chalk on the public sidewalk and concrete of the City Hall pavilion, outside the south-facing doors of the building. I was personally approached by a police supervisor, who informed me that using sidewalk chalk at the City Hall was against the law.
The officer took my information and politely warned me that if I continued to write on the pavement with the chalk, that I would be cited. I questioned the legality of the order, in a respectful manner. The officer, who is the supervisor of building security for the WPD, said that two employees in the city law department had ruled the sidewalk chalk illegal.

Chalking is Free Speech (Not in Los Angeles!)

When I arrived at Occupy LA on Friday July 13, 2012 for the Fort Manning action in support of Bradley Manning, I found out about the violent arrest of 17 people for writing with chalk on the sidewalk, only 2 of whom were Occupiers.  The police used rubber bullets, bean bags, and assault with their hands and feet to bring down the chalkers.  At least 4 people were injured.
Here are some articles about the police crackdown on °chalking°.
http://occupylosangeles.org/?q=node/10094
http://occupywallst.org/article/updates-los-angeles-chalk-walk-police-violence/
http://occupylosangeles.org/?q=node/10057

Prior to the Art Walk / Chalk Walk night, there had been 20 arrests for using chalk on the sidewalks in LA by Occupiers.  


“Free Chalk for Free Speech”. Demonstrators came up with this plan in response to 12 


prior arrests of Occupiers for chalking in the last 6 weeks.




The first chalking arrest in LA was in October 2011.



LAPD spokeswoman Norma Eisenman says people were arrested for multiple reasons, including vandalism for using chalk on the sidewalks. One person was arrested on suspicion of felony vandalism and nine for misdemeanor vandalism, City News Service reported. 
“They were vandalizing the sidewalk and privately owned buildings writing in chalk. The city attorney – this is something they prosecute. It is a misdemeanor and sometimes it can be a felony, said Eisenman.
http://www.scpr.org/blogs/news/2012/07/13/7040/update-downtown-artwalkchalk-walk-skirmish-results/

Citizens of LA, grab your chalk and protest this violation of your right to free speech!

Updates on Los Angeles "Chalk Walk" Police Violence

This is the latest press release from Occupy Los Angeles on last week's Art Walk events. See herefor more background.

LAPD PUSH, SHOOT, KICK MAN IN FACE, ARREST HIM AT ARTWALK
LAPD Arrest and Harm More Artwalkers than Occupiers at “Chalk Walk”

LOS ANGELES – Early Sunday morning videos surfaced online of LAPD violence at Thursday’s Downtown LA Art Walk. LAPD pushed at least one unknown man, shot him in the chest at close range, then kicked him in the face while Occupiers were trying to help him, then the cops squish his face into the ground, then the cops arrested him.
As seen in a youtube video recorded from above, the man was clearly backing up from a line of at least 30 police officers. He turns and walks onto the sidewalk when a police officer pushes him into the street and other officer shoots him in the torso at close range.
After the man stumbles to the ground, two Occupiers come to his aid but police move in, chase the occupiers off, 14 officers surround the man, while one officers kicks the man in the face, then other officers smash his face into the pavement, and violently arrested him. Another youtube video, shows the incident from on the ground.
Occupy activists say at least 4 people were injured with police projectiles.

Now I can't help myself - I'm an unrepentant chalker, looking to be arrested so I can challenge the police and courts on this idea that hopscotch is a felony.  The net day I wrote "Chalking is Free Speech" on the sidewalk - TWICE!  One got the attention of the police, but I was not yet ready to admit that I did it.  From now on, though, I will insist on being arrested and punished to the fullest extent of the law!

Actually, I've started researching what's happening around the world regarding chalking, subsequent arrests, and support for chalkers.