Pro-immigrant activists with Occupy Denver file suit against DIA and DPD, challenge airport free speech “permit”

Pro-immigrant activists with Occupy Denver file suit against DIA and DPD, challenge airport free speech “permit”


DENVER, COLORADO- Civil liberties champion David Lane has filed a complaint in US district court challenging Denver’s office of the city attorney for instituting a permit process at DIA to prevent public protest. Holding signs has become impermissible at the airport, without the issuance of a permit seven days in advnace, although police are not bothering themselves about signs welcoming homecomers or seeking to connect business visitors with their limo service. That selective enforcement is unconstitutional of course, and the lawfirm powerhouse of Kilmer Lane & Newman is filing suit on behalf of two Occupy Denver plaintiffs. last Sunday, January 29, both were threatened with arrest by DIA police. While two earlier attempts to assemble had capitulated to DPD intimidation, the Occupy Denver activists stood their ground. Why did you file your lawsuit? “We know our rights. We want the POLICE to know our rights.”

1. Full text of complaint:

Case 1:17-cv-00332 Document 1
Filed 02/06/17 USDC Colorado Page 1 of 14

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,?
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

COMPLAINT

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, allege as follows:

INTRODUCTION

1. Plaintiffs Eric Verlo and Nazli McDonnell challenge a regulation of alarming breadth that bans all First Amendment expression at Denver International Airport without a permit.

2. Plaintiffs are concerned citizens who believe that President Donald Trump has overstepped his executive authority by signing the January 27, 2017, Executive Order (hereinafter “Muslim Ban”), which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit).

3. Plaintiffs wish to express their disgust with President Trump’s (likely unconstitutional) Muslim Ban. They wish to do so in the same place that hundreds of thousands of Americans across the country have done: standing directly outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within an airport where immigrants to America enter into the main terminal after clearing customs. Plaintiffs, unlike many citizens across this great nation who have exercised their opposition to the Muslim Ban in airports by chanting, singing, dancing, and praying, simply wish to stand in silent protest, holding signs that express their solidarity with immigrants and the Muslim community.

4. Plaintiffs are banned from doing so by DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”).

5. Regulation 50 states: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

6. Plaintiffs ask that this Court enjoin the enforcement of Regulation 50 and prohibit Defendants from arresting them for their First Amendment-protected activity of standing in peaceful protest within Jeppesen Terminal. Regulation 50 is overbroad in violation of the First Amendment and vague in violation of the Fourteenth Amendment’s Due Process Clause.

7. This is a civil rights action for declaratory and injunctive relief as well as fees and costs arising under 42 U.S.C. §§ 1983, 1988 and 28 U.S.C. Section 2201 et seq. due to Defendants’ current and imminent violations of Plaintiffs’ rights guaranteed by the First and Fourteenth Amendments to the Constitution of the United States.

PARTIES

8. Plaintiff Eric Verlo is a citizen of the United States of America. Mr. Verlo wishes to show his resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

9. Plaintiff Nazli McDonnell is a citizen of the United States of America. Ms. McDonnell wishes to show her resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

10. Defendant City and County of Denver is a municipal corporation and political subdivision of the State of Colorado. Thus, it is an entity subject to the provisions of § 1983.

11. Defendant Antonio Lopez is a Commander with the Denver Police Department. Commander Lopez is responsible for security at Denver International Airport’s Jeppesen Terminal.

12. Defendant Virginia Quinones is a Sergeant with the Denver Police Department. Sergeant Quinones is responsible for security at Denver International Airport’s Jeppesen Terminal.

JURISDICTION AND VENUE

13. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983; the First Amendment to the United States Constitution, incorporated as against States and their municipal divisions through the Fourteenth Amendment to the United States Constitution; and the Due Process Clause of the Fourteenth Amendment.

14. This Court has jurisdiction under 28 U.S.C. § 1331 over Plaintiffs’ claims that “arise[] under the Constitution of the United States.”

FACTS

15. On January 27, 2017, President Donald Trump signed an Executive Order, which permanently banned Syrian refugees from emigrating to the United States, temporarily banned nationals of seven countries (including permanent legal residents and visa-holders), and suspended all applications to the United States refugee program (even as to vetted entrants currently in transit). President Trump’s Executive Order has been subsequently referred to as a “Muslim Ban,” because it both mirrors President Trump’s racist, anti-Islam statements made on December 7, 2015, that he was planning to ban all Muslims from entering the United States until our representatives can “figure out what’s going on” and the ban targets countries whose population is predominantly Muslim and seemingly bears little rational relation to each country’s security threat to the United States.

16. Immediately upon the enactment of President Trump’s Muslim Ban there was an outpouring of outrage from a large proportion of the American population and across the spectrum of political affiliation. This outrage led to resistance in the form of protests.

17. On January 28, 2017, and January 29, 2017, protests erupted in nearly every major city in the United States. The protests organically formed in our nation’s airports. Protesters chose to express their disgust with President Trump’s Muslim Ban in airports (and specifically outside of the secure CBP screening area) because individuals affected by the ban who were in transit to the United States were being held and questioned by CBP agents there. Many of these travelers, including lawful United States residents, were forced to sign documents revoking their lawful status within the United States and deported. Still others were simply deported with no explanation. Others still were held for hours as teams of lawyers rushed to prepare habeas petitions for their release.

18. News reports about the protests make clear that they have been peaceful and non- disruptive despite the gathering of, in some cases, thousands of people.

19. Airport staff have told protesters, and would-be protesters, at numerous airports across the nation, including Kansas City International Airport, that there are no restrictions on their speech and that all protesters who wish to participate in actions against the Muslim Ban are allowed. Protests have continued in other cities to this day.

20. On January 28, 2017, there was one such protest at Denver International Airport, within the Jeppesen Terminal. At approximately 5:00 p.m. hundreds gathered in the Jeppesen Terminal’s atrium, near arrivals, to protest and many others gathered to bear witness.

21. Prior to the protest, leaders had applied for a permit. It was denied. The reason for its denial was that the permit was not requested with seven days advance notice of the protest occurring. Regulation 50 requires seven days advance notice.

22. The January 28, 2017, protest began with speeches, chants, songs, and prayers. It was a peaceful gathering of solidarity for immigrants and Muslims. Every person at the January 28, 2017, protest was contained in an area of the Jeppesen Terminal atrium that is designed as a gathering space for people to sit, relax, and converse. No one was standing in the walkways or passageways of the terminal.

23. Soon after the January 28, 2017, protest began, members of the Denver Police Department arrived on-scene. Commander Antonio Lopez engaged the leader of the protest, Amal Kassir, along with State Representative Joe Salazar and representatives from the ACLU of Colorado, and informed them that the protest was unlawful. Commander Lopez told Ms. Kassir that anything that “could be construed as Free Speech” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit. See Exhibit 1, January 28, 2017 Video.

24. Commander Lopez also stated that all “First Amendment expression” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit on Regulation 50. Commander Lopez handed Regulation 50 to multiple protesters, including Ms. Kassir. See Exhibit 2, January 28, 2017 Video 2.

25. Regulation 50 states (in pertinent part): “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

26. Commander Lopez, along with members of Denver International Security, told Ms. Kassir that every portion of Denver International Airport property, which has an approximately fifty square mile footprint, is off-limits for First Amendment expression. They suggested that Ms. Kassir move her protest to Tower Road, which is approximately six miles from the Jeppesen Terminal and, like most of the land surrounding Denver International Airport, adjacent to open prairie land with no inhabitants.

27. Commander Lopez threatened Ms. Kassir and numerous other demonstrators with arrest if they didn’t immediately cease any “First Amendment expression.” According to Commander Lopez’s directives, the individuals gathered in the Jeppesen Terminal could not stand holding signs, sing, speak to others about matters of public concern, hold the United States Constitution above their shoulders, or stand silently with their arms interlocked.

28. Ultimately, to avoid arrest, Ms. Kassir and the demonstrators moved outside of the Jeppesen Terminal to the large area on its south side, adjacent to the escalators leading to the commuter rail and under the Westin Hotel. The protest continued peacefully for a little while longer, then disbursed without issue.

29. The next day, January 29, 2017, Plaintiffs Eric Verlo and Nazli McDonnell traveled to Denver International Airport’s Jeppesen Terminal to express their opposition to President Trump’s Muslim Ban.

30. Mr. Verlo and Ms. McDonnell brought with them signs expressing support for immigrants and expressing concern that history was repeating itself with disastrous potential consequences.

31. Mr. Verlo and Ms. McDonnell positioned themselves adjacent to the secure CBP screening area within the Jeppesen Terminal at approximately 1:15 p.m.

32. Adjacent the secure CBP screening area at the Jeppesen Terminal is the only place where Mr. Verlo and Ms. McDonnell can reach their intended audience. Mr. Verlo and Ms. McDonnell wish to communicate with those who could be swayed by their message and, particularly, with immigrants. International travelers are often immigrants and/or lawful United States residents, including green card and other visa holders, other than citizens. Mr. Verlo and Ms. McDonnell wish to express their solidarity with immigrants directly to these individuals. Further, United States citizens who arrive from international locations are also individuals with whom Mr. Verlo and Ms. McDonnell wish to communicate. International travelers have experienced other cultures and are likely to be sympathetic to Mr. Verlo and Ms. McDonell’s message.

33. The secure CBP screening area is also the location where the Muslim Ban has been enforced by DHS, both at Denver International Airport and across the nation. Neither Plaintiff attempted to enter any restricted areas of Denver International Airport.

34. While silently displaying their signs, Mr. Verlo and Ms. McDonnell were in the open plaza near the secure CBP screening area within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand. Mr. Verlo and Ms. McDonnell did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

35. Mr. Verlo and Mr. McDonnell also observed another man in the terminal, named Gene Wells, who was expressing views similar to theirs.

36. Mr. Wells was wearing a sign taped to the back of his shirt.

37. Mr. Wells left the Jeppesen Terminal, but subsequently returned to protest. When he did, he was stopped by Denver Police Department officers who told him that he could not walk around the terminal with the slogan he had affixed to his back. Mr. Wells eventually rejoined Mr. Verlo and Mr. McDonnell at the international arrivals doors, but not without trepidation. He feared he might be arrested.

38. While Mr. Verlo and Ms. McDonnell were displaying their signs, Defendant Sergeant Virginia Quinones approached Mr. Verlo and Ms. McDonnell and threatened them with arrest if they did not leave Jeppesen Terminal. See Exhibit 3, January 29, 2017, Video.

39. Sergeant Quinones handed Mr. Verlo and Ms. McDonnell Regulation 50 and cited it as the reason they would be arrested if they did not leave Jeppesen Terminal. Id. Sergeant Quinones told Mr. Verlo and Ms. McDonnell that they would need a permit in order to stand silently, holding signs in opposition of the Muslim Ban and be in compliance with Regulation 50.

40. Had Mr. Verlo and Ms. McDonnell applied for a permit the second President Trump signed the Executive Order implementing the Muslim Ban, they still would have been unable to engage in protest within the Jeppesen Terminal under the terms and conditions of Regulation 50 on January 29, 2017.

41. Mr. Verlo and Ms. McDonnell did not immediately leave the Jeppesen Terminal after being threatened with arrest. However, they were startled by Sergeant Quiones’ threat and feared arrest for the duration of the time they were there.

42. Throughout the time Mr. Verlo and Ms. McDonnell were expressing their views within the Jeppesen Terminal they received numerous shows of support from passersby. Multiple self- proclaimed Muslims expressed heart-felt statements of appreciation to Mr. Verlo, Ms. McDonnell, and others holding signs.

43. Mr. Verlo and Ms. McDonnell ultimately left Jeppesen Terminal.

44. Mr. Verlo and Ms. McDonnell wish to return to Jeppesen Terminal to express solidarity with Muslims and opposition to the Muslim Ban, but are reticent to do so for fear of being arrested.

45. Upon information and belief, no individual has been arrested, or threatened with arrest, for wearing a “Make America Great Again” campaign hat without a permit within the Jeppesen Terminal at Denver International Airport.

46. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign welcoming home a member of our military without a permit within the Jeppesen Terminal at Denver International Airport.

47. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign and soliciting passengers for a limousine without a permit within the Jeppesen Terminal at Denver International Airport.

48. Upon information and belief, no individual has been arrested, or threatened with arrest, for discussing current affairs with another person without a permit within the Jeppesen Terminal at Denver International Airport.

49. At all times relevant to this Complaint, Defendants acted under color of law.

CLAIM I: FIRST AMENDMENT
(§ 1983 violation – all Defendants)

50. Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the foregoing paragraphs of this Complaint as fully set forth herein.

51. Regulation 50 violates the Free Speech Clause of the First Amendment to the Constitution, on its face and as applied, because it impermissibly curtails Plaintiffs’ free-speech rights.

52. Plaintiffs wish to speak on a matter of public concern. 11

53. Denver International Airport’s Jeppesen Terminal is a public forum.

54. Regulation 50 directly infringes upon and chills reasonable persons from engaging in activity that is protected by the First Amendment.

55. Regulation 50 acts as an unconstitutional prior restraint on speech because it (1) requires a permit before allowing individuals to engage in speech, (2) allows for arbitrary and/or discriminatory permit denials, and (3) requires advance notice that is unconstitutionally excessive.

56. Regulation 50 is overbroad.?

57. Regulation 50 is not narrowly tailored to serve a compelling government interest.?

58. Regulation 50 does not further a substantial government interest.?

59. Regulation 50’s restriction on expressive conduct is greater than necessary to further any
government interest.?

60. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly or
proximately, Plaintiffs to suffer damages.

CLAIM II: FIRST AMENDMENT RETALIATION
(§ 1983 violation – all Defendants)

1. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein. ?

2. Plaintiffs engaged in First Amendment protected speech on a matter of public concern ?while displaying signs opposing President Trump’s Muslim Ban on January 29, 2017.

3. Defendants jointly and on their own accord responded to Plaintiffs’ First Amendment protected speech with retaliation, including but not limited to threatening Plaintiffs with arrest.

4. Defendants retaliatory actions were substantially motivated by Plaintiffs’ exercise of their First Amendment rights.

5. By unlawfully threatening Plaintiffs with arrest, Defendants sought to punish Plaintiffs for exercising their First Amendment rights and to silence their future speech. Defendants’ retaliatory actions would chill a person of ordinary firmness from engaging in such First Amendment protected activity.

6. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

CLAIM III: FOURTEENTH AMENDMENT DUE PROCESS
(§ 1983 violation – all Defendants)

7. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein.

8. The prohibitions of Regulation 50 are vague and not clearly defined. ?

9. Regulation 50 offers no clear and measurable standard by which Plaintiffs and others can ?act lawfully.

10. Regulation 50 does not provide explicit standards for application by law enforcement officers.

11. Regulation 50 fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits, and authorizes or encourages arbitrary and discriminatory enforcement, or both.

12. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against Defendants, and grant:

(a) Appropriate declaratory and other injunctive and/or equitable relief; 13

(b)  Enter a declaration that Regulation 50 is unconstitutional on its face and enjoin its enforcement; ?

(c)  Compensatory and consequential damages, including damages for emotional distress, loss of reputation, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial; ?

(d)  All economic losses on all claims allowed by law; ?

(e)  Punitive damages on all claims allowed by law and in an amount to be determined ?at trial; ?

(f)  Attorney’s fees and the costs associated with this action, pursuant to 42 U.S.C. § ?1988; ?

(g)  Pre and post-judgment interest at the lawful rate; and ?

(h)  Any further relief that this court deems just and proper, and any other relief as ?allowed by law. ?

Dated this 6th day of February 2017.

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty

___________________________________
David A. Lane
?Andy McNulty?
Killmer, Lane & Newman, LLC
1543 Champa Street, Suite 400 Denver, Colorado 80202?
Attorneys for Plaintiff

2. Full text of Feb 6 motion for preliminary injunction:

Case 1:17-cv-00332 Document 2
Filed 02/06/17 USDC Colorado Page 1 of 23

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

MOTION FOR PRELIMINARY INJUNCTION

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, hereby submit the following Motion for Preliminary Injunction, and in support thereof, states as follows:

1. Introduction

Over the last four days, many Americans have expressed public disapproval of President Donald Trump’s January 27, 2017, Executive Order, which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit). Plaintiffs are concerned and alarmed United States citizens who wish to join the growing chorus of voices expressing opposition to the Executive Order. To do so, they wish to stand in silent protest at the Jeppesen Terminal within Denver International Airport.

Plaintiffs did just this on January 29, 2017, standing in silent protest of the Executive Order outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within Jeppesen Terminal. Almost immediately, Plaintiffs were threatened with arrest by Denver Police Department Sergeant Virginia Quinones for standing silently and holding signs opposing the Executive Order, despite that fact that the Jeppesen Terminal has previously been used for expressive activity (and that protesters at more than ten major airports nationwide have protested peacefully without major disruption or legal restriction). While silently displaying their signs, Plaintiffs were in the plaza within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand, in the open plaza outside of the secure CBP screening area at the Jeppesen Terminal. Plaintiffs did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

Even though Plaintiffs were simply engaged in peaceful First Amendment protected expression, they were threatened with arrest. Sergeant Quinones informed Plaintiffs that, in order to stand silently with political signs, they would need a permit. Without a permit, Sergeant Quinones stated, all “First Amendment expression” at the Denver International Airport was banned.

This was not the first time since the enactment of the Executive Order that the Denver Police Department threatened individuals with arrest for engaging in First Amendment protected activity in Jeppesen Terminal. On January 28, 2016, a protest was held in the plaza of Jeppesen Terminal. During the protest, Denver Police Commander Antonio Lopez instructed multiple individuals, including State Representative Joseph Salazar and representatives from the ACLU of Colorado, that all “First Amendment expression” was banned at Denver International Airport without a permit. See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2. The protesters had, in fact, applied for a permit earlier that day. However, it had not been granted because they had not done so seven days in advance of the protest in compliance with Denver International Airport regulations. Although no arrests were ultimately made, protesters were threatened numerous times by Commander Lopez, and other officers, with arrest.

The Denver International Airport regulation that both Sergeant Quinones and Commander Lopez relied upon in instructing Plaintiffs, and others, that Denver International Airport bans all “First Amendment expression” without a permit is DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”). Regulation 50 states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

Plaintiffs wish to return to Denver International Airport to protest the Executive Order, but are reasonably frightened of arrest and, absent action by this Court, must choose between lawfully exercising their First Amendment right and being subject to arrest and/or prosecution.

Plaintiffs ask that this Court enter an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.

2. Factual Background

All statements of fact set forth in the simultaneously filed Complaint are hereby incorporated into this Brief as though set forth fully herein.

3. Argument

3.1 The standard for issuance of a preliminary injunction.

When seeking a preliminary injunction, a plaintiff must establish that (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008); see also ACLU v. Johnson, 194 F.3d 1149, 1155 (10th Cir. 1999).

The Tenth Circuit has modified the preliminary injunction test when the moving party demonstrates that the second, third, and fourth factors “tip strongly” in its favor. See Oklahoma ex rel. Okla. Tax Comm’n v. Int’l Registration Plan, Inc., 455 F.3d 1107, 1113 (10th Cir. 2006); see also 820 F.3d 1113, n.5 (10th Cir. 2016). “In such situations, the moving party may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.” Id. (internal quotation marks omitted). Moreover, this “fair chance of prevailing” test is appropriate in this case because Plaintiffs are challenging a policy, not a statue or ordinance. See Planned Parenthood Minn, N.D., & S.D. v. Rounds, 530 F.3d 724, 732 (9th Cir. 2008) (“[C]ourts should… apply the familiar ‘fair chance of prevailing’ test where a preliminary injunction is sought to enjoin something other than government action based on presumptively reasoned democratic processes.”).

Under either standard, Plaintiffs are able to demonstrate that the issuance of a preliminary injunction is appropriate in this matter.

3.3 Regulation 50 implicates Plaintiffs’ First Amendment rights. 1

When the government regulates the exercise of First Amendment rights, the burden is on the proponent of the restriction to establish its constitutionality. Phelps-Roper v. Koster, 713 F.3d 942, 949 (8th Cir. 2013). Moreover, when assessing the preliminary injunction factors in First Amendment cases, “the likelihood of success will often be the determinative factor.” Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013). This is because “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably, constitutes irreparable injury,” Heideman v. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003), and it is invariably in the public interest to protect an individual’s First Amendment rights. See Homans v. City of Albuquerque, 264 F.3d 1240, 1244 (10th Cir. 2001) (noting that “the public interest is better served” by protecting First Amendment rights).

[NOTE 1. It is important to note that facial challenges to government policies and statutes, when based on First and Fourteenth Amendment grounds, are not disfavored. See United States v. Stevens, 559 U.S. 460, 473 (2010); City of Chicago v. Morales, 527 U.S. 41 (1999).]

3.4 Plaintiffs are likely to succeed on the merits.

Plaintiffs are likely to succeed on the merits because Regulation 50 violates the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.

3.4(a) Plaintiffs engaged, and wish to engage, in speech on a matter of public concern.

Plaintiffs’ speech is at the core of the First Amendment’s protection because it deals with a matter of public concern. “Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community, or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotation marks and citation omitted). “Speech on matters of public concern is at the heart of the First Amendment’s protection.” Id. at 451-52 (alterations and quotation marks omitted). “The First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.’” Id. at 452 (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)). Plaintiffs wish to engage in expression about President Donald Trump’s January 27, 2017, Executive Order, a topic that has generated nearly unprecedented debate and dissent. See Adrienne Mahsa Varkiani, Here’s Your List of All the Protests Happening Against the Muslim Ban, THINK PROGRESS (Jan. 28, 2017), https://thinkprogress.org/muslim-ban-protests-344f6e66022e#.ft1oznfv4 (compiling list of direct actions planned in response to President Trump’s January 27, 2017, Executive Order). Thus, Plaintiffs’ speech “‘occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.’” Snyder, 562 U.S. at 452 (quoting Connick v. Myers, 461 U.S. 138, 145 (1983)).

3.4(b) Regulation 50 acts as a prior restraint.

The restriction at issue in this matter is a prior restraint. “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4–14 (1984)). Regulation 50 is in an administrative order that forbids future communication and bases the ability to communicate in the future on the discretion of an administrative official. See DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” (emphasis added)). It is a prior restraint.

The burden of proving a prior restraint is permissible is particularly steep. The Supreme Court has repeatedly held that “[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). For the reasons outlined infra, Defendants cannot meet this especially significant burden.

3.4(c) Jeppesen Terminal, outside of the passenger security zones, is a traditional public forum.

The Supreme Court has not definitively decided whether airport terminals, including Jeppesen Terminal, are public forums. In Lee v. International Society for Krishna Consciousness, Inc., 505 U.S. 830 (1992) (hereinafter “Lee I”), issued the same day as International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 (1992) (hereinafter “Lee II”), the Supreme Court struck down a total ban on distribution of literature in airports. In Lee I, the Court issued a one sentence per curiam opinion, which affirmed the Second Circuit for the reasons expressed by Justice O’Connor, Justice Kennedy, and Justice Souter in Lee II. See Lee I, 505 U.S. at 831. Justice Kennedy and Justice Souter’s opinions in Lee II found that “airport corridors and shopping areas outside of the passenger security zones… are public forums, and speech in those places is entitled to protection against all government regulation inconsistent with public forum principles.” Lee II, 505 U.S. at 693 (Kennedy, J., concurring in the judgment); but see Lee II, 505 U.S. at 683 (“”[W]e think that neither by tradition nor purpose can the terminals be described as satisfying the standards we have previously set out for identifying a public forum.”).

Therefore, Plaintiffs ask this Court to find the area of Jeppesen Terminal outside of the passenger security zones to be a public forum. The historical use of the Jeppesen Terminal’s plazas and other areas outside of the passenger security zones (including the area outside of the secure CBP screening area) for political speech (particularly, the history of welcoming of American military personnel home from service, discussion between passengers of matters of public concern, and display of clothing advocating for political views and ideals) indicates that it is a public forum. See First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 308 F.3d 1114, 1130 (10th Cir. 2002) (“Where courts have considered the traditional use of publicly accessible property for speech, they have refused to attribute legal significance to an historical absence of speech activities where that non-speech history was created by the very restrictions at issue in the case.”). Further, that the Jeppesen Terminal is free and open to the public (outside of the passenger security zones), illustrates that it is a public forum. See, e.g., Ark. Educ. Television Comm’n v. Forbes, 523 U.S. 666, 676 (1998); Cornelius v. NAACP Legal Def. & Educ. Fund, 473 U.S. 788, 800, 805, 809 (1985). Finally, Jeppesen Terminal retains characteristics similar to parks: it has large plazas lined with benches, it is surrounded by businesses which are open to the public, and it has dedicated walkways, similar to sidewalks, indicating that it is a public forum. See e.g., Frisby v. Schultz, 487 U.S. 474, 480-481 (1988); United States v. Grace, 461 U.S. 171, 177 (1983). Further, the Supreme Court has not strictly limited the public forum category to streets, sidewalks, and parks. See, e.g., Se. Promotions, Ltd. v. Conrad, 420 U.S. 546 (1975) (finding leased municipal theater is a public forum); Heffron v. Int’l Society for Krishna Consciousness, Inc., 452 U.S. 640 (1981) (finding state fair is a public forum); Edwards v. South Carolina, 372 U.S. 229 (1963) (finding grounds of state capitol are a traditional public forum). Even if the City claims that it has never intended for Jeppesen Terminal to be a public forum, this is not dispositive. See Lee, 505 U.S. at 830 (government policy prohibiting distribution of literature at airport on property struck down); Cornelius, 473 U.S. at 805 (government’s decision to limit access is not itself dispositive). Plaintiffs’ ask that this Court find Jeppesen Terminal, outside of the passenger security zones, a traditional public forum.

Since Jeppesen Terminal is a traditional public forum, any restriction on Plaintiffs’ speech must be content-neutral and narrowly tailored to a compelling government interest. Regulation 50 fails at both.

3.4(d) Regulation 50 is content-based.

Regulation 50 is a content-based restriction of expression. Although the Supreme Court has long held that content-based restrictions elicit strict scrutiny, see, e.g., Carey v. Brown, 447 U.S. 455 (1980), lower courts diverged on the meaning of “content-based” until Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). 2 Reed clarified that a restriction is content based simply if it draws distinctions “based on the message a speaker conveys.” 135 S. Ct. at 2227. Reed is clear that even “subtle” distinctions that define regulated expression “by its function or purpose . . . are distinctions based on the message a speaker conveys, and therefore, are subject to strict scrutiny.” Id. This accords with Texas v. Johnson, which held that “the emotive impact of speech on its audience is not a secondary effect unrelated to the content of the expression itself.” 491 U.S. 491 U.S. 297, 412 (1989) (internal quotations omitted).

[NOTE 2. Reed involved a municipal “sign code” that regulated signs differently based on the kind of message they conveyed (such as “ideological,” “political,” or “temporary directional”). 135 S. Ct. at 2224-25. The Court rejected the city’s argument that a law had to discriminate against certain viewpoints in order to be a content-based restriction. Id. at 2229.]

Regulation 50 is content-based on its face. It distinguishes between content and requires that an official determine the content of the speaker’s message when enforcing its proscriptions. Reed, 135 S. Ct. at 2227; see DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute[.]” (emphasis added)). The distinctions drawn by Regulation 50 make it a facially content-based restriction on expression that must elicit “the most exacting scrutiny.” Johnson, 491 U.S. at 412; Reed, 135 S. Ct. at 2227.

3.4(e) Regulation 50 is not narrowly tailored to serve a compelling government interest.

As a facially content-based restriction of expression at traditional public fora, Regulation 50 is presumptively unconstitutional unless Defendant “prove[s] that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.” Reed, 135 St. Ct. at 2231; accord Johnson, 491 U.S. at 412.

“A statute is narrowly tailored if it targets and eliminates no more than the exact source of the ‘evil’ it seeks to remedy.” Frisby v. Schultz, 487 U.S. 474, 485 (1988) (citation omitted). Regulation 50 reaches more speech than that which would impair the security of the airport or ensure that passengers are not unduly encumbered. In fact, it completely bans all “First Amendment expression.” “A complete ban can be narrowly tailored, but only if each activity within the proscription’s scope is an appropriately targeted evil.” Id.. Regulation 50 is not such a ban. For instance, Plaintiffs’ expression does nothing to jeopardize security at Denver International Airport or to inhibit the free flow of passengers through the airport.

Further, any argument that Plaintiffs can engage in expressive activity in another location lacks merit, as the Supreme Court has held that the First Amendment is violated when one specific location or audience, when important to the speaker, is foreclosed. See McCullen v. Coakley, 134 S. Ct. 2518, 2536 (2014); Schenck v. Pro-Choice Network, 519 U.S. 357, 377 (1997) (invalidating a “floating” buffer zone around people entering an abortion clinic partly on the ground that it prevented protestors “from communicating a message from a normal conversational distance or handing leaflets to people entering or leaving the clinics who are walking on the public sidewalks”); Schneider v. New Jersey, 308 U.S. 147, 163 (1939) (invalidating anti-handbilling ordinances even though “their operation is limited to streets and alleys and leaves persons free to distribute printed matter in other public places”). Regulation 50 lacks the narrow tailoring necessary to survive First Amendment strict scrutiny analysis.

3.4(f) Regulation 50 violates the First Amendment even if this Court determines Jeppesen Terminal is a nonpublic forum.

Regulation 50 bans all “First Amendment expression” absent a permit; it is unconstitutional even when analyzed under the lower standard of scrutiny applied by courts to First Amendment political speech in a nonpublic forum. In Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987), the Supreme Court considered whether a resolution restricting free speech in the airport was constitutional. The resolution at issue stated that the airport “is not open for First Amendment activities by any individual and/or entity.” Id. at 574. Although the Court did not explicitly find that the airport was a nonpublic forum, it did hold that the resolution restricting speech in the airport was facially unreasonable, even if the airport was a nonpublic forum. Id. at 573. The Court noted that enforcing the resolution would prohibit “talking and reading, or the wearing of campaign buttons or symbolic clothing.” Id. at 574. The Court also noted, “[m]uch nondisruptive speech–such as the wearing of a T-shirt or button that contains a political message–may not be ‘airport related’ but is still protected speech even in a nonpublic forum.” Id. at 575 (citing Cohen v. California, 403 U.S. 15 (1971) (holding that wearing of jacket with offensive language in a courthouse was a form of nondisruptive expression that was protected by the First Amendment)). Thus, although specific conduct was not at issue in the Jews for Jesus decision, the Court nonetheless implicitly held that non-disruptive speech is protected by the First Amendment in nonpublic fora and that restrictions that encumber non-disruptive expression are unreasonable.

In Lee II, Justice O’Connor set forth the test for determining reasonableness in the context of nonpublic fora. 505 U.S. at 687 (O’Connor, J., concurring). 3 She stated, ”[t]he reasonableness of the Government’s restriction [on speech in a nonpublic forum] must be assessed in light of the purpose of the forum and all the surrounding circumstances.” Id. (O’Connor, J., concurring) (quoting Cornelius, 473 U.S. at 809). However, Justice O’Connor noted that while “[o]rdinarily . . . we have . . . been confronted with cases where the fora at issue were discrete, single-purpose facilities,” airports present a different analysis because they are multipurpose facilities. Id. at 688 (O’Connor, J., concurring) (citations omitted). She determined airports to be multipurpose facilities because

the Port Authority [has] chosen not to limit access to the airports under its control, [and] has created a huge complex open to travelers and nontravelers alike. The airports house restaurants, cafeterias, snack bars, coffee shops, cocktail lounges, post offices, banks, telegraph offices, clothing shops, drug stores, food stores, nurseries, barber shops, currency exchanges, art exhibits, commercial advertising displays, bookstores, newsstands, dental offices and private clubs.

Id. This led to the finding that “[t]he reasonableness inquiry, therefore, is not whether the restrictions on speech are consistent with preserving the property for air travel, but whether they are reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id. at 689. A complete ban on First Amendment activity at the Jeppesen Terminal, absent a permit that must be obtained by providing seven days advance notice, is not a reasonable restriction. Regulation 50 does not comport with Justice O’Connor’s conclusion that airports are more than simply places where air travel occurs.

[NOTE 3. It is important to note that Lee involved a plurality opinion, joined by Justice O’Connor. Therefore, Justice O’Connor’s concurrence is the “narrowest grounds” that justify the Court’s result and her concurrence holds substantial precedential weight.]

Moreover, Justice O’Connor distinguished between solicitations (which the Supreme Court found could be reasonably restricted) and distributing leaflets (which the Supreme Court found could not be reasonably restricted) in the airport:

[L]eafleting does not entail the same kinds of problems presented by face-to-face solicitation. Specifically, “one need not ponder the contents of a leaflet or pamphlet in order mechanically to take it out of someone’s hand . . . . The distribution of literature does not require that the recipient stop in order to receive the message the speaker wishes to convey; instead the recipient is free to read the message at a later time.”

Id. at 690 (quoting United States v. Kokinda, 497 U.S. 720, 734 (1990)).

Thus, the Court held in Lee II that prohibiting solicitation in a nonpublic forum is not unreasonable, but that prohibiting the distribution of leaflets and other literature at a nonpublic forum is unreasonable. See also Lee, 505 U.S. at 830 (decided the same day as Lee II and striking down a prohibition on the distribution of leaflets and other literature at La Guardia, John F. Kennedy, and Newark International airports) (per curiam). Circuit courts have also recognized the inherent right to distribute paper and other information in nonpublic fora. Following Lee I and Lee II, two circuit courts have held that airports, as nonpublic fora, could not preclude newspaper publishers from placing newsracks in airport terminals. See Jacobsen v. City of Rapid City, South Dakota, 128 F.3d 660 (8th Cir. 1997); Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport Dist., 991 F.2d 154 (4th Cir. 1993). To the extent that the airports were concerned about safety or the impediment of traffic flow, the courts held that the airport may impose reasonable restrictions, but they could not enforce an outright ban on the newspaper racks. See Jacobsen, 128 F.3d at 660; Multimedia Publishing Co. of South Carolina, Inc., 991 F.2d at 154.

Denver, through Regulation 50, has banned all “First Amendment expression” including leafleting and protests. In fact, Plaintiffs expression is arguably less intrusive and disruptive to air travel than the form of expression, namely leafletting, that the Court held could not be reasonably restricted in the areas of an airport that precede the security screening area. It is clear from Lee I, Lee II, and Jews for Jesus that Denver cannot ban all “First Amendment expression” at the Jeppesen Terminal.

3.4(f)(1) Independently, the viewpoint-based prohibition of Plaintiffs’ speech, based on Regulation 50, violates the First Amendment.

Even if Jeppesen Terminal is a nonpublic forum, “this does not mean the government has unbridled control over speech, . . . for it is axiomatic that ‘the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.” Summum v. Callaghan, 130 F.3d 906, 916 (10th Cir. 1997) (quoting Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 394, (1993)). “Restrictions on speech in nonpublic fora must be viewpoint neutral[.]” Warren v. Fairfax Cty., 196 F.3d 186, 193 (4th Cir. 1999) (citing Cornelius, 473 at 809). Defendants’ restriction of Plaintiffs’ speech, under the guise of Regulation 50, discriminates on the basis of viewpoint. Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest. Regulation 50 is being enforced as a clearly view-point based restriction. Defendants’ application of Regulation 50 to Plaintiffs speech is view-point based and violates the First Amendment.

3.4(g) The seven day advance notice requirement for obtaining a permit is not a reasonable restriction.

Notice periods restrict spontaneous free expression and assembly rights safeguarded in the First Amendment. Plaintiffs, like many others throughout history, wish to engage in First Amendment expression in quick response to topical events. While even in such time-sensitive situations, a municipality may require some short period of advance notice so as to allow it time to take measures to provide for necessary traffic control and other aspects of public safety, the period can be no longer than necessary to meet the City’s urgent and essential needs of this type. See American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”).

Advance notice requirements that have been upheld by courts have most generally been less than a week. See, e.g., A Quaker Action Group v. Morton, 516 F.2d 717, 735 (D.C. Cir. 1975) (two-day advance notice requirement is reasonable for use of National Park areas in District of Columbia for public gatherings); Powe v. Miles, 407 F.2d 73, 84 (2d Cir. 1968) (two-day advance notice requirement for parade is reasonable); Progressive Labor Party v. Lloyd, 487 F. Supp. 1054, 1059 (D. Mass. 1980) (three-day advance filing requirement for parade permit approved in context of broader challenge); Jackson v. Dobbs, 329 F. Supp. 287, 292 (N.D. Ga. 1970) (marchers must obtain permit by 4 p.m. on day before the march), aff’d, 442 F.2d 928 (5th Cir. 1971). Lengthy advance filing requirements for parade permits, such as the seven day advance notice requirement imposed by Regulation 50, have been struck down as violating the First Amendment. See American-Arab Anti-Discrimination Comm., 418 F.3d at 605-07 (holding that provision requiring thirty days’ notice is overbroad and is not saved by an unwritten policy of waiving the provision); NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1357 (9th Cir. 1984) (“[A]ll available precedent suggests that a 20-day advance notice requirement is overbroad.”). Even an advance filing requirement of five days has been held too long to comport with the First Amendment. See Douglas v. Brownell, 88 F.3d 1511, 1523-24 (8th Cir. 1996) (city’s asserted goals of protecting pedestrian and vehicular traffic and minimizing inconvenience to the public does not justify five-day advance filing requirement for any parade, defined as ten or more persons).

It is clear that, in the case at bar, a permit requirement of seven days advance notice is not a reasonable restriction of Plaintiffs’ First Amendment rights. Plaintiffs wish to engage in timely, direct action against, what they perceive as, a tyrannical and unconstitutional exercise of the executive power. If Plaintiffs were to have applied for a permit at the exact moment President Trump signed the Executive Order, they would still have been prevented from engaging in First Amendment activity on January 29, 2017. In direct action, like in most things, timing is everything. As evidenced by myriad protests that occurred across the nation’s airports, which were accompanied by no violence or destruction of property and did not otherwise jeopardize security, accommodation of protest at the Jeppesen Terminal is reasonable. Such a lengthy approval period, with no exceptions for spontaneous, peaceful protests, violates the First Amendment. See Church of the American Knights of the Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (noting that “the length of the required period of advance notice is critical to its reasonableness; and given … that political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech” (emphasis added)).

3.4(h) Regulation 50 is overbroad in violation of the First Amendment.

“[A] law may be invalidated as overbroad if ‘a substantial number of its applications are unconstitutional, judged in relation to the [ordinance]’s plainly legitimate sweep.’” United States v. Stevens, 559 U.S. 460, 473 (2010) (quoting Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449 n.6 (2008)). An overbroad statute may be challenged on its face even though a more narrowly drawn statute would be valid as applied to the party in the case before it. City Council of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 798 (1984) (“[B]roadly written statutes may have such a deterrent effect on free expression that they should be subject to challenge even by a party whose own conduct may be unprotected.”). The Supreme Court “has repeatedly held that a government purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.” NAACP v. Alabama ex rel. Flowers, 377 U.S. 288, 307 (1964); see also Grayned v. City of Rockford, 408 U.S. 109, 114-15 (1972) (“The crucial question, then, is whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments.”). Courts have “provided this expansive remedy out of concern that the threat of enforcement of an overbroad law may deter or ‘chill’ constitutionally protected speech—especially when the overbroad statute imposes criminal sanctions.” Virginia v. Hicks, 539 U.S. 113, 119 (2003).

Determining whether a law is substantially overbroad requires a two-step analysis. First, a court must “construe the challenged [law]; it is impossible to determine whether a [law] reaches too far without first knowing what the [law] covers.” United States v. Williams, 553 U.S. 285, 293 (2008). Second, based on the first step, a court must determine whether the law “criminalizes a substantial amount of protected expressive activity.” Id. at 297.

Regulation 50 provides that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” Those tasked with enforcing Regulation 50, have stated that it bans all “First Amendment expression.” See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2.

A complete prohibition on First Amendment expression and related activity proscripts a substantial amount of protected expressive activity. See Jews for Jesus, 482 U.S. at 569; Lee, 505 U.S. at 830. It prohibits face-to-face conversations and wearing clothing intended to convey a message, along with leafleting and other traditional First Amendment activity, all of which protected expression. Regulation 50’s overbreadth is stark and violates the guarantees of the First Amendment.

3.4(i) Regulation 50 is unconstitutionally vague.

“A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required.” F.C.C. v. Fox Television Stations, Inc., 132 S. Ct. 2307, 2317 (2012). “A law’s failure to provide fair notice of what constitutes a violation is a special concern where laws ‘abut[ ] upon sensitive areas of basic First Amendment freedoms’ because it ‘inhibit[s] the exercise’ of freedom of expression and ‘inevitably lead[s] citizens to steer far wider of the unlawful zone … than if the boundaries of the forbidden areas were clearly marked.’” Stahl v. City of St. Louis, 687 F.3d 1038, 1041 (8th Cir. 2012) (quoting Grayned, 408 U.S. at 109). For this reason, a stringent vagueness test applies to a law that interferes with the right of free speech. Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499 (1982). “Where a statute’s literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.” Smith v. Goguen, 415 U.S. 566, 573 (1974).

Regulation 50 is vague, and therefore unconstitutional, for two separate reasons. First, Regulation 50 fails “to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 (1999). A law is unconstitutionally vague where it “does not provide people with fair notice of when their actions are likely to become unlawful.” Stahl, 687 F.3d at 1041. Because violators of Regulation 50 are subject to criminal sanction, the strictest vagueness test applies. See Reno v. ACLU, 521 U.S. 844, 872 (1997) (recognizing criminal sanctions might “cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images” which, together with the “‘risk of discriminatory enforcement’ of vague regulations, poses greater First Amendment concerns than those implicated by [a] civil regulation[.]”). Whether expressive activity will be deemed “First Amendment expression” in the Jeppesen Terminal is not predictable. Plaintiffs have reasonably refrained from protected speech for fear that someone might consider their expression to be in violation of the regulation. However, officials have failed to enforce the regulation against many others who are seemingly in violation, including those discussing politics with other passengers, wearing clothing meant to make some social or political statement, limo drivers soliciting passengers, and those welcoming home military veterans. Although there might be times when a speaker knows, or should know, that certain speech will violate the statute, in many situations such an effect is difficult or impossible to predict. See Stahl, 687 F.3d at 1041 (finding vagueness because even “[t]hough there are certainly times when a speaker knows or should know that certain speech or activities likely will cause a traffic problem, in many situations such an effect is difficult or impossible to predict.”). Regulation 50 fails to give fair notice and therefore violates the mandates of the Fourteenth Amendment.

Regulation 50 is also unconstitutionally broad because it “authorize[s] and even encourage[s] arbitrary and discriminatory enforcement.” Morales, 527 U.S. at 56. Regulation 50’s terms allow law enforcement officials wide discretion to decide whether any given speech is prohibited and arrest the speaker. “Such a statute does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat.” Cox v. Louisiana, 379 U.S. 536, 579 (1965); see Norton v. Discipline Comm. of E. Tenn. State Univ., 399 U.S. 906, 909 (1970) (“Officials of public universities . . . are no more free than policemen or prosecutors to punish speech because it is rude or disrespectful, or because it causes in them vague apprehensions, or because for any other reason they do not like its content.”).

Officers have been observed enforcing Regulation 50 against those protesting President Trump’s Executive Order, but not against those wearing other political shirts or buttons. Officers have not enforced the regulation against other political expression, including those standing in support of military veterans returning home from combat. Seemingly, the only ones who have been subject to this regulation are those who are specifically speaking against President Trump’s Executive Order. “The most meaningful aspect of the vagueness doctrine is . . . the requirement that a legislature establish minimal guidelines to govern law enforcement.” Smith, 415 U.S. at 574. Because the terms allow a police officer leeway to determine that expressive conduct is lawful, or not, they are vague. Regulation 50 permits “a standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.” Kolender v. Lawson, 461 U.S. 352, 358 (1983) (internal citations omitted). It is unconstitutional.

3.5 Absent an injunction, Plaintiffs will suffer irreparable harm.

“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see also Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016); Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) (“[W]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.”); Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016).

Moreover, Plaintiffs’ expression is a time-sensitive response to a nearly unprecedented action by our federal government. But see C. Norwood, A Twitter Tribute to Holocaust Victims, THE ATLANTIC (January 27, 2017), https://www.theatlantic.com/politics/archive/2017/01/jewish-refugees-in-the-us/514742/ (describing the rebuff of refugees fleeing Nazi Germany in 1939, many of whom would be murdered during the Holocaust); Korematsu v. United States, 323 U.S. 214 (1944). Delaying Plaintiffs’ protest, and discouraging Plaintiffs and others from demonstrating, detracts from its importance and provides a false appearance that Denver is not like other cities of all sizes across the country that have mustered sizeable protests at their airports. Denver has held itself out as a “sanctuary city.” Jon Murray, Mayor Hancock says he welcomes “sanctuary city” title if it means Denver supports immigrants and refugees, The DENVER POST (January 30, 2017), http://www.denverpost.com/2017/01/30/mayor-hancock-welcomes-sanctuary-city-title-denver-supports-immigrants-refugees/. For Colorado’s citizens to seemingly show lackluster support in this time of trial would not only irreparable harm Plaintiffs, and others, but it would go against the public interest.

3.6 The balance of the equities weighs in favor of granting a preliminary injunction.

“The balance of equities… generally favors the constitutionally-protected freedom of expression.” Phelps-Roper v. Nixon, 545 F.3d 685, 690 (8th Cir. 2008) overruled on other grounds by Phelps-Roper v. City of Manchester, Mo., 697 F.3d 678 (8th Cir. 2012). Courts have consistently held that when First Amendment freedoms are threatened, the balance of the equities weighs in the Plaintiffs’ favor. See Verlo, 820 F.3d at 1127; Awad, 670 F.3d at 1132. There is no harm to Defendant, who has no significant interest in the enforcement of Regulation 50 since it is likely unconstitutional.

3.7 A preliminary injunction is in the public interest.

“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” Awad, 670 F.3d at 1133 (internal quotation marks omitted); accord Verlo, 820 F.3d at 1127; Pac. Frontier v. Pleasant Grove City, 414 F.3d 1221, 1237 (10th Cir. 2005) (“Vindicating First Amendment freedoms is clearly in the public interest.”); Cate v. Oldham, 707 F.2d 1176, 1190 (10th Cir. 1983) (noting “[t]he strong public interest in protecting First Amendment values”).

4. Conclusion

For the reasons stated, Plaintiffs respectfully request that this Court grant their Motion for a Preliminary Injunction, enjoin enforcement of Regulation 50, and prohibit Defendants from arresting Plaintiffs and all others similarly situated when they engage in First Amendment protected activity within Jeppesen Terminal.

Dated this 6th day of February, 2017

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty
__________________________

David Lane
Andy McNulty
1543 Champa Street, Suite 400 Denver, CO 80202
Counsel for Plaintiffs

Was Stanford rapist’s punishment lax or are standard sentences too punitive?

I’m not sure the length of prison sentences is a measure of society’s repudiation of rape culture. If severity of punishment was a gage of our social objectives, property crimes would carry the greatest stigma. I have no sypathy, not even empathy, for rapists, nor frat boys, nor white macho crap. I think convicted rapist Brock Turner is a glaring example of white male privilege. He may also be the embodiment of its most casual excesses, and his six month sentence is an embarassment to a justice system that throws away the key for less white perpetrators. However I do loath how easily the public is made to cheer for greater punishment in lieu of a more humane perspective. Apprehending a live criminal, as opposed to killing him like so many others, should not prompt calls for equal mistreatment. Rapists should be chemically castrated, fine. There’s no evidence that longer prison terms helps reduce sexual assaults, so why automatically call for more harsh punishment?

Once more the Hippie Bard takes keyboard in hand..

Some might be asking themselves (as I often do) “Self, just what in Hell is Brother Jonah thinking, ragging on obscure moments in American and British history and raggin’ on the Queen?” Hmmm…

Perhaps it has much ado about something. Like the partitioning of Arabia which has taken an uncounted (by me) number of wars to keep in about the same political and religious boundaries.

Here I should interject the very much related wars on the ol’ Pipeline Grid such as VietNam, Thailand, (they host U.S. Air Farce Bases) (so do about two thirds of the countries around) India in all its manifestations, Ceylon which is now Sri Lanka as per the wishes of the people there, same with Mumbai, Bangladesh, Afghanistan, the new yet strangely ancient British and American policies to keep China as a client state rather than a superpower (way too late, fellas, way too late) by encircling them militarily and economically… but let’s start with the partitioning of Arabia. The Saudi, Jordanian, Yemeni, defunct Syrian and Iraqi, Kuwaiti etc Royal Houses have been placed on their thrones not by genuine common consent of the people the Kings and Emirs but by the Armed Forces and on behalf by the British and American 1% oil (and every other marketable commodity) cartels.

By the way Iran is not an Arabic nation. They’re Persian and the muddled inclusion in the Arabian bloc by people who say stupid shit like “well, they’re all alike” just pisses off some people.

While the Queen doesn’t have full political power in England or her royal former colonial empire, she IS a major shareholder in British Petroleum. The ones who screwed up the Gulf of Mexico and told the American/Mexican/Cuban and all other nations to mind our own business, they would take care of everything and we should just run along and play somewhere.

Economic concerns fuel military affairs. In the case oil, fueling is the correct word.

AND.. the 3 leading Protestant churches in America, Methodist, Baptist and AOG, are offspring of the Episcopal Church. And there’s movements in these churches to re-start the Crusades. Taking ISIS and al Qaeda as the excuse.

I have witnessed the Colorado prison and jail system allowing and encouraging volunteer Religious Leaders who spread the Gospel of Hate and exclude as many dissenters to that perverted gospel as possible. I’ll assume here that it’s a nationwide deal. Radicalizing American prisoners, many of whom are actually habitual violent criminals, to continue a war inflamed by the actions in behalf of the 1%.

And insisting all along that every “Ay-rab” meaning every Muslim in the entire world (it hurts my brain to translate Standard English into Standard Redneck) is born with a bomb in his or her hand.

maybe not that extreme, but hyperbole spawns hyperbole.  It doesn’t matter who gets in the way of the bullets or shrapnel, not to the bigpigs at least.

You might remember this…

“Charlie asd Camilla almost got their asses dragged out of their limo and street just would have prevailed, blue blood would have flowed in the gutters of London etc… (sic) the London Anarchists found a neat way to defeat kettling”

Maybe the rich bitch establishment ought to really worry about reprisals.Their gated communities can be kettled and turned into ghettoes in the most real definition of the term.

By volunteers who probably wouldn’t ask a dime in pay, merely a just society for their children.

One in which their kids or siblings or parents won’t be shot down in the street by the cops. Or shot in their own homes. I hadn’t been up here a red hot two months when the Denver cops shot a man to death in his bed, said they saw him “reaching for something” and the evidence at their automatic acquittal hearing was their word against that of a dead man. Then they charged the victim’s nephew for the killing because he wasn’t home when they went in to serve a warrant on him but shot his uncle instead. True Story, from the summer of ’04.

They obviously want war, or think they do. Or at least their masters believe they’ll come out on top.

But their social doctrine is entwined and mirrored in Capitalism. Which is a pyramid scheme, can’t last forever and when it falls, and their social doctrine goes down with the supply of non-existent money, based on resources they don’t actually have… too bad, right? Only we’ll have the privilege of joining them in their misery.

Occupy Denver: not as badass as they pretend to be

DPD interrupt Occupy Denver protest at the Tattered Cover Bookstore
DENVER, COLORADO- Occupy activists were making their usual cacophony on Friday night when Denver police cruisers began converging into a familiar disproportionate show of force. Experienced skirmishers though Occupiers are, we couldn’t help whispering to each other as we watched more DPD officers accumulate on foot from vehicles yet unseen. The unintended effect of course was that our chanting diminished as the tension rose and Denver onlookers were treated to a literal illustration of the chilling effect of police intimidation. To make matters more embarassing, Occupy was shouting that we would not be silenced! By the time police were trooping upon us there was no sound but DPD boot steps and our “cameras on, everybody, cameras on.”

Our Friday night boycott of the Tattered Cover Bookstore is part of an OD operation to pressure downtown businesses to withdraw their support for the city’s urban camping ban, an ordinance which in effect criminalizes the homeless. The Tattered Cover claims to have asserted neutrality on the city’s decision to forbid sleeping and sheltering in public, but OD stands with Howard Zinn when he claimed “you can’t be neutral on a moving train.” Silence is consent. Injustice prevails when good people say nothing, yada yada. So it’s the Tattered Cover’s turn to step up to what is everyone’s responsibility. OD invited the Tattered Cover to sign a letter rescinding their support for the inhumane ordinance, but the Tattered Cover’s owner held to her obstinence. She was confident that her customers would have sympathy for her business’s precarious balancing act with the community’s unchristian conservatives. If the Tattered Cover wants to put business over doing the right thing, OD concluded that a boycott could provide the commensurate incentive.

A boycott strategy has worked twice before on this campaign. Actually, boycotts and pickets seldom fail. The global have-nots owe everything to street protest. Grown prosperous, middle America has been shorn of this wisdom. Most Americans do not know what protest is about, thus Friday nights in downtown Denver are also a teaching moment for Occupy. Pardon the inconvenience people of Denver, you’re welcome.

To be fair, for the uninitiated, protests are a messy, noisy thing.

As this Friday evening progressed, occupiers suspected the police were going to make an issue of the serenading, it was self-evidently less melodious than the previous weeks. Earlier we noticed officers dispatched in pairs into multiple directions seeking interviewees from among our audience. But we did not expect a DPD delegation to descend upon us at troop strengh. We began shouting down the DPD as their commander shouted “Can everybody hear me?” What authority had officers to interrupt our constitutional right to assemble? It is amply documented that when activists attempt to interrupt the meetings of others, with Occupy’s “mic check” for example, we are escorted from the room with rough haste.

In Occupy’s defense Friday night, we didn’t submit ourselves to being lectured about “what you are free to do etc, etc.” We knew our rights. We also suspected a noise complaint before the hour of 10pm was of dubious legitimacy. We did however accept an abridgement of our free speech, for the sake of, let’s call it, detente. Because it was dark and we were outnumbered.

A few Occupiers were not happy about being made to relinquish megaphones and drums on the trumped-up premise of signed noise complaints. The officers had obviously solicited the complaints; they had not been dispatched in response to any. Some Occupy wild cannons threatened to upset our disarmament truce. Our hushed reproaches become the next inadvertent impediment to regaining a chant momentum.

In debriefing it was agreed that the more impertinent among us are precious resources Occupy should not make a habit of quashing. When demonstrator numbers are enough to effect unarrests, we’ll have occasion to reject civil liberty infringing ultimatums and encourage the pushing of limits beyond the habitual collective consensus comfort level. This security culture indiscretion about protest strategy is tendered here as an encoded call to action.

BUT SERIOUSLY, what do you make of the Denver Police Department’s exagerated show of numbers at the Friday night action? It was the usual DPD MO in the heydays of Occupy, and it’s what they are throwing now at the Anonymous “Every 5th” resurgence, but what about OD’s campaign -to repeal the Urban Camping Ban- could have provoked a law enforcement surge aimed at its decisive truncation?

WHO KNEW a picket of such limited scope could draw such ire. We aren’t threatening Capitalism or banks or energy infrastructure, or DPD’s favorite, FTP.

However hypocritical and exceptionalist the Tattered Cover is behaving, I don’t believe they requested DPD’s move. But I don’t doubt the Downtown Business Partnership is fearful that the famed independent bookstore might cave to protester demands at which point the DBP’s mandate will lose its liberal cover. They know the inevitability of boycott victories, they’re business people.

The Tattered Cover doubles down on its privilege to ignore Denver homeless

Tattered CoverDENVER, COLORADO- Representatives of Occupy Denver met with both owner and manager of The Tattered Cover Bookstore last week hoping to avert taking public action against the popularly lionized bookseller for its passive support of the city’s Urban Camping Ban. There was hope that owner Joyce Meskis could reconsider her “neutrality” on the policy of oppression which has proved disastrous for Denver’s beleaguered street dwellers, at the very least, rescind her membership in the Downtown Business Partnership, the lobbying entity which conjured the ordinance.

INSTEAD Meskis told the Occupiers to redirect their efforts toward citizens instead of pressuring businesses to take sides. Meskis admitted she had not followed the city council hearings and so did not know that individuals have had no more clout there than have the homeless. The camping ban was proposed by a cabal of businesses, OD explained. Its repeal will no doubt require an outcry from the same. Meskis remained adamant that her business take no side. OD suggested that a bookstore of all places might want to hold itself to the higher ideals it propagates. What good is literacy if it does not elevate? Meskis held firm: the Tattered Cover must entertain both sides and allow customers to arrive at their own conclusions.

Imagine a dealer of books so pedantic. Really, are there two sides to human rights? Archbishop Desmond Tutu once wrote that neutrality helps the oppressor, never the oppressed. They haven’t read him, or maybe they disagree? More obnoxious than ignorance is arrogant ignorance. Even the illiterate do not argue against Edmond Burke’s “when good men do nothing.” What’s the point of enriching yourself with a business if it’s not to have more impact on your community?

Looking at the callous indifference of business leaders, who reserve their personal sympathies in the interest of dispassionate objectivity, you might as well be staring at an American general, a politician, or other such sociopath, the embodiment of Capitalism, void of humanity.

Fortunately people governed strictly by the bottom line are much easier to reorient than others whose values are ideological or moral. Attenuating their flow of customers brings businesses to heel. Money talks, and yes, it’s too bad the Tattered Cover has turned out to be the unlikely posterchild.

BUMMER? HARDLY. What we have is a opportunity to blow open the conservative liberal pretense that privileged first worlders need not soil themselves with taking sides. Wars happen, torture happens, neglect of the poor happens when community members, particularly the power centers of business, say nothing to oppose them. The Tattered Cover maintains its ambivalence is a principled stand. I think its acquiescence on the urban camping ban allowed the more preditory downtown businesses to rationalize their inhumanity, thinking “see, it’s not just us assholes.”

OD’s reluctant boycott continues undaunted this Friday at 5:30pm at the Tattered Cover’s LoDo store.

Tattered Cover boycott

NOW: Support the Tar Sands Blockade, includes DIY direct action supply list!


BREAKING: Does effective direct action get more exciting than this?

You can support the ongoing action: here’s their wish list. At the same time, an excellent inventory of what YOU’LL NEED to scramble a tree-sit if the XL Pipeline is coming your way.

To read this list is like being there, and I think, it brings you one step closer.

CLIMB GEAR
• 91/2-12 mm static kern-mantle/ arborist climb lines
• 5/8ths CWC truck rope or Tytan
• arborist throw lines and throw bags.
• 6mm accessory cord (climb rated)
• 1” tubular webbing
• rock/tree climbing harnesses all sizes mostly medium
• locking climb rated steel and aluminum carabiners
• climb rated pulleys (preferably tandem speed)
• Petzl steel quick links
TECH
• gmrs radios with silent and ear bud options
• Energizer XP18000s
• batteries (AA/AAA/Go Pro Batteries)
• GoProHero2?s & extra batteries
• Netbooks
• small portable solar panels with battery
• Pelican cases (large and small)
• deer/trail cameras
• satellite phones
• MacBook Pro’s
• MiniDV tapes
• 16GB SDcards (Class 10 preferred)
• 8GB+ flash drives
• Canon VIXIA HF R300?s (and extra batteries & charger deck)
• verizon wifi hotspots
• ATN PVS7-3A 3rd Gen or similar Night Vision Binocular Goggles
• Field watches
• car inverters
• 1TB USB External Hard Drives (mac&pc compatible)
MEDICAL
• splints
• coband
• braces (limb)
• disinfectant/antibacterial swabs
• compact girny
• saline
• epsom salt
• joint braces
• gauze rolls
• ace bandage
• Benedryl (anti-allergy)
• nitrile gloves
• trauma shears
APPAREL
• rain gear
• warm clothes (wool or synthetic earth tones) and socks!
• tarps/tents
• wool blanketss
• sleeping bags
• camping hammocks
• headlamps with blue or green (preferred) or red LED option
• work gloves
• towels
TOOLS & MATERIALS
• angle grinder
• chopsaws
• battery powered drills and impact drivers (makita, delta, bosch)
• welder (arc)
• handsaws
• shovels
• pickaxes
• rope: seriously, anything
• 550 parachute cord
• chain
• knives
• multitools (Leatherman or Gerber)
• plywood (3/8”-3/4” – 4?x8? sheets)
• 2×4?s
• decking screws
• 3/8-1/2” bolts and nuts
FOOD
• coffee (good and strong)
• bulk grains
• produce
• spices
• condiments
• non-perishables
• EmergenC
• tea
• MRE’s
ART
• muslin/canvas
• paint (buckets and spray)
• general art supplies
• projector (mac/pc compatible)
• gromet kit
• paint brushes
• paint sticks /mops
• supplies for building 15 ft + puppets
OTHER
• cans of rolling tobacco
• vehicles (junk or drivable)
• All Terrain Vehicles ATV’s
• thermoses
• dirt bikes
• toilet paper
• soap
• water filters
• backpacks
• all-natural cleaning supplies
• camelbaks
• generator 600watt plus
• all-natural mosquito repellant
• condoms
• tampons
• verizon prepaid phone cards

Ft Carson conducts pro forma town hall to clear way for environmental impact of proposed helicopter brigade

Ft Carson conducts pro forma town hall to clear way for environmental impact of proposed helicopter brigade

Occupy Colorado Springs protest at Crowne Plaza Hotel, Jan 26, 2012
OCCUPIED COLORADO SPRINGS- Ft Carson’s environmental PR team held what’s called a “draft Environmental Assessment,” prerequisite to their addition of a Combat Aviation Brigade to America’s “Best Hometown in the Army”. Except for a car-dealer and realtor giving their attaboys, the citizens comment section weighed solidly AGAINST expansion of war-making and war-training. In true pro forma, Garrison Commander McLaughlin shrugged off the opposition, stating that public input would be answered while the army proceeded as planned. And that’s where Occupy will have something to say.

The fundamental message from OCCUPY WALL STREET, and from the global movement at large, is that it’s the people who are in charge. Whatever corrupted system may have wielded the power to bring the world to the brink of chaos, the authority must be returned to the people. OCCUPY makes clear the people do not have to sit idly by while their rulers make decisions against their interests. OCCUPY reminds us the people will have a say in their own destiny.

An army hearing, about what it plans to do, in defiance of public outcry, is nothing that self-respecting citizens have to take sitting down. They didn’t, citizens came from as far as the Southeastern plains to present their testimonials, but after the citizen comment period ended, the holders of the meeting made certain to conclude that the Ft Carson expansion was advancing regardless. This inhospitalty even after almost uninterrupted patriotic fawning over Ft Carson’s soldiers and the role they play defending our liberty.

While everyone falls all over themselves to THANK A SOLDIER, let’s not confuse respect for deference. America is not ruled by a military junta. The Department of Defense is not our governing body. For all his authority and swagger, this camp commander does not overrule us citizens. WE are the boss of the army. We are his CHAIN OF COMMAND. When the people of Colorado Springs, the people of Colorado, or the people of the United States express our will, it’s the army’s role to say “SIR, YES SIR.”

I’m deeply troubled by an officer of the military who pretends that his fellow citizens are but a temporary impediment to his military plans. When a room full of citizens tells this commander that they don’t want helicopters over their airspace, I expect him to take heed. To do otherwise is purely insubordination of his superiors. All this patriotic militarism may be going to his head. This is a soldier after all, sworn to protect our constitution and America, meaning its people. DO YOU HEAR ME SOLDIER?

If you think I sound disrespectful, let me inform you that I’m a veteran too, of ANTIWAR actions. One of which involved a soldier of higher rank than this one, running up to me as I silently held a sign, and attacking me with his fists, knocking me over. CSPD policemen had to pull him off. I did not press charges, but I could have. That was not only assault. An officer of his stature knows it was worse than that: it was an attack on his chain-of-command. What incalculable gall, to presume to treat me as a subordinate upon whom he could visit his accustomed violence. On a citizen!

And that’s what’s got me worried, about where all this soldier-worship leads. Only a couple weeks ago, at a weekly sidewalk peace bannering, a fellow activist was approached by a soldier and sucker-punched in the face, right out of the blue, while his wife cheered from their car. Are you kidding me? This deference to soldiers has got to stop.

These are soldiers, and we’re right to thank them. Theirs is a thankless task. Well not thankless, they ask, and are given unending thanks. But theirs is a task no one wants, to have to dehumanize yourself, be made to kill, maim, torture, rape, often it turns out, exactly under orders. We’ve learned that soldiers are sometimes commanded to kill everyone in a 360 degree radius. “Free Fire Zones” mean to kill every living thing in sight. We learn too that pissing on your dead victims is taught as a coping mechanism, to dehumanize your adversary so as to suffer less PTSD and less guilt. And we’ve learned that the military has no followup plan to reintegrate their soldier-monsters to a life post-service. Homeless vets from Vietnam onward are a testimony to the incompatibility of war service in horror zones to a return to normal civilian life. When the army creates killer-thugs, it means to dispose of them in further war zones, it means for them to re-up, or die prematurely from DU exposure. Yes, soldiers are to be thanked, but kept at arm’s length, like Fukushima heroes, radioactive. By design, their duty rendered them untouchable, to them eternal thanks and goodbye, unless you are prepared to weather the propensity to antisocial violence and domestic abuse the veterans of fragile countenance bring back with them. Certainly we cannot elevate the more hardened professional killers, who know only means foul and heartless, to positions of authority above citizens.

It irks me to no end to be goaded by this camp commander, who after hearing the public speak, admonished us in the end that our protestations will amount to nothing. How dare he, this insubordinate would-be coup leader?

Shall OCCUPY remind you, America is ruled by its people. This is a Democracy. WE THE PEOPLE are in charge!

Yes it may look right now like the suits are in charge, the men behind you, patting your back, the men with businesses who profit from war-making. In other cultures they are known as war profiteers, and in other periods of history they are executed. Who should profit by war? Well another aspect about OCCUPY is that these business vultures have been put on notice their time has come. No sustainable model of global democracy has room for predatory warmongers who keep wanting to pull their fortunes from war.

The people will be in charge of this nation, not the military or its business enablers. And when the people say enough, it’s going to be the military’s place to do the people’s will. If the people say no helicopters, or not in my airspace, or stop with your immoral wars, the army better stop its posturing, or find itself in the brig. Thank you soldier, but stand down. When the people tell you to stand down soldier, you had better do it, on the double.

For my part I will not decline to press charges a second time against military careerists who overstep their authority. And I will not again brook one iota of insubordination from someone sworn to serve this country. We American citizens are in charge of what’s done in our name. Do you hear me soldier? Sir, Yes Sir? Wise move soldier.

In the Leigh of the Storm

“Because we all share an identical need for love, it is possible to feel that anybody we meet, in whatever circumstances, is a brother or sister. No matter how new the face or how different the dress or behavior, there is no significant division between us and other people. It is foolish to dwell on basic differences, because our basic natures are the same.” — Dalai Lama

So our little Occupy group met with Colorado Springs City Council member Tim Leigh the other night. He came to meet us at our regular haunt, graciously provided by independent local business the Cafe Corto.

Tim is an affable dude, and our meeting seemed to go well, at least in the sense that we were able to develop a rapport with him and come away with a sense of friendliness, if not friendship. Tim is a self-described member of the 1%, an appellation that derives from specific statistics involving wealth which has acquired connotations as a result of Occupy that Tim may not be so quick to embrace. Fact is, i really don’t know enough about the guy to decide for myself whether or not he deserves application of the darker connotations or not. The group at the meeting is as diverse as any formed in October’s Occupy crucible, and as has been characteristic of the movement in general, each in attendance holds individual interpretations of just what Occupy is, and what we mean to accomplish. Good ol’ Thomas, in the course of his regular series of uncontrolled and only marginally civil outbursts, vehemently denied we constitute a “movement.” Others sought mostly to find little political fulcra with which to pry at Tim’s scales, (in case he’s a shape-shifting alien, i suppose). None of this was surprising–we are a group dedicated to disruption of the entrenched, monied status quo, working within a rough framework of fairly aggressive expression worldwide, if nothing else.

Tim weathered the various clods of dirt whipped up by the wind as one might expect from either a politician, which label he denies, or a very rich real estate wheeler-dealer, which would be ludicrous to attempt to gainsay. I don’t have the motivation to dig up lots of facts about Tim Leigh’s business dealings, but we know well enough that his name is on an awful lot of buildings around town, and he lives on a tidy and isolated landscaped lot up on the Mesa, where the houses are all overpriced, the better to keep the riff-raff away. His house is almost certainly bigger than yours. No one is apt to be shocked by those minor revelations. In fact, his now predictable assertions to be “in the same boat” as we would be fairly ludicrous to the casual observer, except that i think he’s right on the money with that one, though perhaps not as he sees it. Thomas asserts that we are an issue-driven–something not a movement–and he’s right about issues, at least in part. Tim is himself in a political position and making plenty of sounds i recognized as definitively politician-like in spite of his disavowals of the label. Focus on issues seems to be relatively comfortable, and certainly easier than addressing the grand thematics that permeate Occupy to the chagrin of some of its more terrestrially grounded aspirants, as well as its critics. As a result our conversation with Tim was often siderailed into issue-oriented lulls, at least in my mind, though i acknowledge the importance of issues as well. I’m just a grand theme kind of guy.

Tim had a few disturbing things to say about a few issues, like his statement that fracking in eastern El Paso county is “inevitable.” He said a few intriguing things as well. I bet he already regrets toying with the notion of giving OCS a building. He even let slip his own secret fears that the whole economic system might collapse. One thing that immediately raised lots of hackles, oddly enough, was his bemused question about the religious orientation of us Occupiers. And there’s the rub. Or at least one big one.

I promised to eschew incidental reporting for a while, and i am. Really. This may seem like reporting, but it’s otherworldly speculation. I suppose Chet will handle specifics well enough. Tim demonstrated a bit of a dichotomy one comes across in the Occupy phenomenon by stressing issues and suggesting ways for us to work with the System to get things to work out our way. This response to Occupy crops up all the time, both externally and internally. I met with a foreclosure working group in Denver last weekend, and spoke with a “constituent advocate” in Senator Michael Bennett’s office last week. The dichotomy arose there as well. The thing is, lots of people, including lots of Occupiers, are trying to figure out how to work within the System, however it may manifest, to change Things for the better. This is the ground where one finds the crossover between Occupy here in America, and the Tea Party. Again, everyone has a different take, but many express the thing as a desire to return to the Constitution, or to reclaim the “American Dream,” “End the Fed,” get money out of politics, or whatever, within a range of tactical thinking from addressing Congress and local pols, through–well, shooting Congress and local pols.

On the other hand, there’s a big batch of us that see the problems Occupy engages as rather beyond systemic reach and veering into if not fully established as spiritual issues. Although some at our meeting took auto-umbrage at Tim’s query, i think he asked the question in good faith, (ahem), and had worked up a rather bemused state for himself about our expression and motivation. Tim, you see, is a “pragmatist,” he says. He works the old system like a farm pump, and out comes serviceable, if foul-tasting, water. We look like Jesus freaks or something, to him, idealistic apotheoses.

We esoteric Occupiers, as one might call us, don’t see any hope at all from within the System, or at best, very little. (I’m willing to entertain the possible viability of the U.S. constitution, for example, if only because of its inherent malleability). We aren’t especially interested in, for example, the slick approach of establishment solutions to the foreclosure crisis where the government throws grease on the banking cartels’ bone-grinding machinery, setting up programs that allow mortgage holders to continue to be pillaged, a little less uncomfortably. Or policies that allow politicians to bray like drunken mules over the reductions in increase (!) in toxic emissions over the next fifty years when we all know damn well that the rate of extinction of species will have the very cockroaches fighting over table scraps soon enough to make fifty years seem a shaky proposition. Or bullshit excuses about some XX-anianstani or another that’s supposed to be aiming another batch of invisible weaponry at us while cartel honchos hop on a plane for Jerusalem so they can watch the fireworks from there, and record their profit and loss at close quarters.

We don’t like the damn crooked, snaky, backstabbing, cheststabbing, competitive, might-give-you-a break-after-i-get-mine-otherwise-fuck-you-and-yours System, and really we figure that even if it sounds ridiculous to many we’ve come to a point where abolishing the System is the only way to save our now tenuous hold on viable life here on Earth. We don’t see much pragmatism in working within the System in an effort to abolish the System. In fact there’s some concern that the thing may collapse on your head, doing it that way. There’s a real sense of unobtainability in working inside the System, akin to the application of Godel’s Incompleteness Theorem i posted earlier. It really seems to us fringe thinkers that the best one can do by working within the System is to expose it’s inherent, indivisible, insuperable bankruptcy.

I’ve been criticized, (by an Atheist that simply couldn’t tolerate discussion of Anything outside his Box), for attaching Undue significance to certain ordinary terms by targeted capitalization. Here in this very post, i’ve capitalized the terms, “System,” and “Things,” in order to attach significance to them that i don’t see as undue. I’m really not so sure what Tim Leigh, or even other Occupiers mean when we bandy those terms about in conversation so very casually. I strongly suspect, though, that their use is far more fluid and troublesome than we notice until we condemn our fellows for misstatements that only derive from failing to recognize one another’s usage. So let me explain that i am not restricting the Terms to ordinary usage involving mere political or financial systems or things, but expect them to be interpreted in a kind of supra-dimensional sense where the mundane is enfolded into a set batch of meaning we can’t really plumb so well.

The point is we need a new System if Things are going to work out for Us. Get it? I’ve often said that i’m part of the 100%. That includes Tim Leigh, whether or not we can trust him. It includes N-eeew-t Grinch-rich. I includes, say, Eric Holder the U.S. AG that has the sheer balls to hire on in his current capacity, straight off the payroll at Covington & Burling where he helped big bankers commit the crime of the millennium. No shit. There’s just no way to trust a guy like that. But we’re all in this boat together, alright, even if some of us are busy drilling holes in the bottom. This System where we steadily compete to see which of us can screw the most of us over simply isn’t working. And i don’t think we can come out any better if we simply rearrange the game board a little so we can screw Holder, instead.

A different Eric, this one a dear friend, says i oughtn’t to hesitate to speak “for Occupy” in the media, and expresses discomfiture when i say i can only speak for myself. But i can’t always speak for everyone. Not all Occupiers agree with the idea that a spiritually oriented reimagining of Human consciousness and interaction–a Paradigm Shift–is central to our focus. But it is, because no political ideology is apt to rescue us from ourselves. We humans have soundly fucked Things up. We have the wherewithal to fix our messes, but only if we completely and utterly rearrange our values. Sometimes we Occupiers still need some rearranging, too, and the business of demolition of our own hoary paradigms and approaches has been uncomfortable already. It’s not so likely to get much easier, either, but here we are at sea together. We’d best all put our drills away.

All these themes are in earlier posts, and i expect they’ll come up again. We esotericists could be wrong about it all. The huge body of science professionals warning of impending and serious environmental dangers could be completely wrong, or even manipulated by power-grabbing globalists, (though that would fall within the scope of this notion of System over system). Being wrong about the imminence of karmic backlash doesn’t negate the ethical reality that we just don’t do each other right. That we’re simply way to caught up with our own rather infantile egos. We really don’t think the numbers are to easily deniable, though, so even though we know this business of attempting to shift the consciousness and motivation of the entire species is absurdly grandiose and improbable, what else can we do? Do or die, it is. And when the whole Thing collapses, hopefully some of us will still be standing. If it does, and we are, Tim, Newt, and Eric are all welcome to stop by for a sandwich, if we still have one. Same goes for those Occupiers alienated by differences of opinion. In the meantime, we mean to fight the Dark aspects of the System tooth and nail, both from within and without.

A song about building the American Dream, railroads, towers, war, then being tossed aside to beg for change

Most Americans know the lyrics of this depression-era song. Now they know what it was about.
 
They used to tell me I was building a dream,
and so I followed the mob,
When there was earth to plow, or guns to bear,
I was always there right on the job.
They used to tell me I was building a dream,
with peace and glory ahead,
Why should I be standing in line,
just waiting for bread?

Once I built a railroad, I made it run, made it race against time.
Once I built a railroad; now it’s done. Brother, can you spare a dime?

Once I built a tower, up to the sun, brick, and rivet, and lime;
Once I built a tower, now it’s done. Brother, can you spare a dime?

Once in khaki suits, gee we looked swell,
full of that Yankee Doodly Dum,
Half a million boots went slogging through Hell,
I was the kid with the drum!

Say, don’t you remember, they called me Al. It was Al all the time.
Say don’t you remember? I’m your pal. Buddy, can you spare a dime?

Hey Mike!

After last week, it seemed this entry would be a pep talk for disheartened Colorado Springs Occupiers. Instead it seems it will need to be my own mind meandering around in an attempt to make sense of the new dynamic rising from the ashes of the original manifestation we had going here, which has surely been destroyed. It feels something like a kids cabin make of Lincoln Logs or something after he knocks it over to build something else.

It’s been over a week since the City shut our permit down and confiscated our ramshackle, wind-ragged tents down at Acacia Park. After a few days of curious and somewhat disconcerting quiet, Occupiers in Colorado Springs are reconnected, reinvigorated, and in many cases really pissed off. Yesterday a contingency of us made our way to the old Venetucci Farm south of CSprings to harass Colorado’s Gov. Hickenlooper at the groundbreaking ceremony for a solar garden project of the city’s publicly owned utilities company. About 20 Occupiers of Colorado Springs mic-checked the governor and briefly disrupted the speechifying before a group that was made largely of Occupy’s natural allies, raising the ire of some attendees, but most assuredly reminding Hickenlooper that he won’t be allowed to ignore the movement simply by leaving Denver.

Some Occupiers present , including i, were ambivalent about our project. Hickenlooper is something of a liberal darling, having supported projects like the SunShare solar garden in the past, and the crowd at the event was populated by many of Colorado Springs’s “liberal” elite. The business of interrupting at these proceedings is a little sticky, and may have cost some in support for Occupy among this crowd. On the other hand, some of the issues addressed by Occupy were aptly illustrated within the very brief span of our attendance. Jerry Forte, who wrangles close to $300,000 a year for himself without considering bonuses as CEO of Colorado Springs Utilities, spent a few smooth-talking minutes going on about how cool the city’s utility non-profit is, noting the great advance the two or three dozen solar panels undergoing installation at Venetucci Farm toward his goal of deriving 20% of city power from renewable resources by 2020 represents. Gee whiz! At today’s use rates, by 2020, the world’s inhabitants, especially in the U.S., will be stabbing one another over firewood if we can survive the toxic byproducts of the petroleum industry, or the potentially nuclear wars we are preparing for our next trick in the Middle East. Hmm–wonder what gas prices will look like if the Levant and its environs are sealed under a “sea of glass.”

Forte also sits on the board at the local branch of the United Way, where Bob Holmes’s Homeward Pikes Peak brought in around $650,000 last year, and still can’t figure out how to house or manage the low-ball ,(and variable), estimate of around 1,100 homeless residents in Colorado Springs. Hickenlooper, a million dollar winner in the American sweepstakes who loves to project an aw-shucks, up-by-the-bootstrap, populist kind of image came to his ability to start restaurant empires via the petroleum industry. He presides over a state that panders shamelessly to the U.S. military and its attendant industrial complex, both of which entities these days seem to be no more than acquisition arms of the energy and financial elite about which you may have heard Occupiers railing in recent months. Mike Hannigan of the Pikes Peak Community Foundation was there, and i’m sure he was butt-hurt by the Occupiers implication by their mere presence that his organization might be elitist or something. The CC student i spoke with on the way off the farm grounds was perplexed and hurt herself, expressing solidarity with Occupy, but begging that we not “do it again, ” referring to our admittedly rather obnoxious interruption. She will likely go on from CC to join the cultured pseudo-liberal aristocracy of our guilt-laden Western catechism spinning its wheels till the Apocalypse. Hannigan manages some $50m in assets, and to be sure the foundation does some good work, but all the back-slapping and genteel coffee-sipping over a couple of ultimately meaningless solar panels sure feels a lot like John Rockefeller’s habit of passing out dimes to street urchins late in his life.

I am not accusing Hannigan, Forte, or others of comparability with Rockefeller, who made his initial fortune by arson and murder. Consider this, though. No one seems interested in whether the numbers in the mix add up to anything substantive or not. None of the serious players mentioned above have ever questioned the 1,000% spread between some of the salaries involved at CS Utilities, and when and if they do it’s generally to argue that we have to pay such ridiculous amounts to attract the “best and the brightest,” even though recent history shows plainly enough that it’s painfully obvious huge salaries hardly translate into top performance. No one scratches his head over the disconnect between the high-minded goal of CS Utilities for 20% renewable energy within minutes of the utter collapse of projected petroleum reserves. And aren’t we Americans, including especially those of us with the clout big money wields, responsible for our own politics? Are we really a bastion of freedom and intelligent, realistically utilitarian process or is all that rhetoric just a roll of dimes to cover up our guilt every time we go down to Wal-Mart to perpetuate our slave economy, without which we have never lived? What’s the disparity between Forte’s salary and the annual income of the guy that made his spiffy shoes?

Occupiers love solar projects. But nothing’s ever about just one thing, and it seems to me it’s about as rarely mostly about the thing at the top of the presentation program. We Occupiers are often accused of stupidly purveying no solid agenda. it may be apparent that at least my Occupy agenda is complicated. The above connects Big Oil, Third World labor, charitable impulse, income disparity, under-girding Western guilt, competitive job markets, and spiritual malaise, among other things, including much that remains implied. Many Occupiers i have met personally are still perturbed at the scanty portion of the American Pie they find available on their own plate. We’ve brought this whole scenario upon ourselves, though, and the current program will remain fully unsustainable whether the polite society of charity in the Pikes Peak region dismisses us over our antics or not. That’s why Occupy in general will be not so easily dislodged from its place in history.

The bitch about saying all this is i really, really like most of the people i recognized at Venetucci Farms yesterday. I like Americans in general–but man, we’ve got problems, just like the homeless guys Bob Holmes and his philosophical brethren like to try to control all the time. When i talk to those guys in line at the soup kitchen, i tell them, “Man, ya really ought to leave that dope alone a little.” They know me, and they know i love them. Really. I do–and really, they know it. They know they’re fucked up, too. Sometimes i’ll tell the most torn down that they need to leave the dope alone completely, before it kills them. That’s what i’m saying about our society here in Colorado Springs, in Colorado, the U.S.A., and the whole world. I really don’t have a beef with the bankers, politicians, and half-assed, dime-roll charities of the world, or the foolish scrabblers grasping at the American Nightmare. They’re working a system designed by haphazard evolutionary processes to favor ruthless competition. But i am saying that we need to get serious about fixing all these interwoven problems that stem from deep down in human souls, because we’re running out of time. If we lose, and everything goes to Hell in a handbasket, if none of us learn a genuinely cooperative technique for living together with ourselves, and with the Earth before she rejects us, we Occupiers will be able to tell our kids we fought the deadly processes that brought us down with everything at our disposal. Even if it’s with our dying breaths. What will those of us that insist on competing our species to death be telling theirs?

Occupy is not going away, here in Colorado Springs, or anywhere else. We’re planning more and escalating prodding at the fat, lazy system and its symbiotic remorae. We hope the World listens closely to what we’re saying and its members genuinely look inward to find that bit of truth that remains, concealed behind layers of self-deception and avarice. Because, sure, we’re pissed off about injustice–who wouldn’t be? But we also really like humans, and other living things, and we don’t want to see them all go away.

Fear and Loathing in Colorado Springs

Those readers following the Occupy! Movement in its many forms around the world and in Colorado Springs will be glad to hear that Tuesday culminated a difficult week for us here with a resolution of many contentious issues, and an overall commitment to unity.
 
The subject matter behind this particular post is closely associated with the Movement in general, but it’s more a humanity thing than an Occupy thing, overall. I hope i can get the associations to make sense, and that readers will restrain themselves from developing the erroneous notion that this is meant to be a pitch for some sort of religion. It’s not.

I went to the Municipal Court in Colorado Springs to enter a plea of “not guilty” to the charge of camping on public property because of actions executed as a part of Occupy! Actually, i was camping on public property, to put it quite plainly, and the idea behind the plea is that the action does not engender guilt even if it violates a silly and badly unAmerican, (read, “oppressive,” if we’ve become a little unrecognizable in this regard), statute. A couple dozen supporters made it to the courtroom with me, and raised enough ruckus to get Municipal Judge Spottswood W. H. Williams to threaten them all with contempt charges. The whole thing was kind of a lot of fun, really. Made me feel a little like Hoffman or Hayden, in a much smaller sense. There comes a first time for everything, and this was my first visit to a courtroom during which i was able to feel utterly unencumbered by the dark nature of my own action that had led me there. My deepest thanks to all the OCS members and especially Dennis Apuan, who put his political credibility on the line to stand with us, and brought a good deal of patriotic weight to the room as State Rep for the fine soldiers of Fort Carson.

The hearing was only that, after all, and after entering the plea, we scheduled a pre-trial conference with the City Attorney, for 22 Nov, at which a government lawyer will make me an offer i’ll most assuredly refuse and we’ll schedule a jury trial. I’ll keep you news hounds posted as things progress.

The point to this post, though, is an underlying root to the no-camping ordinance, as well as to most of the woes of the day: The Fear.

Most of us don’t acknowledge the Fear because, well, it’s scary. Instead we get angry, or attempt to maneuver ourselves into a position to control uncontrollable factors like society or competitive economies. We eschew cooperation because we’re afraid of our fellows. We make assumptions about others’ behavior and how it will effect us. We bewail the corruption of society, and begin looking over our shoulders for the punishment of God, or black-clad mercenaries coming over the horizon to herd us into frigid winter FEMA camps. We worry about hunger, poverty, inglorious death. We develop elaborate political systems and foment revolution in order to establish “security” of dubious credibility. Look around. These tactics have not ever worked after attempting repeated, redundant permutations, and there is no reasonable expectation that they ever will.

The Fear has driven all this cutthroat competition. It’s what motivates folks to be sure they have more, more, more. It’s what causes us to petulantly demand our right to burn as much gas in our Hummers as possible, and to constantly engage in useless commerce. It motivates the lowest guy competing for some crappy job at Taco Bell just as surely as it motivates conspiratorial Rothschild backroom bankers. It motivates us to enact stupid, oppressive no-camping ordinances when someone that scares us becomes visible, oh my! We’re all deathly afraid of some horrible outcome, like someone else getting our stuff, or scaring tourists away, or enjoying some habitual pleasure we find repugnant.

The Fear is irrational! What’s the very worst that can happen to us in this life? We die? We find ourselves incarcerated or tortured? Consider, if you will, that we live our little spans, maybe a hundred years or so at the outside limit, surrounded at both ends by an unfathomable mass of toroidally twisted, multi-dimentional Eternity that not one of us will ever grasp while we live. What possible fear can be valid under this circumstance other than that we fail to live according to our own perceived Truths? I say “perceived” since only those afflicted by the Fear are afraid to examine those truths for the errors all honest thinkers know to exist within our own perceptions. If I knew my own blind spots they wouldn’t exist, right? We don’t even know what we’re afraid of mostly, though we can usually list a few if we set ourselves to the task. No one is to blame for his or her own irrational fears, especially cultural fears such as seem to be more or less universal. Many have been established by the direct influence of media that may well have been designed by nefarious folk for exactly the purpose of invoking unfounded fears in various populations. OMG! Now i’m making myself afraid! Not really–but what to do about the Fear?

“There is no fear in love; but perfect love casteth out fear,” reads a certain religious text, (1 Jn 4:18, for those with a source fetish like me). I won’t be digressing into a religious sermon here. The principle holds without the doctrinal baggage surrounding it in the context in which it nests. No matter how evil the Ideas we oppose as Occupiers, or as human beings in general, they can’t overwhelm a spirit of love. No matter the spiritual foundation or lack thereof, love can dissipate greed, fear, disappointment, embarrassment, and in fact any of the various bases for the secondary anger response we are all prone to manifesting in situations as apparently dire as the one we’re seeing now. As much as i can plainly see the bogus nature of the moves made in, say, the financial industry, (inseparable from other key industries at a certain level), applying some genuine empathy causes a mental process that can not end in hatred or vengefulness. Look guys like Greenspan or Geitner in the eyes next time you see them. They’re deeply miserable, and completely trapped in their own Fears. When it all collapses, i really hope they’re still available so we can feed them a plate of food, even if we can’t resist the temptation to ask, “What the fuck were you thinking!?”

We can’t fight fire with fire here. Battling greed with more greed, as some seeking to restore an “American Dream” involving bigger slices of a rotten pie seem to do. Revolution only spins us in circles: “Meet the new boss, same as the old boss.” We always seem to find ourselves standing in the same spot we started, except standing in pools of blood with fewer resources after every revolution we’ve ever effected. We don’t have these options any longer. The planet is in a condition that will not permit us to continue on the deeply ingrained, competitive course we’ve followed for so long. Learning to love, to let go, to tolerate, to work together for our futures which are common whether we like it or not is the only way out of this. It’s not easy, only necessary.

I can’t tell anyone how to save anyone else, or how to convince the next guy that any of this is true. I can’t even describe the mental processes that led to these conclusions. All i seem able to do is to proceed in the direction the thoughts lead, as they come to me in a fashion that very often seems external. Examine the assertions that continue to spill out of me at 2 in the morning like this. Notice with joy that there seem to be many others reaching similar conclusions: Things are terminally fucked up and only Love can save us. If it turns out that we’re not saved, that the whole human experiment is doomed to fail, i’ll breathe my last breath in the knowledge that i walked the talk spoken by all my heroes in tongues long lost to history, or new today, or unspoken yet understood by common nature. I don’t think i’m alone. I don’t know how to be afraid of that.

Genocide

When I was a young hoodlum, I plagiarized a bit of prose poetry with something like this at its core in order to make myself look cool. As an officially legal adult I’ve lost interest in how things look and have taken up a pursuit of how things Are. This is my take on the piece that my younger self recognized as valuable. That unknown poet, whose name is long lost to the mists of my long lost mind may well recognize a few of his or her words here. No harm intended, kind sir or ms. All the cells that may have stolen your work wholesale are long dead. I hope you like what my momentarily current self has done with the memory….

When I woke up this morning I pulled back the cover and in so doing scattered skin cells like chaff from wheat onto the floor.
I drank a bunch of hot-ass coffee and scalded my tongue–maybe the caffeine killed a few hundred thousand brain cells. Who knows?
I rode my bike to a demonstration, undoubtedly reaping a harvest of sorrow amongst the muscle cells in my anguished protesting protester’s legs.
When I arrived and put the rest of my body to protesting I met a friend and we hugged causing the deaths of multitudes of fleshly villagers in each of our respective bodies.
As the day progresses into evening I’ll meet others maybe loved ones maybe new acquaintances and we will joyfully kill one another’s cells ending their brief unnoticed lives ignominiously.
If it should fall out that we fuck–Genocide!
How is it that these most tender of acts expressing our humanity are so violent in their collatery? Does it matter? Are those cells not reborn in a new generation a new regeneration? Hark! I am born again yes born again.
I am born and born and born requiring the Universe to bear me. It’s the points on a line–I am born again at each indivisible moment. Infinite. There are no two points between which there are not infinite dimensionless points. I’ve been born again more times than there are numbers for as I wrote this.
You’ve committed murder in your own head while you read it. Surely this bit has killed some of your brains off too.
The beauty of it all is Infinite. Eternal. Undying.

(Reprinted from Hipgnosis)

Want a depressing laugh? See what’s passing for direct action strategy

It begins: “Nonviolence is a great power which, when used correctly, can overturn empires.” You see the hole they’ve dug for themselves… For your reading enjoyment, here’s the entire of the Metta Center’s nonviolence page, unedited, gross assumptions, emphasized.

“Overturn empires” –WHICH? Can you name EVEN ONE? Apparently nonviolence has yet to be “used correctly.”

“that power” –Sorry, unproved.

“it’s our only option” –You wish, I guess. You and the forces of oppression.

“the most effective approach” –So you see the problem here. Every conclusion flows from a false assumption.

————————————

Nonviolence is a great power which, when used correctly, can overturn empires. You will be drawing on that power, the full extent of which comes into our hands when we adopt it deeply and consistently, not because it’s our only option but because it’s the option that allows us to preserve our humanity in the process of struggle, i.e. to not further create the problem we’re trying to solve. Just ends and nonviolent means are a powerful combination, and that becomes clearer the longer the struggle goes on. We also get closer to the full potential of nonviolence when we have trained ourselves to the point where nonviolence is practically a way of life, offering unyielding resistance to injustice but never hostility to the true well-being of any person. Nonviolence is strategically the most effective approach in any situation of oppression particularly; however, its full power comes out when we:

have set a determination to identify core issues for which we are willing to make great sacrifices (and compromises on everything else);

have a well developed program of self-improvement and constructive work, building the world we want without demanding that others give it to us;

have a strategic plan that can carry us forward for the long term, using constructive program whenever possible and active resistance when necessary.

—————————–

“great sacrifices” –Martyrdom, victimhood. “compromise” –Punked.

“self improvement and constructive work” –Blame the victim. Onus for change is apparently the responsibility of the oppressed.

I’m sick already. What follows is nothing better than bad religious dogma, based not on morals but psychological engineering. It’s textbook Dale Carnegie, How to Make Friends And Influence People. As if corporations were people.

You can almost smell the crap. What you have here are missionary opportunists seizing upon strife to convert the oppressed to their pie-in-sky-when-you-die spirituality. No different than trying to convert indigenous peoples instead of educating them. Or making drunkards sing church hymns before they get soup.

————————–

Points for Consideration:

I. Nonviolent Strategy Curve

Explanation:
Nonviolent strategies help to create a state of positive peace, restored relations and a higher image of the human being. There are times when conflict is necessary for this process. A nonviolent person will never shun conflict but will always use an opportunity to deepen his or her practice and connection with others.

This curve demonstrates how to create positive peace by advancing nonviolent strategies when relationships deteriorate and dehumanization increases.

II. Anger Under Discipline

Nonviolence is not passivity; it is a power in and of itself. There are three faces of power, according to Kenneth Boulding: threat power, exchange power and integrative power. Threat power is the power of a military force; exchange power is the power of money. Unlike military/threat or economic power, nonviolence is integrative power or love in action. In order to use its power on any scale–small or large–we must as Dr. King said, “harness anger under discipline for maximum effect.”

Anger, like other emotions, is a powerful force. But it does not need to be expressed in destructive or short-sighted action. Anger can be transformed into the fuel for nonviolent, constructive action with a long-term positive effect. What are some ways to “harness anger under discipline?”

1. Respect yourself and respect the goals of the movement by using the means that will achieve the end for the benefit of everybody (aka nonviolently).

2. Never humiliate another human being; all who watch and participate are potential allies, including perceived opponents.

3. Make your movement irresistible, not alienating, through education, professionalism, dialogue, restorative practices and nonviolence trainings.

4. Be willing to take on suffering and insult if necessary rather than inflict it onto others, at whatever the cost to yourself.

5. Be able to articulate clearly and effectively the goals of the movement and see the media as a way to persuade others to join your efforts. This takes reflection and serious strategic planning. Keep the message focused, clear and easy to understand.

6. Take time each day to take care of yourself spiritually. You need to be at your best when emotions and anger are running high. Take time to meditate and enjoy that you are working for a higher purpose.

III. Three Components Needed

Nonviolent struggle has three primary dimensions:

Constructive Programme: This means building the world you want without waiting for others to give it to you, e.g. alternative institutions, local economies, nonviolent leadership models.

Obstructive Program: This is what Dr. King called “non-cooperation with evil.” This includes tactics such as reverse and general strikes, marches, sit-ins, boycotts, etc.

Strategic Overview: In order to have the maximum effect, a movement needs to know when to switch between CP and OP, when to walk away from the police or when to allow for confrontation, etc.. Strategy can be strengthened by an overall commitment to nonviolence, a coherent message to share with those involved and those watching, and disciplined action.

IV. Learning

Take the time to watch other movements. Do not merely imitate but learn from them: understand what worked and why it worked. For instance, if protesters on Wall Street provoked a police struggle, how effective was it for an overall nonviolent goal and how might a different strategy work better?

Constantly assess and re-assess the situation in light of new information and new situations.

Stay in contact with other movements. Share the lessons with one another.

V. Tips for a Long-term strategy:

Sometimes in nonviolence we don’t get what we immediately set out to change, but in the long-term, the situation is more pliable, flexible and change comes more easily. Do not see short term failures as a failure of the method of nonviolence, and do not let anyone convince you that violence would be a better strategy to take. It isn’t. If one needs greater strength, one can “purify” one’s efforts. A simple way is to increase one’s commitment to nonviolence in thought and word. At this point, other practices such as meditation will be tools.

Statistics show that even if violence “works” in the short run, in the long term, it never makes a situation better. As Gandhi said, “violent revolution will bring about violent self-rule.”

The more comprehensive our nonviolence, the greater effect it can have. This means that instead of focusing all of our efforts on outward change, we can learn to deepen our awareness of how nonviolence works, not only on the level of the deed, but in our words and thoughts.

Nonviolence is a form of persuasion and dialogue, not a one-sided form of coercion. Respect the escalation curve model and always try to deescalate a conflict; avoid using the wrong strategy at the wrong time (this is where a strategic overview is essential).

Satyagraha is a last resort strategy for a discussion (looking for a win-win outcome) and can lead to the need for self sacrifice at the highest degree possible. Do not make this sacrifice before it is necessary e.g. promises of fasting unto death without first a willingness to try other strategies are always ineffective. Satyagraha is a method which “compels reason to be free.” We must be reasonable ourselves to awaken the reason of another; we must be willing to take risks and sacrifices (even to our ego) to open the heart of another.

(At Metta, we would like to change the slogan to “Create a New World! Stop the Machine! because in creating a new world, the machine dissolves more readily.)

That’s right, METTA CENTER can’t help themselves from second guessing the OCTOBER2011 slogan. It’s like antiwar detractors insisting message be FOR something instead of ANTI war. You can be AGAINST injustice, inequity, crime, greed, et al, without having to be on the hook for condescending an alternative.

Straight blogger confesses he’s lesbian

Lesbian blogger PAULA BROOKS unmasked as straight manSo a retired Air Force man has to fess up that he was “Paula Brooks,” editor of the blog LEZ GET REAL. More critically, Bill Graber, 58, of Ohio, was a shill for fellow hoaxer Thomas MacMaster aka the Gay Girl In Demascus, whose wife Britta Froelicher has yet to be implicated directly, though she’s a Syria scholar at a Neocon leaning institution, and as supposed activists, their talking points are concern trollishly generic. With Graber unmasked, LezGetReal is being handed off to alternating erstwhile shill “Linda Carbonell”, who says she doesn’t use her married name La Victoire lest she jeopardize her husband‘s job with the government. “Victory?” Hello? Commenters are all LOL because LezGetReal still won’t get a real lesbian for an editor, and tittering because Graber and MacMaster flirted online, unknowingly middle-aged-man-on-man. Heehee, yeah, I don’t think so. MSM interviewers ponder that no one appeared to intend harm, but aren’t they missing a wooded Virginia campus for the trees? If psy ops programs were indeed coordinating trolls, what do you think the motley crew would look like? No doubt you’ve encountered your share already, a drearily uncreative bunch, frequently on the fringe of the military, with their fingers in many pies, the gay issue being not so distantly DoD-related.
 
“Paula Brooks” was one of the smelly loose ends of the Tom MacMaster Amina Arraf hoax, so I’m glad that someone smoked Graber out. But on the other hand I’m not.

I intended, with the title of this post, to lampoon the now repeated twist of lesbian bloggers turning out to be straight men. To get attention now, you’d have to be a straight blogger who is discovered to really be a lesbian. But then no one meant to bring this kind of attention to themselves, you’d think.

Maybe you’d be wrong. The worst element of this fraudulent blogger meme, is the seed of mistrust which increasingly poisons the internet. The only edge the established media had on the blogosphere was an inherent credibility, the indoctrination that if something is in print, it must be true. Though MSM journalism has been losing ground to the superior investigative output of the internet, hoaxes such as this work in their favor.

Although it’s been fun to unmask these frauds, and seek credit for the collar, the more attention paid to the story, the more eroded becomes the public trust. Yes, we’ve proven that the net will find you out, or more precisely CAN find you out. But what’s our success rate? It feels like 100%, but that counts only the identities we question. There’s no telling how many frauds remain undetected.

And worse, internet sleuths are slashing away at the very anonymity they cherish. To be a credible voice now, you have to be completely out, you have to show your papers basically. Who celebrates that?

We may think we’ve embarrassed MacMaster and Graber and Froelicher and La Victoire, but if they are indeed intelligence spoilers, they can go right back underground and on to the next alias.

Should we discount a Hasbara hand in this? Critics seem to be condemning MacMaster and Froelicher as anti-Israel, bolstering their Palestinian advocacy identities, but really without ground. In a video interview available online, Froelicher speaks about her gig with the AFSC and outlines her strategy for helping the Palestinians: make it so they have something to lose, she explains, so they’ll be less prone to violence and radicalism. Yeah. And MacMaster writing as Gay Girl Amina once posted her dream to learn Hebrew and live in the superior democracy Israel, just like your typical Syrian girl.

And if they are spoilers, then to be unmasked, to be the embodiment of fraudsters, fleshes out exactly what their handlers want, voices to distrust, to destabilize our common supply of information.

The future of photography is time

I know little about fine art photography, darkroom craft or print collecting, but I will foolishly assert this: the future of the two dimensional print is the time-dimensional print. It’s only with the evolution of high definition that I dare say it, video. THE FUTURE OF 2D IS NOT 3D IT’S 4D. (Actually 3-D is a tech injected myopia, by 4D I mean two dimensions plus time plus sound) I do know that photo technology for everyman has breached the fourth dimension, mounted paper prints are a throwback for older generations like mine, who think of the past in terms of stills. Before us it was black and white. Moving picture snap shots are no gimmick. Purists can mourn losing the split-second frozen in time, but who can argue that elapsed time does not add an infinity of fractions more? Yes color film lost the contrast of monochrome, just as paint left the shading of charcoal. Movies have long since eclipsed slide shows and now it’s time that single-frame photographers step up to digital video, same fixed shot, same composition, time exposure set to however long will hold the viewer’s gaze. Soon online videos will embed as smoothly as static images, and two dimension visuals will be lifeless.

And like its archival predecessors, devoid of the information we already want to glean from the past.

I offer two examples for this argument. If modern galleries can break the silence barrier, the visual arts would also benefit by retaining the dimension of sound too.

Michael Deppisch’s montage of the 2010 Nashville flood.

Hector Thunderstorm Project by Murray Fredericks

Hector Thunderstorm Project from Murray Fredericks on Vimeo.

You can lead a horse to water, but will it give a statement to the press?

From the horse’s mouth: Nope.
On advice of lawyer, don’t talk about arrest. On advice from retired lawyers: civil liberties issue iffy. Advice gleaned from the overworked ACLU: case not as good as others we’ve got. Advice from friends: hope for a plea deal. Request from PPJPC colleagues: pretend we don’t know you. Advice about the press: “Generally they don’t have much interest in this kind of thing.” FAIL.
 
I have to confess, my pretending yesterday about an intentional plan to fly under-the-radar was sarcasm. I had no idea the extent to which the sublimation of the “MEPP” Kulp/Nace arrests was premeditated. No mention of the court date in the PPJPC Active For Justice weekly email, the arrestees’ spirits driven down by the defeatism prescribed above. I raise this criticism not to victimize the defendants further, but to question this apparently endemic predilection for hemlock.

Protesters say arrests unjust

Exactly how valuable is it to have colleagues with legal experience enough to vacillate about your courtroom chances being between cross-your-fingers and dismal? What good a lawyer whose own sense of your pre-verdict innocence is ambivalent? What confidence is lifted being told it will all depend on the judge? I’ve always thought a lawyer who counsels activists to shut up while their prosecution is pending, lest innocence incriminate itself, is not suited to activists as clients.

Most troubling is the impression which the ACLU gives in its habitual reluctance to express enthusiasm for a case. The Denver ACLU in particular is famously overburdened, and they are inundated with solicitations for representation. Better in my opinion to decline with apologies than to leave inquirers doubting their trampled civil liberties may not have been sufficiently flattened. Free speech is either or. Restricted free speech is restricted speech. Or are we prepared to call it the 1.01 Amendment (revised for 2011)?

Behind the scenes, only hours after the fact, the ACLU can reveal that the November arrests and the policy which the city acted upon were patently unconstitutional. So how can we expedite that kind of reassurance to activists before the fact? Because of course such arrests are only serving to scare the public from even thinking about dissent. In fact this is the preemptive aim of these actions.

I count my own success at avoiding arrest, as I find myself defying authority sometimes nose to nose, with nonchalance because I know my rights. I KNOW MY RIGHTS. That argument appears to register with police officers when you say it as if you’re reassuring them, projecting a shrug and a smile, relieving them of having to rationalize acting against you. When you are confident of your rights there is nothing to compromise but practical considerations, lawful orders which the officer is able to show you are warranted.

You can retreat to a public sidewalk once a policeman has proven he had sufficient authority to make the request. A landlord who has contracted the use of his land to tenants does not have absolute say without their consultation. It’s not even reasonable of him to call in the police if no one is complaining and you are not creating a disturbance. To know these things empowers you to stand your ground when overzealous officers of the law think they can throw their weight around. How do we rekindle that essential confidence in our civil rights?

Pictured: Ted Nace with Rita, Pattie, Eric, Esther, Bill, and Loring

The other confidence-stealing factor at play in this case is an activist organization insisting that its members protest under a different name, to avoid offending members who didn’t agree. On its website, the PPJPC claims the MEPP as a subcommittee, but for the day of action and in subsequent news coverage, no affiliation.

If you consider that the Middle East Peace Project’s objective is to win over public awareness and sympathy, it seems horribly defeatist to think that you can’t even appeal to your own fellow members. Not to mention that you can’t trade on the reputation that sustains your mother organization, instead you have to emerge out of the blue, like any other holders of extremist views.

When protesters are having to excuse themselves and the unintended perhaps unwarranted commotion they’ve caused, and have to pretend to be acting autonomously because they can’t make their case to their own colleagues, it’s a recipe for what happened here. Activists kowtowed and self-censored.

And so, how to ally yourself with such impediments? Coloradans For Peace has to cut the PPJPC out of the loop so long as its decision makers are so dominated by naysayers, pretenders, NVC appeasers, and a staff which reports their every intention to the police. You can’t even discuss strategy in such a circle.

Your father’s Lili Marlene, specifically

On the subject of historical misconceptions, you might say I’m hugely sentimental. So the tale of Lili Marlene catches me up like a honey trap. What does the name conjure for you? A Nazi Mata Hari? A fictional musical persona beloved by soldiers on both sides of the Good War? While even antiwar sentiments wax nostalgic about its universal love-conquers-all popularity, the WWII melody evokes romantic memories fueled by dueling propagandas. And when a victorious meme writes the history, it can erase its footprints, leading from what was effectively a literary rape.

A recent folk reference for example, an otherwise impeccably adroit Lili Marlene Walks Away, about Marlene the streetwalker, leaves me just sick in the heart.

The historical narrative has it that Lili Marlene was actually Lili and Marleen, two girlfriends for whom German soldier Hans Liep pined from the trenches of WWI. With unchivalrous poetic license Liep conflated the two and penned a love poem as it might have been written to him, “signed, Lili Marleen.” Two decades later a German composer set the words to music and then came the outbreak of the next war. The original recording by Lale Anderson was a flop until broadcasts to the front lines over Radio Belgrade captivated homesick Wehrmacht soldiers and eventually the lovelorn battling on both sides. Lili Marlene emerged the most popular song of all time, translated in as many languages as fought in the war. Was this owed to a universal empathy toward the pangs of love, or was it the appeal of a truly catchy melody and lyrics carefully crafted to suit the moment? And how did Lili’s character become redefined?

For the German audience, the character of Lili Marlene did not change. For some the song lost its sheen for having been co-opted by the Third Reich war machine. But even as the singer’s living embodiment of “Lili Marleen” became tarnished by her Faustian-won fame, the title role of “Lili” remained the non-fictional love interest with whom her soldier lover spent every furtive off-duty moment, revisited in memory and in anticipation. Concurrent translations across the European continent stuck to the same essential theme, owing no doubt to listeners being in the main multilingual. They understood enough of the original German not to be sold another Lili Marlene. English was another story, but the Allies didn’t start it.

Nazi propaganda minister Joseph Goebbels at first banned the song because he saw it as demoralizing to soldiers enduring the deprivations of war. He referred to Lili Marlene as “The tearjerker with the death-dance smell” until its popularity reached a critical mass even he couldn’t stop. When opposing forces seemed also to succumb to the song’s wiles, Goebbels sought to intensify the poison’s venom.

The original German lyric was written in an ambiguous voice, either that of the soldier or his faithful girl, revisiting their every last moment together and the promise of more. Even as the imagery may have been accepted as a soldier’s fantasies, the singer’s female gender was consistent with the voice of his lover’s reassurances. As a result, the original singer came to personify the character Lili Marleen. For soldiers of every side the voice they heard was that of “Lili Marlene.”

The popular account goes that when Allied soldiers were observed singing along to Radio Belgrade, an English lyric was ordered post haste lest American GIs and British Tommies be singing in German. Rarely mentioned is that the seduction interrupted had been in English.

A recent compilation of nearly 200 different renditions of Lili Marlene gives an unprecedented look into the WWII propaganda battle waged over control of the Lili Marlene narrative. Many of the key recordings have reached Youtube.

When the Germans surmised that Allied soldiers wanted to do more than whistle along, a lyric was devised for them which changed the ambiguity of the narrator to the first person. YOUR Lili Marleen became MY Lili Marlene. And oddly, but for reasons un-mysterious obviously, the vocalist remained a woman. The English version was supposed to be a translation after all, and no one was under any illusion that the song’s original appeal with soldiers was not owed to the enchantment of the chanteuse.

The plodding, dripping sentimentality of the melody also lent well to marches. Lili Marleen, in English, Marlene, was an ideal tonic for a war long on effort and deprivation.

An American GI today could still be forgiven for hearing Lili Marlene and saying: those aren’t the lyrics I remember. Late and post war USO tours effaced the earlier Nazi radio broadcasts. There was a German English version before the British and American after that, when Lili of the home front became the seductress became the whore.

If the song conjures an American image at all, it’s Marlene Dietrich, who subsequently claimed the song for her own, perhaps why it’s named Marlene and not Marleen, I don’t know. But her vampy rendition colors interpretations to this day. An American film star from the 30s, Dietrich is still mistakenly remembered as a reformed German double agent, possibly the Axis Sally propagandist who originated her namesake song. To my mind, familiarity would be the only reason to favor Dietrich’s rendition of Lili Marlene. The original 1938 German and its first English incarnation in 1942 were both by Lale Andersen, easily the most moving. But Marlene Dietrich wasn’t selling love, or was, to be more precise.

The lyric to the original German recording translates thus:

In front of the barracks, in front of the main gate,
Stood a lamppost, if it stands there still,
So will we see each other there again,
By the lamppost we’ll stand,
As before, Lili Marleen. As before, Lili Marleen.

Our two shadows looked like one.
That we were so much in love, at a glance anyone could see.
And everyone will see it,
When we stand by the lamppost,
As before, Lili Marleen. As before, Lili Marleen.

(The motif of female narrator was conceded by a 1943 BBC propaganda rerecording made for broadcast back to Germany. Instead of a love song, the lyric became a war-weary rant where a hoarse-throated middle-aged “Lili” calls for an uprising against Hitler. Loosely translated it went:

Maybe you’ll die in Russia, maybe you’ll die in Africa,
You will die somewhere, that’s what your Führer wants.
But if you see us again, where will this lamppost be?
In another Germany.
Your Lili Marleen.

The Führer is a oppressor, that’s what we all see,
Making every child an orphan, every woman a widow,
It’s all his fault, I want to see? him at the lamppost,
Hang him up at the lamppost.
Your Lili Marleen.

)

The German propagandists were more insidious with their subversion of Andersen’s 1942 recording, sticking closely to the original setting, shifting the narrator squarely to the male, relegating Lili not just to the third person but to the past, and interjecting heaping doses of sentimentality:

Underneath the lantern, by the barrack gate,
There I met Marleen every night at eight.
That was a time in early Spring,
When birds all sing, then love was king
Of my heart and Marleen’s, of my heart and Marleen’s.

The next verse begins with a cringe-worthy overstep of a military put-down, perhaps however to divert critical faculties from the real manipulation. Even though the song is now in English, the soldiers expect it serves German propaganda. Disarmed by the amateurish mocking of “retreat,” the listener is vulnerable as the rest of the lyric preys on a soldier’s insecurity about his sweetheart’s fidelity, the longer the war years become interminable. The subject is the usual propaganda leaflet fare, but animated with the potency of music. Faithful “as before” became “time would part” Marlene.

Waiting for the drumbeat, signaling retreat,
Walking in the shadows, where all lovers meet.
Yes those were days of long ago,
I loved her so, I couldn’t know
That time would part Marleen, that time would part Marleen.

The pace leadens to deliver the fatal pronouncement, again the anticipation of reunion becomes perseveration and lament:

When I heard the bugle, calling me away,
By the gate I kissed her, kissed her tears away.
And by the flick’ring lantern’s light,
I held her tight, t’was our last night,
My last night with Marleen, my last night with Marleen.

The last verse repeats the first, which I omitted earlier. It’s a call to action, obviously absent the original, “Now is the time-” meaning desertion into the aforementioned shadows, “to meet your-” and I must admit to be unsure of a transcription. From Andersen’s accent to the unclear recording quality of her backup chorus, it’s difficult to determine whom Lili wants the soldier to meet. “Your girl” and two other words which rhyme with girl, the first begins with P, the last with S.

Still I hear the bugle, hear its silv’ry call,
Carried by the night air, telling one and all:
Now is the time to meet your pearl,
To meet your girl, to meet your soul,
As once I met Marleen, my sweet Lili Marleen.

Your girl, not Lili Marleen. She’s gone, a love lost to regret. In their German-accented affected English, the male chorus appeared to provide a mocking echo “Now is the time to meet your death.”

Needless to say it was imperative that while Radio Belgrade reached the English and American soldiers in North Africa and Italy, the Allies had to record an antidote. A first version by a Brit kept with the romantic original:

In the dark of evening, where you stand and wait,
Hangs a lantern gleaming by the barrack gate.
We’ll meet again by lantern shine
As we did once upon a time.
We two Lili Marlene, we two Lili Marlene.

Our shadows once stood facing, a tall one and a small.
They mingled in embracing, upon the lighted wall.
And passers by could see and tell
Who kissed my shadow there so well:
My girl Lili Marlene, my girl Lili Marlene.

But that didn’t address the problem of demoralization, Goebbels’ original concern shared by military commanders no matter which side: soldiers overtaken by depression.

Plus the Allies needed less a song about the girl back home than one about the German lass awaiting the Yankee conqueror. Who are we kidding? Lili Marlene’s German voice did not invoke thoughts of home so much as a foreign woman taunting, however innocent, from behind enemy lines. Eventually those lands would be overrun, her lover to die in their defense, Lili to await the last man standing. How many soldiers listened to Radio Belgrade and did not fantasize about cuckolding their adversary with his beloved Lili Marlene? The Allied troops needed a Lili of not-unfaithful character, but one available to them. It was no big leap for an American lyricist to transform Fritz’s Lili, faithfully waiting for him under the lamppost, to “Lili of the Lamplight,” the only type of German woman with whom American GIs would be able to get near, a prostitute.

Underneath the lantern by the barrack gate,
Darling I remember the way you used to wait.
Twas there that you whispered tenderly
That you loved me, you’d always be
My Lili of the lamplight, my own Lili Marlene.

You’ll always be mine? My love? No, my lover by the lamplight. In the new scheme, the mentions of love and tears become sublimated by kisses, caresses, whispers of tender nothings and feet waiting in the street. Sung to the Allied troops as they marched unto Berlin by a husky voiced vamp. That’s your Lili Marlene.

American Nazis get fewer recruits

Congratulations to Norway for booting the Israeli weapons program from Norwegian deep water testing facilities. Norway declared last week that German-manufactured submarines destined for Israel would not be permitted to use its submarine base on the southern coast, on account of the ongoing Israeli military aggressions against Palestine and Lebanon. No mention of restrictions against US weapons heading for American war zones.

Not only does Israel have a nuclear arsenal estimated to exceed 200 warheads, they have submarines to launch them from anywhere in the world. Israel is the single nuclear power in the Middle East, now the rogue preemptive warrior has a nuclear reach beyond the purported aspirations of terrorists, alleged.

So Norway has imposed a stumbling block on Israel’s international war plans, but the impediment is merely symbolic in the face of America’s unhindered state terror program. Where are the principled stands against aiding and abetting the US mechanized subjugation of its furthest flung imperial conquests?

Norway earns sizable profits from its weapons industry, and supplies its share of NATO troops in Afghanistan. Its small contingent of soldiers reflects no economic draft, but simply the natural statistical proportion of adventurous, mercenary males. When occupied by the Germans during WWII, over 10,000 Norwegians volunteered to fight for the Nazis. Many on the Russian Front reenlisted. Against that proportion, the few hundreds today willing to join the Americans make the over-worn Nazi comparison even less favorable.

Composer Jason Robert Brown wants to protect his unintellectual rights

Composer Jason Robert Brown wants to protect his unintellectual rights

As a musician and fan of stage musicals, I must proffer this disclaimer about American theater composer Jason Robert Brown: he’s terrible. Brown is a poster child for the music industry’s common mediocrity, of commerce’s habitual triumph over art. Now Brown has appointed himself defender of intellectual property rights, holding that teens should not use the internet to pirate his sheet music. Of course, I can only wish him foolproof success.

American musical theater saw a golden age in the 1940s, with notable glimmers of resurgence since then, in ever infrequent cycles. I don’t think anyone would argue that in-between was constant dreck –to which “show tunes” owe their stigma. Defenders of Andrew Lloyd Webber will find themselves similarly unrestrained enthusiasts for popular music, popular fiction and television. To each his own slop.

I have particular antipathy for contemporary composers of awfulness because they drive the inartistic music publishing industry where it does irreparable harm. School bands and theater departments are influenced to pay royalties for the performance pieces whose rights are most profitably leveraged, at the expense of older works of renown. Instead of seeding young repertoires with melodies and lyrics to enrich their memories, teachers pollute their students with forgettable claptrap, courtesy of bards like Brown.

I have the same prejudice with regard to literature. Why aren’t today’s students reading Stevenson or Poe instead of Blume or Rowling? Of course, composer JR Brown is more on par with author RL Stine, he’s that horrible. But don’t take my word for it, have a listen.

That said, here’s Jason Robert Brown championing not just the exclusive right to sell online what his publishers hawk through their network of scholastic pushers, but he wants the same markup. If ever a commodity could change hands for its true worth, Brown’s entire catalog should be ventilated for free through file sharing. Instead he’s personally joining various trading websites and then emailing each and every member who appears to be trading in his goods.

To paraphrase: Hello, I’m Jason Robert Brown, yes, The Jason Robert Brown, and I’d appreciate it if you stopped illegally sharing my music, since it deprives me of my rightful royalties.

Brown has posted some of the ensuing email exchanges on his blog, without any mention of offering remuneration for their contributions. Most laughable, but consistent with the weakness of his music work, Brown has engaged chiefly teens in his discussion of intellectual rights. He lists one discussion in which he compares his stolen sheet music to a loaned screwdriver, a Xerox’d book, and a copied CD.

Mr. Brown, might I direct you to the innumerable organizations which argue that intellectual property rights are not inalienable. They are restraints to trade, impediments to idea sharing, and diametric to elevating community wealth.

You have every right to contrive a product and sell it by whatever connivance, but your monopoly ends there. Whoever were your customers should have the right to do with their purchases what they will. What right have you to tax the use of your thought fart as it passes from ear to ear? Home Depot can’t charge multiple times for a screwdriver it’s already sold; to use your example.

Consider also that your melody was plucked from the ether of shared cultural experience. Should a rights police attach royalty liens on every whiff of inspiration you borrowed? Better to admit we are all channels of a community expression.

Mr. Brown, please be satisfied to exploit the business advantages you’ve built. Your Tony Award is indication enough of that accomplishment. Insisting that you deserve more only invites scrutiny of your ouevre. Your arguments may find refuge with fans of the “Twilight” caliber, but I am not about to underestimate the sophistication of your own musical taste. If you love Broadway, you know the incredible deficiency of the songs you are peddling. Describing your “music sensibility [which] fuses pop-rock stylings with theatrical lyrics” is faint self-praise enough.

Young stage enthusiasts. To you, JRB may appear a “genius” but what else would we expect of a generation raised on High School Musical. For superior fare, check out the pre maudlin days of Broadway, the shows which see regular revivals. If you want something further afield, look to lesser known works by those same composers. Even their obscure productions eclipse the best efforts of hacks today. Much of this material is freely available, but you’ll find that real showstoppers will have you showing no reluctance to part with your lunch money.

Jason Robert Brown, please stop your indecorous whine about the new leak in your traditional income monopoly. Leave your fans to trade them for their real worth.

BDS movement should target USA too, for complicity in Israeli Apartheid

BDS movement should target USA too, for complicity in Israeli Apartheid

Israeli travel brochure for white colonist Apartheid tourismAs the US continues to subsidize the Israeli occupation, including the recent commitment to fund an anti-missile system, plus failure to demand a halt to Jewish settlements, termed “impediments to peace” and not “illegal,” it’s time the BDS movement against Israel recognized the US for its integral part in upholding Apartheid. It may be too much for nascent BDS efforts in the US, but international organizers should certainly add American products, businesses and institutions to the list of BDS targets. As our politicians reaffirm that US-Israeli interests are indivisible, so should we expect to hang together.

As if the world didn’t have enough excuse to sanction the US, for Iraq, for Afghanistan, for Pakistan, for the IMF, World Bank and United Nations. For its warmongering and provocations, for its covert crimes meant to destabilize populist resurgence against its imperial grasp. Israel and Apartheid, should be just the start.

Israel is not a tough sell in the growing international BDS movement. Adding the US is no great stretch, the two already regarded as partners in crime, I can’t think that proponents of BDS in the United States would be averse to calling out our own nation as accomplice. The same principles of social justice drive solidarity for Palestine as those against war and imperialism.

Maybe an international shift to group the US with Isreal will find more support because it is more intellectually honest. The effort will still be attacked as anti-Semitic, but perhaps the argument can be deflected by the enlarged focus. Israeli Apartheid, American racism, drive the same globalist anti-everybody-else policy.

Forget Olympic Gold, US claims a ring

Forget Olympic Gold, US claims a ring

ringsThe Olympic rings represent continents don’t they? I can almost see the globe laid flat traversed by the five rings, even the colors seem culturally appropriate. B, Y, Bk, G, R are the US, South America, Europe, Africa and Asia. What is North America but the US with its oil reserves isolated in the state of Canada and its cheap non-citizen labor pool confined in the state of Mexico? Actually the Olympic organization conflates South America with North to accommodate a ring for Oceania. Australia can have a ring of clear wallpaper. The indigenous revolution of Latin America deserves a ring of African dimension. If any powers can stand merging it’s US and EU. The Winter Olympics could be represented by a single white ring.

By an odd coincidence E.U. are the European Union’s initials for les Etats Unis, the United States.

Rush is right. Make him pay for Haiti.

Reading 538’s excellent qualified defense of Pat Robertson‘s accusation that Haiti really had made a pact with the devil, I am prompted to weigh in behind Rush Limbaugh’s hypocritical rant that the American public has already paid enough for Haiti’s relief, “it’s called the US Income Tax.” Well it’s true. It is the role of government to see after the suffering among us. Of course you’d think conservatives like Limbaugh wouldn’t highlight that role while images of disaster haunt us, because they’re the ones behind depleting the aid coffers. Bush’s tax cuts for the rich alone could have relieved Haiti, Katrina and every Tsunami in between without costing tearful American TV viewers one extra dime of credit card debt.

The Haitian rebels made this prayer to their god in 1791. European slave owners might conclude an insurgent god would be their devil. This prayer was recited by rebellion priestess Boukman at the Bois Caiman (Bwa Kayiman). French speakers can read it in Creole.

The god who created the earth; who created the sun that gives us light. The god who holds up the ocean; who makes the thunder roar. Our God who has ears to hear. You who are hidden in the clouds; who watch us from where you are. You see all that the white has made us suffer. The white man’s god asks him to commit crimes. But the god within us wants to do good. Our god, who is so good, so just, He orders us to revenge our wrongs. It’s He who will direct our arms and bring us the victory. It’s He who will assist us. We all should throw away the image of the white men’s god who is so pitiless. Listen to the voice for liberty that speaks in all our hearts.

The Toussaint Louverture Project is an online documentation of our western hemisphere’s only successful slave uprising.

Just as the USA still refuses to let Cuba free its people from our tyranny after 40 years, so did the Western powers fight to keep Haiti from success, lest their free slaves inspire ours.

Simple American breakfast no longer

pancake syrop corn syrup hfcs maple KaroMy ideal breakfast is served at a diner: coffee, eggs, hash browns and toast. But can you feel healthy about it –as your conscience (n) –> vegan? You could pack in sugar in the raw, sea salt, and organic peppercorns in the requisite grinders; likewise from a cooler you could pull jars of rBGH-free half and half, real butter, and organic ketchup if you’re inclined. But what about what’s served on the plate?

A disclaimer: let’s define eating to mean the consumption of nutrition and avoidance of toxin. That precludes genetically modified organisms, irradiated produce, chemical pesticides, trans-fats, corn-syrup, HFCS, etc. The expression “natural” has been co-opted by Big Agra, but no longer can detractors say that “organic” doesn’t mean anything.

I’m omitting the optional meats: ham, bacon and sausage links for the obvious reasons; free-range, grass-fed, single-animal slaughtered efforts notwithstanding. Enough said.

Empty calories like juice are out as well, unless it’s freshly squeezed for your glass.

And let’s presume too, we’ll be asking the cook to stir some onions and peppers into the hash browns, for at least a little green.

Before we leave the subject of condiments, there a three non-perishable items it might be worth bringing with you to the diner. restaurant jelly single serving corn syrup hfcs For your toast: corn-less fruit preserves, unheated honey, and if you’re planning to add pancakes, grade-B maple syrup. The diner variety syrup, and any portion-size pre-packaged confection are apt to be entirely corn syrup and HFCS.

If the price of your breakfast starts at $3.80, it’s unlikely your local diner can afford the healthy food supplies you are able to ferret from your grocer. It’s become enough of a feat to stock them at home. Let’s see: eggs from vegetarian-fed cage-less chickens, organic potatoes, whole-grain bread. All these hyphens concatenate into a value meal priced more like a dinner entree. And there’s probably no chance a typical diner can spring for fair-trade organic coffee beans.

Economists point to America’s relatively level cost of living. Progressive analysts address the subsidies which keep commodity prices artificially low. Others decry the need for society to address the real costs which cripple our unhealthy system. From the consumer’s point of view, the cost of real nutrition has suffered a hyperinflation to put it beyond our reach, eating out or in.

NOTES:
1. Here’s that recipe for organic catsup:

3 cups canned organic tomato paste
¼ cup whey (liquid from plain yogurt)
1 Tbls sea salt
½ cup maple syrup
¼ tsp cayenne pepper
3 cloves peeled & mashed garlic
½ cup fish sauce fish sauce

Mix together in a wide-mouth glass jar, leave at least an inch below the top and leave it at room temperature for 2-3 days before putting into the refrigerator. Recipe makes a whole quart.

2. An optimum juice concoction:

1. Beetroot
2. Celery
3. Carrot
4. Apple
5. Ginger

3. Three lists:

Foods to buy organic:
Meat, Milk, Coffee, Peaches, Apples, Sweet Bell Peppers, Celery, Nectarines, Strawberries, Cherries, Kale, Leafy Greens, Grapes, Carrots, Potatoes, Tomatoes

Foods that don’t need to be organic:
Onions, Avocado, Sweet Corn, Pineapple, Mango, Asparagus, Sweet Peas, Kiwi Fruit, Cabbage, Eggplant, Papaya, Watermelon, Broccoli, Sweet Potatoes

GMO crops:
Soybeans, Corn starch, Canola oil, Sugar beet, Rice. Watch list:
Wheat, Potatoes.

Viva Palestina convoy to arrive in Rafah NPR fails to name it, or mention the Gaza Freedom March

Viva Palestina convoy to arrive in Rafah NPR fails to name it, or mention the Gaza Freedom March

viva palestina route el arishAfter endless impediment, not the least of which was a sudden Israeli naval exercise to block its path, the Viva Palestina aid convoy appears finally about to reach Gaza. Permission to enter has been granted, although last week Egypt reneged on the okay it had given to the 1,400 strong Gaza Freedom March. NPR had a reporter at the Rafah border crossing, but didn’t mention the aid convoy until 1/3 into the report, and then not by name, and never mentioned the New Year’s Eve march at all. As well, NPR referred to the besieged prison state as an “enclave” whose borders were forcibly closed, “understandably,” when Hamas “took over.”

Here’s the opening of this morning’s report. My favorite part? Two. First the interminable sportscast-lke intro, a beautiful day in Fenway Park, etc. Then, hesitation as the reporter explains that the border is opened to let Palestinians out, and um, sometimes back in.

Steve Inskeep: “This is a rare day in a Palestinian enclave known as the Gaza Strip. A border crossing opened today, which is rare because Gaza is surrounded by Israel and Egypt and both have kept the crossings closed for weeks at a time over the last couple years. Today people and supplies have been allowed to move and NPR’s Peter Kenyon is at the border crossing of Rafah on the Egyptian side, Hi Peter.”

Peter Kenyon: “Hi Steve, how are you?”

SI: “Okay thanks. What have you seen?”

PK: “Well it’s a beautiful sunny day here, a little bit windy but a bright blue sky, and I’m at the actual crossing point. The black iron gates are slowly swinging open and closed from time to time, letting Palestinians out into Egypt or uh, sometimes back in, people who need to get home. Now this is a very limited opening, not any kind of a max exodus.”

SI: “Is this an opportunity to move supplies in addition to people?”

PK: “It is. In fact there is an aid convoy that has endured quite a few setbacks that has now finally arrived in the port of El-Arish. That’s about twenty-five miles away and that is expected to come as early as today, possibly tonight, there’s some last minute logistical difficulties. It’s a British convoy led by the outspoken member of parliament George Galloway. And they have finally arrived and they do hope to get in.”

And that’s the extent of the coverage of the aid convoy that has been winding its way toward Gaza for the last month. No mention of “Viva Palestina” or organizations behind the effort, or even what their difficulties have been. The final “logistical difficulties” to which the reporter alludes concern Egypt’s sudden stipulation that aid consist only of medical supplies. Check with York to Gaza, the Reading Palestinian Solidarity Campaign, the Sitch, among others, for the final updates.

Meanwhile the BBC has pictures of conditions in Gaza.

While the Gaza Freedom March was kept contained in Cairo, Egypt was simultaneously stopping the Viva Palestina aid convoy from entering through Aqaba. Ultimately the convoy was forced to circle Israel and return to Syria, where it had to ferry its vehicles on the Ulusoy-6 from Lattakia to the Egyptian Port of El-Arish to reach the Rafah border crossing into Gaza.

Avatar: novel push for noble savage

Avatar: novel push for noble savage

Avatar movie poster based on the novel by SapphireI’d like to contrast the high-profile critical receptions being given two Hollywood films about darker-skinned-ness. Precious is about an African-American girl so dark she absorbs the light, without being about race at all. The movie tells a story of poverty, incest and the cycle of abuse, while tipping the scales with gratuitous stereotypes of Hottentot welfare mamas attendant their usual good-for-trouble black males. Vilifying the subjects it pretends to rescue, Precious has the blessing of the media, a shameless Oprah included. James Cameron’s Avatar on the other hand, opened to depth-charges of faint praise calculated to dim the buzz, perhaps because it packs the most subversive black-is-beautiful message since Muhammad Ali.

Avatar evokes rudimentary indigenous spirituality, peppered with what even elementary-schooled audiences can associate as Native American themes, from which we can infer the concepts are eternal, but idealizes an athletic aesthetic more human than the movie’s live-action characters. The “blue cat people,” as the critics have chosen to describe its Na’vi tribe, are but fantasy-striped, tailed Spartans, computer iterations of the Williams sisters and NBA dream teams. The real humans of Avatar tower in prowess, dignity and luminescence over their modern mensch oppressors.

Where racial equality on film is plotted according to how black figures are granted access to the world of white priviledge, Avatar celebrates the sovereignty of dark skin in its environment, where it’s not a barbershop, rapper’s crib, or street corner in Harlem. And instead of prepping the more palatable light-skinned negro for easier assimilation to the welcome-diversity crowd.

Precious: Based on the Novel “Push” by Sapphire, is an ugly project by and for gentrified American, whose title character is White-America’s usual avatar into their mysterious conception of Black America. I can do it no better justice than this review excerpt published Counterpunch:

A fiction whose “policy message is that welfare recipients are black women who wish to avoid work, who use their time having sex with their daughters, watching television and dining on pig leavings.” Is this a film – or a crime?

A crock and defamation that reinforces white man’s supremist burden.

Under Iran’s culturally repressive Islamic Revolution, the artists have produced a golden age of film. The greatest of these films have had to disguise their social message in analogies surrounding the concerns of children. Avatar takes perhaps a similar tack. Behind diversions of fantasy and special effects, is a profound morality tale. Critics can attack James Cameron for his simplistic storytelling, it’s the price to pay to bring the simplest of viewers along. Perhaps the director can release a final cut for cineastes which omits the redundant exposition. I don’t mind that Cameron uses a highlighter for the Cliftnote set. A survey of online comments shows me that some fans applaud themselves for getting Avatar’s message where they are certain their fellow audience members might not.

Most certainly the alarm most critics are raising has to do with the unpatriotic attitude which Avatar takes toward Capitalist imperialism. In GWOT America where we still “Support Our Troops” and still refrain from labeling our military contractors as mercenaries, this film will rub flag wavers the wrong way. I’d hate to be an active duty US soldier, watching Avatar in my uniform, as the audience roots for good to vanquish evil. It will probably be some time before Americans will want to see Iraqi or Afghan freedom fighters depicted as heroes. We’ve yet to see sympathetic accounts for example of the Vietcong holding down the Ho Chi Min Trail, or for that matter, the real Germans or Japanese beyond the Allied propaganda. But by disguising his story in science fiction, James Cameron has rehabilitated the Vandal and Visigoth, from the shadow of the Roman Empire. The shadow of man’s civilizing drive which grows darker the more it is illuminated.

And best of all, Cameron’s pagans are not whites like the typical Anglo Semites of the Christian holy lands. Cameron’s indigenous humans have the beautiful noses, skin and haunches indigenous to the climates which cradled humankind.