Iraq War embed Rob McClure, witness to war crimes he didn’t report, suffers phantom pain in gonads he never had.

Iraq War embed Rob McClure, witness to war crimes he didn’t report, suffers phantom pain in gonads he never had.


DENVER, COLORADO- Today Occupy Denver political prisoner Corey Donahue was given a nine month sentence for a 2011 protest stunt. Judge Nicole Rodarte’s unexpected harsh sentence came after the court read the victim statement of CBS4 cameraman Rob McClure, who said he still feels the trauma of the uninvited “cupping [of his] balls” while he was filming the 2011 protest encampment at the state capitol. Donahue admits that McClure was the target of a “nut-tap”, but insists it was feigned, as occupiers demonstrated their disrespect to the corporate news crews who were intent on demonizing the homeless participants even as Denver riot police charged the park. Though a 2012 jury convicted Donahue of misdemeanor unwanted sexual contact, witnesses maintain there was no physical contact.

Of course simply the implication of contact would have humiliated McClure in front of the battalion of police officers amused by the antic. That’s authentic sexual trauma, just as a high school virgin is violated when a braggart falsely claims to have of engaged them in sexual congress. Donahue was wrong, but how wrong? Can professionals who dish it out claim infirmity when the tables are turned?

Ultimately the joke was on Donahue, because his mark turned out to be far more vulnerable than his dirty job would have suggested. The CBS4 cameraman who Donahue picked on was a louse’s louse.

Off limits?
While some might assert there is no context which would excuse touching a stranger’s genital region, I’m not sure the rule of no hitting below the belt is a civility to which folks facing riot cops are in accord. Protesters can’t shoot cops, they can’t spit at cops, in fact protesters have to pull all their punches. Some would have you believe demonstrators should do no more than put daisies in police gun barrels, all the while speaking calmly with only pleasant things to say.

Let me assure you, simply to defy police orders is already a humiliation for police. What’s some pantomimed disrespect? Humiliating riot cops is the least unarmed demonstrators can do against batons and shields and pepper spray. Should the authorities’ private parts be off limits for a public’s expression of discontent? Jocks wear jock straps precisely because private parts aren’t off sides.

It’s tempting to imagine that all cops are human beings who can be turned from following orders to joining in protestations of injustice and inequity. This is of course nonsense. But it’s even more delusional to think corporate media cameras and reporters will ever take a sympathetic line to the travails of dissidents. Media crews exploit public discontent just as riot cops enjoy the overtime. Media crews gather easy stories of compelling interest from interviewees eager to have their complaints be understood.

Corey Donahue
On October 15, 2011, Rob McClure turned his camera off when the narrative wasn’t fitting the derogatory spin he wanted to put on the homeless feeding team which manned Occupy Denver’s kitchen, dubbed “The Thunderdome.” Donahue observed the cameraman’s deliberate black out of the savory versus the unsavory and reciprocated with the crowd pleasing nut-tap. In the midst of this circus, Colorado State Troopers, METRO SWAT, and city riot police charged the encampment and made two dozen arrests.

It was hours later, perhaps after reviewing police surveillance footage, that McClure conferred with police commanders and agreed to press charges for the nut-tap. Corey Donahue was one of the high visibility leaders of the crowd. He’d been involved in multiple arrests, but this time his bond would be higher and harder to post because instead of the usual anti-protest violations, Donahue would be charged with sex crime.

Ultimately Donahue sought political asylum in South America rather than face having to report for the rest of his life as a sex offender. The offense was only a misdemeanor and his trial was a miscarriage of justice. Attorney friends later convinced Donahue to return to the US because this crime was arguably not sex related and was likely to be overturned on appeal. Likewise, a sentence was unlikely to exceed time served as the “nut-tap” paled in comparison to the police brutality and excessive force which has since ensued. Neither Judge Rodarte or victim Rob McClure got the memo, and it wasn’t the first time McClure failed to frame public outcry in the context of brutal militarized repression.

It turns out McClure’s own self respect was probably way too fragile to have ventured to cast stones at the slovenly homeless occupiers.

Rob McClure
Cameraman Robert McClure had been an embedded reporter in Iraq in 2004. You might expect such a experience to have toughened him up, or expanded his empathy for critics of US authoritarian brutality, but that is to underestimate the culpability of the corporate media war drum beaters.

And McClure’s guilt ran deeper that that. According to his CBS4 bio, McClure was reporting from a major military detention center. It turns out McClure covered Abu Fucking Ghraib. In 2004 McClure’s assignment was to distort what happened there as rogue misconduct. No thanks to fuckers like McClure, the Abu Ghraib techniques were later confirmed to be standard protocol. The US torture and humiliation of prisoners was systemic.

McClure’s coverage for CBS4 specifically glorified Dr. Dave Hnida, otherwise a family physician from Littleton, but in the service of the military as a battlefield surgeon assigned to treat prisoners of war. While it sounds commendatory to attend to the health of our sworn adversaries, in practice that job involves most commonly reviving prisoners being subjected to interrogation. Hnida’s task was to keep subjects conscious for our extended depredations. Medical colleagues call those practitioners “torture docs”. They shouldn’t be celebrated. They should lose their medical licenses.

So that’s the Rob McClure who wrote Judge Rodarte to say that after all these years, having witnessed unthinkable horror and sadistic injustice, while still spinning stories to glorify American soldiers and killer cops and power-tripping jailers, the memory of Corey Donahue’s prank made his balls hurt.

Denver used protection orders to curb mobility of Occupy protesters in 2011

Denver used protection orders to curb mobility of Occupy protesters in 2011


DENVER, COLORADO- Activist Corey Donahue’s 11-11-2011 protest case is still outstanding. The recently surrendered fugitive is charged with inciting a riot in the first months of the Occupy Denver encampment, when supporters crowded a police cruiser and began to rock it in protest of Corey’s third arrest. Clouding this nostalgic look back at DPD’s mishandling of mass demonstrations are the quasi-legal steps the city took to constrain the protest.

It turns out Corey’s felony riot charges were used to convince a Denver court to grant protection orders to two state troopers who considered themselves personal victims of Occupy Denver’s assertive tactics. As a resut, Corey was prevented from leading demonstrations into areas when those officers were deployed, and he didn’t know which those officers were.

The measure was of dubious legality and so far remains shrouded in disinformation. Were two officers “seriously injured”, as news outlets reported, in the so-called riot of Nov 11? Except for their official statement, no evidence was ever provided by DPD. What were the injuries and who were the officers?

Can police invoke the protection of a blanket injunction to stop public demonstrations whenever they want? Can a police department enforce protection orders and pretend its subjects can remain anonymous? These are the questions which Denver police face as they push charges against one of their most outspoken antagonists.

Can law enforcement officers unknown to a defendant file for restraining orders against the public they serve and protect? Can police require that ordinary citizens maintain a prescribed distance from them in a public space?

Encamped on the grounds of the capitol, at the peak of an ongoing protest movement, Corey Donahue was in no position to push back with a legal challenge.

Denver has since used an even more abusive method, designating “area restrictions” to keep active protest leaders out of places like the state capitol, Civic Center Park, and 16th Street Mall. DPD cite the arrestees’ repeated arrests as justification. This probation stipulation may be applicable for criminal recidivists, in particular domestic violence abusers, but it is hardly constitutional when applied to free speech. Denver’s practice hasn’t been challenged yet, for want of sympathetic plaintiffs.

Giving police protection orders, to prevent specific demonstrators from assembling near police lines, would seem to fall in a similar category of judicial misconduct.

Radiolab episode on jury nullification is less bothered by state abuse of power than public desperation to fight back.

Radiolab episode on jury nullification is less bothered by state abuse of power than public desperation to fight back.

It should come as no surprise that public radio’s RADIOLAB would take government’s side against the growing grassroots effort to awaken citizens to the repressed potential of jury nullification. Any attention to the subject helps inform ordinary jurors of the power they have to stand up to the regular abuses of our judicial system. The benefit is tempered of course when liberal gatekeepers lean in with theatrics to fearmonger about anarchistic challenges to law and order and security. That’s exactly what Radiolab achieved though given plenty of material with which to have taken a more honest tack. Their program “Null and Void” aired May 12 and painted nullifiers as irrational extremists, giving a pass to the judges who purge juries and break the law by having nullifiers arrested.

I had high hopes when contacted by a producer for Radiolab in March. Our federal injunction protecting Denver jury nullification outreach efforts against an order by the Second Judicial District’s Chief Judge Michael Martinez was coming to trial in April. I imagined reporters would be sympathetic to our predicted success making our injunction permanent and the similar likeliness of our prevailing on contempt charges in a hearing which was to follow. I faciliated Radiolab’s access to Mark Iannicelli, who Denver arrested in violation of our injunction, and whose dismissed charges of felony tampering continue to be appealed by our legal adversaries. Thus far it’s a simple story of hoisting a chief justice on his own petard, using the justice system against itself, in defense of the people’s historical power as jurors.

Heicklen
But Radiolab had an alternate narrative in mind. Their story would center on a jury nullification champion who they could characterize as coming off the rails, the celebrated frequent arrestee Julian Heicklen. Septegenarian Heicklen became tired of judges warning him of arrest, despite his continued legal victories. By November 2016, Heicklen issued a manifesto of sorts, asking for armed backup to preempt a judge from making good on his renewed threat to arrest him. Heicklen posted this warning online and called it to everyone’s attention. Presumably it’s what drew Radiolab’s attention. Heicklen had put it out there, hoping to spark a John Brown-esque conflagration, I’d call it a bluff, meant to curtail the court’s continued abuse of power. It’s obvious from Heicklan’s hyperbole. I attach the significant excerpt in the notes below.

Radiolab didn’t reference this tract, nor mention their and the court’s foreknowledge of it. As they interviewed Heicklen, they asked him about his cause and even brought him to tears as he explained his distress about the injustice of the system, which continues to reinforce inequity and deny jurors their prerogative to step in its way. Then Radiolab prodded Heicklen to explain what he anticipated would happen when he showed up at the courthouse in defiance of the judge’s threat. On cue, Heicklen repeated his entreaty that supporters show up with guns to enforce his right to pass out fliers and avert the judge’s illegal threat to arrest him.

Many of us might share the elderly activist’s frustration with being habitually arrested then exhonerated, each time without apparent progress being made. Radiolab’s pretend reaction was to cue ominous silence, let the pin drop, cue indignant alarm, ostracize Heicklen, cue a spontaneous meting of Radiolab minds to elect to call the cops on Heicklen lest law enforcement personnel be shot.

Radiolab didn’t call the Chief Judge Frederick J. Lauten to question the irregularity of his repeating an illegal threat. How absolutely insane for a judge, already proven to be in the wrong, to keep asserting his authority to have a citizen falsely arrested?

When Heicklen showed up to the courthouse, with a friend, both without weapons of any kind, and without the backup support of “Tyranny Fighters” he’d hoped to mobilize, Heicklen was arrested for the more serious charges involving threats.

Radiolab may or may to have exacerbated Heicklen’s arrest. They certainly took credit for it, which is the least they could do for having exploited Heicklen as their straw man extremist.

Because Radiolab makes little effort to conceal their liberal bourgeois elitism. FIJA, the Fully Informed Jury Association was founded, according to Radiolab, in a Montana “bunghole”, which they qualify, they are entitled to call Helena, the capitol of Montana, because one of the show’s producers is from Montana.

Wolverine
You might ask, what’s Wolverine got to do with this? Anyone who’s read Ariel Dorfman knows better than to bring superheroes into political discourse. Radiolab didn’t know how better to distinguish between a citizen’s right, as proscribed by the Bill of Rights, and a power, something grown from common law. Whatever, they’re wrong. Juries are guaranteed by the sixth amendment, now commonly understood to be “a jury of your peers.”

Radiolab never uses that phrase, it’s too everyman. But they do riff ad nauseum on Wolverine, who’s a superhero with superpowers, namely CLAWS, which for Radiolab described this aberrant power that jury nullification advocates are promoting. The public as beast, and mutant power threatening elitists like a werewolf’s claws. Someone adds, as a further irrelevance, that Wolverine’s real superpower is regenerative, the power to heal but nevermind. They say that, and it’s the only trivia that actually does apply to jury nullification. Radiolab autistic savants.

They recorded Mark Iannicelli in front of the Denver courthouse, that was our single consolation!

It’s no surprise that Radiolab takes the government’s side against the public’s growing inclination to “burn it down.” Radiolab got great quotes from Mark, but chose to demonize other jury nullification pamphleteers who were so frustrated with being arrested that wanted to deter future arrests with guns.

By the show’s end, the white privileged NPR broadcasters feel more comfortable with the law in the hands of “unelected, white” judges over inexpert jurors described as “twelve random jerk-offs from the street.” They’re taking about your constitutionally protected jury of your peers.

Hopefully listeners will glean the great information offered by this piece and nullify Radiolabs’s privileged condescension.

NOTES:
1. Julian Heicklen’s post of November 24:

Hi Tyranny Fighters:

Orlando Courthouse: I plan to be at the Orange County Courthouse in Orlando, FL distributing Fully Informed Jury information from 10:30 am – 1:30 pm, unless arrested earlier, on Monday-Wednesday, December 5-8, 2016. All of you are invited (urged) to join me. Bring your guns. I have requested protection from the Florida Militia, the Department of Homeland Security, and the Governor of Florida. None of them responded to my requests. Copies of the letters to the Department of Homeland Security and the governor were sent to the Clerk of the Orange County Court and to you in my previous report.

I have not received replies from any of these people. However I have received a letter from Frederick J. Lauten, Chief Judge, Ninth Judicial Cicuit of Georgia. Here is his letter:

Dear Mr. Heicklen:

A copy of your letter to Rick Scott dated October 13, 2016, was given to me. In your letter, you stateit is your intent to “distribute flyers regarding the duties of jurors and witnesses at criminal trials” at the Orange County Courthouse during th first week of December.” This letter is a reminder that such conduct continues to be proscribed on courthouse grounds under Administrative Order 2011-03 which governs expressive conduct taward summoned jurors. Enclosed is a copy of Adminiustrative Order 2011-03 for your perusal.

As you know, this Administrative Order is constituional as the Fifth District Court of appeal had “no difficulry upholding Administrative Order No. 2011–03 as reasonable, viewpoint neutral regulation….” Schmidter & Heicklen v. State, 103 So. 3d 2663,270 (Fla. 5th DCA 2012)(a copy of which is enclosed). This Court, as well as the Orange Cpounty Sheriff, qill enforce the provisions of Admionistrative Order No. 2011-03 to ensure the fair and orderly conduct of jury trials and to prevent dissruptions or interference with that basic right.

Based on the Administrative Order’s continuing validity, you may wish to reconsider your intended course of action and find alternative means in which to disseminate your message. If you intend on distributing materials to jurors, you will be issued a trespass notice and if you then remain on courthouse grounds, you could be arrested for trespass.

Sincerely,

Frederick J. Lauten

Chief Judge

____________________________________

Unfortunately there seems to be a disagreement between the Florida court and the United States Federal Court. I was one of the appellants in the Florida case. The decision was based on lies and incorrect information introduced by the state attorneys. The judges should have know this, since I carefully pointed out the errors, but they did not care. They had made up their minds before hearing the case.

Previously I was arrested 5 times for distributing this literature at the the U. S. District Court in Manhattan, NY. I was arrested and charged with jury tampering. After 17 months of trial, Judge Kimba Wood declared that distributing this literature was not jury tampering because I did not discuss any case with a juror sitting on that trial. She dismissed my case. Her decision is at: http://constitution.org/jury/pj/10-cr-01154-KMW_order.pdf This decision was published in many journals. The NY Times publication is at: http://www.nytimes.com/2012/04/20/nyregion/indictment-against-julian-heicklen-jury-nullification-advocate-is-dismissed.html

Other publications can be found at: http://search.myway.com/search/GGmain.jhtml?p2=%5EC73%5Exdm007%5ETTAB02%5Eus&ptb=304CD70B-562C-491B-9E0F-EEEA96D81532&n=782b17fd&ind=&tpr=hpsb&trs=wtt&cn=us&ln=en&si=CJSjz-LK7s4CFdgQgQodEmkJvA&brwsid=343148da-648b-46c2-8171-a9e312ac5776&searchfor=Jury%20nullification%20case%20of%20Julian%20Heicklen&st=tab

I was invited to Harvard University Law School to give a lecture on my case. Also I have been informed that my case is being taught to all students at Yale Law School. Presumably it is being taught elsewhere as well.

Currently I distribute the same flyers at both state and federal courthouses around the country. None of them arrest me. Three of these courthouses are state courthouses. They are in Fort Lauderdale, Fl; Pittsburgh, PA (last week); and Newark, NJ. The federal courthouses this year have been in Fort Lauderdale, FL; Newark, NJ; Manhattan, NY; Palo Alto, CA; Pittsburgh, PA (last week) and San Jose, CA; The state courthouses do not approach me. The federal courthouse Homeland Security officers at federal courts all threatened to arrest me until I told them to check it with a judge. They did, and none of them made an arrest.

December 5, 2016 will be a critical day in the history of the United States. I will appear at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL and distribute “Nullification by Jury” flyers on the public sidewalk leading from the parking lot to the courthouse. I am asking all Tyranny fighters and anyone else to join me armed with loaded guns to shoot any courthouse employee or officer of the court (i.e. guards, Orlando police, State police, Sheriffs, or lawyers) that approach within 15 feet of me. One of 4 things can happen:

Neither the court personnel, the Tyranny Fighters, nor the press will appear. That will be the smoothest, but dullest, situation.

The Court officers only will appear and arrest me.

The Tyranny Fighters only will appear and protect me.

Both the Court officers and the Tyranny Fighters will appear. The gun battle for the return of a free country with a democratic republic will occur.

I am irrelevant. The future of the United States will be determined by the others or by you. Either we will continue the route to the gas chambers as described in the attached document, or we shall backtrack to a democratic republic. In either case I will have died by then.

The choice is yours—Julian

As homeless defendants face camping charges, Denver courts lie to jurors.

As homeless defendants face camping charges, Denver courts lie to jurors.


DENVER, COLORADO- Trial began yesterday for three homeless activists charged with violating Denver’s Unauthorized Camping Law. An ordinance enacted in 2012 partly as a coordinated response to Occupy Wall Street encampments across the country, partly to smooth the city’s gentrification plans. Though six years old, the ordinance has escaped judicial scrutiny by DPD’s careful avoidance of citing only homeless victims in no position to fight the charges in court. Deliberate civil disobedience attempts have been thwarted by the city bringing other charges in lieu of the “Urban Camping Ban” for which police threatened arrests. Thus Denver Homeless Out Loud’s coup of at last dragging this sham into the Lindsey Flanigan Courthouse has generated plenty of interest. I counted four print reporters and three municipal court judges in the audience! From a jury pool of forty, city prosecutors were able to reject the many who stated outright they could not condemn the homeless defendants for the mere act of trying to survive. At one point the jury selection process was stymied for an hour trying to fill one remaining alternate seat because each successive candidate would not “check their social values at the door.” One potential juror, a hairdresser, became alarmed that all the sympathetic candidates would be purged and so she refused to say how she felt about the homeless. She was removed and they were. As usual jurors were told it was not their place to decide against enforcing bad law. Only those who agreed were allowed to stay. And of course that’s a lie. The only way bad laws are struck down, besides an act of congress, a please reflect how that near impossibility has spawned its own idiom, is when good jurors search their conscience and stand up for defendants.

For those who might have wanted to get out of jury duty, it was an easy day. Show some humanity, provoke authentic laughter of agreement by declaring “Ain’t no way I’m convicting people for camping.” The jury pool heard that Denver’s definition of camping is “to dwell in place with ANY FORM OF SHELTER” which could be a tent, sleeping bag, blanket, even newspaper.

Several jury candidates stated they had relatives who were homeless. Another suggested it would be an injustice to press charges such as these.

“So this isn’t a case for you” the city lawyer asked.

“This isn’t a case for anyone” the prospective juror exclaimed, to a wave of enthusiam from the jury pool and audience.

Another prospect said she didn’t think this case should be prosecuted. The city attorney then asked, “so you couldn’t be fair?”

“I am being fair” she answered. All of these juror prospects were eliminated.

What remained of the jury pool were citizens who swear to uphold whatever law, however vile. One juror that remained even said she gives the benefit of the doubt to police officers. Not removed.

But there is hope because they couldn’t remove everyone. Of the six that remain, one juror agreed to follow the law, even if it was a law which he knew was wrong. That juror works in the legal cannabis industry. He admits he breaks federal law every day. That law is worng he says, but if he has to, he’ll abide by this one.

He admitted, “I can find them guilty. But I’ll have to live with that guilt for the rest of my life.” Ha. Technically the city had to live with that answer.

Another juror recognized that this case was about more than the three homeless defendants. “This case affects not just these three, but the countless homeless outside” gesturing to the whole of downtown Denver.

4/5 UPDATE:
In closing arguments the city lawyers reminded the jury that they swore to uphold the law. No they didn’t, but we’ll see what verdict emerges. After only a couple minutes from beginning deliberations, a juror emerged with this question: if the defendants are found guilty, can the juror pay their fine?

EPILOG:
Well the City of Denver breathes a sign of relief tonight. By which I mean, Denver’s injustice system, Denver’s cops, Denver’s gentrifiers and ordinary residents who are uncomfortable with sharing their streets with the city’s homeless. Today’s offenders were CONVICTED of violating the ordinance that criminalizes the poor for merely trying to shelter from the elements. Today the police and prosecutors and judge and jury acted as one to deliver a message to Denver homeless: no matter the hour, no matter how cold, pick up your things and move along.

This time it wasn’t a jury of yuppy realtors and business consultants that wiped their feet on homeless defendants. It was a cross section of a jury pool that yesterday looked promising.

Today when the jury entered with their verdict the courtroom audience was able to see which juror had been appointed the jury foreman. The revelation wasn’t comforting. Though not the typically dominating white male, this foreman was a female Air Force officer who had declared during voir dire that she had no greater loyalty than law and order. As the jury pool overflowed that first day with professions of sympathy for the homeless, it was the Air Force office, Juror Number Two, who grabbed the microphone to assert that rule of law must always prevail.

Yes, in the interest of optimism I had glossed over those lesser interesting juror statements, in hope that they were only playing to what prosecutors wanted to hear. Left on the jury was a domineering older woman who had said she gives police officers the benefit of the doubt.

An older man, an organist, whose father had been the CEO of a major Fortune 500 company, actually thought that homeless people should be arrested.

I’ll admit now that everyone’s hopes had been pinned on the pot guy who swore he’d have to live with his guilt forever. And so now it’s come to pass.

When those very small people of the jury go home tonight, and eventually read what they’ve done, upheld Denver’s odious, UN-condemned anti-homeless law, they’re going to figure out that they were made to administer the system’s final blow. And Denver couldn’t have done it without them.

The prosecutor had told the jury in her closing statement, that despite the tragic circumstances, everyone was doing their job, the police, the city attorneys, and the judge, and now the jury was expected to do its job. Except that was another lie. It wasn’t the jury’s “job”. They didn’t enlist and they weren’t paid to be executors of the city’s inhuman injustice machine. Whether by ignorance, poor education, or the courtroom team’s duplicity, this jury chose to do it.

But the ignorance runs deep. Judge Lombardi, in her closing remarks to the defendants, reiterated that all the elements had been proved and that justice was served. She praised the jury’s verdict and explained that the only way they could have found otherwise was through “jury nullification”. She said those words after the jury had been dismissed, but she said them on the record, two words that lawyers and defendants are forbidden to utter. In full Judge Lombardi added “and juries are not allowed to do jury nullification.” As if we all can be misled by that lie.

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

DIY legal strategies for defendants to give their lawyers a running start

If you’ve been arrested at a protest action you’ve got more legal options than paying the fine or taking a plea deal. Whether or not your act was constitutionally protected, or should be, or whether it was civil disobedience and was meant not to be, there are a couple good reasons to fight your charges in court. First, to draw further attention to your issue, and second, to give your prosecutors more incentive to offer a better plea deal. They might even drop your charges altogether.

Let’s assume you have the time to attend multiple court dates and that your low income means you qualify for a public defender.

Don’t have the time?
If you don’t have the time, make it. Every court appearance is a chance for a press release. Example: City Prosecutes Activists Instead of Indicting Killer Cops. Not only are you forfeiting the opportunity for more publicity, you are resigning yourself to a stiffer plea offer. Probation, or deferred judgement, or deferred prosecution for a probationary period, will take a larger chunk of your time from activism than a few court dates.

If you are eventually planing to hire a private lawyer, the same initial strategy applies. Your inconvenience is nothing compared to the wrench you’re throwing into the city’s injustice machine, by merely fighting your case.

Let’s assume also that you have bonded out of jail. Your first court appearance will be a BOND RETURN DATE. If you did not bond out and remain in custody, your first court appearance will usually be the morning after your booking and will be called an ARRAIGNMENT. Both are supervised by a magistrate before whom you will be expected to plead guilty or not guilty.

You are going to do neither.

That said, if you are still in custody, your first objective would be to hasten your release, hopefully on a PR bond. In such case, the following steps need not be uncompromising.

City Attorneys
If your event is a bond return date, you will first be called out of the courtroom by a city attorney to discuss a plea deal. Here’s where most people think they can candidly argue their case in hope that the prosecutors will decide to drop the charges. Those defendants are only giving the city more cards to deal against them. Your first move will be to DECLINE TO SPEAK TO CITY ATTORNEYS. You can ask what deal they are offering, but you say nothing about your case and admit to nothing. You are better off not even sitting down. Tell them from the hall that you have nothing to discuss, have them please bring your case before the magistrate.

The Magistrate
When the magistrate calls you up, tell him or her that you DO NOT CONSENT TO A MAGISTRATE adjudicating your case, you want the judge to which you are entitled. The magistrate will have to reschedule your court date before a judge, in the division to which your case was assigned. This might be one or two weeks later.

Bond Return Date, Round Two
Your second date, this time titled an “Arraignment” will be another chance for the city attorneys to pretend they have a right to interview you. Again you brush them off. When you’re finally called before the judge, he or she will ask you what you plead. Say that you CANNOT PLEAD BEFORE CONSULTING AN ATTORNEY. Asked if you have an attorney, say no, you require a public defender.

The judge will tell you a public defender will only be assigned after you’ve entered a not-guilty plea. Stand your ground, ask how are you supposed to make a legal decision without the advice of the public defender? The judge will decide to enter a not-guilty plea on your behalf, to which you will OBJECT.

A plea made over your objection will be a potential element of a future appeal. Likewise was the attempt by city attorneys to pretend they had authority to discuss your case without your having an attorney present. These will be two factors that will give you leverage in negotiating a better plea offer.

The judge will ask if you want a jury trial, to which you will answer YES. You’ll be assigned a pretrial conference date, or reset date, and a trial date. Your next task will be to apply for a public defender.

Representation
If you make too much money to qualify for a public defender, you might want to hire a lawyer, or find one who is sympathetic to your cause who can represent you Pro Bono. If you are smart enough on your feet, you can represent yourself PRO SE.

One possible advantage to proceeding Pro Se is that the city might eventually drop the charges, calculating that if you couldn’t find an attorney to defend your criminal case, you are unlikely to find one to bring a civil suit against the city for false arrest. They risk little to drop your case instead of spending an awkward day in court trouncing a DIY defendant in front of a sympathetic jury of his peers.

If your application for a public defender is accepted, they’ll also waive the $25 jury fee. If you can’t apply for the public defender within 30 days of your forced not-guilty plea, you should file the jury trial request yourself and pay for it.

No not under any circumstance elect a trial by judge. Denfense lawyers call that a “slow motion guilty plea.” You’ll soon learn that judges work for the same side as the prosecutors. So do the public defenders, but they can serve your purpose for the time being.

In a future article I’ll discuss what to do with public defenders.

Last Rhodesian Dylann Roof was racist and white supremacist AND mentally ill


When a white racist mass murderer is apprehended, it’s a Western law enforcement tradition not to treat the suspect as cops do suspects of color. Fortunately television audience are now rejecting this inequity, and predictably they call for blood, instead of suggesting that all pre-trial interaction with police be conducted with respect for the presumed innocent. Similarly, white shooters and bombers are not called terrorists or racists but rather loners struggling with mental illness. I think it’s hugely important to call out the racism and xenophobia which breeds antisocial renegades like Dylann Storm Roof, and NOT judge Roof differently than the rare but much abused non-white even un-domestic insurgent. But why dismiss the insanity defense, when it obviously plays a part in more crimes not fewer. Dylann Roof was on psych meds. That’s another nightmare altogether, by which I mean for the pharmaceutical industry, who I think have a perfect record for supplementing white mass shooters. American prisons are filled with mental illness and mental disability and mental shortcomings. The justice system needs to be reformed with respect for mental health challenges, not with calls to get tougher on those with lesser ability to cope in society.

Dylann Roof’s alleged manifesto shows he’s not the brightest bulb either.

I was not raised in a racist home or environment. Living in the South, almost every White person has a small amount of racial awareness, simply because of the numbers of negroes in this part of the country. But it is a superficial awareness. Growing up, in school, the White and black kids would make racial jokes toward each other, but all they were were jokes. Me and White friends would sometimes would watch things that would make us think that “blacks were the real racists” and other elementary thoughts like this, but there was no real understanding behind it.

The event that truly awakened me was the Trayvon Martin case. I kept hearing and seeing his name, and eventually I decided to look him up. I read the Wikipedia article and right away I was unable to understand what the big deal was. It was obvious that Zimmerman was in the right. But more importantly this prompted me to type in the words “black on White crime” into Google, and I have never been the same since that day. The first website I came to was the Council of Conservative Citizens. There were pages upon pages of these brutal black on White murders. I was in disbelief. At this moment I realized that something was very wrong. How could the news be blowing up the Trayvon Martin case while hundreds of these black on White murders got ignored?

From this point I researched deeper and found out what was happening in Europe. I saw that the same things were happening in England and France, and in all the other Western European countries. Again I found myself in disbelief. As an American we are taught to accept living in the melting pot, and black and other minorities have just as much right to be here as we do, since we are all immigrants. But Europe is the homeland of White people, and in many ways the situation is even worse there. From here I found out about the Jewish problem and other issues facing our race, and I can say today that I am completely racially aware.

Blacks

I think it is is fitting to start off with the group I have the most real life experience with, and the group that is the biggest problem for Americans.
Niggers are stupid and violent. At the same time they have the capacity to be very slick. Black people view everything through a racial lens. Thats what racial awareness is, its viewing everything that happens through a racial lens. They are always thinking about the fact that they are black. This is part of the reason they get offended so easily, and think that some thing are intended to be racist towards them, even when a White person wouldn’t be thinking about race. The other reason is the Jewish agitation of the black race.

Black people are racially aware almost from birth, but White people on average don’t think about race in their daily lives. And this is our problem. We need to and have to.

Say you were to witness a dog being beat by a man. You are almost surely going to feel very sorry for that dog. But then say you were to witness a dog biting a man. You will most likely not feel the same pity you felt for the dog for the man. Why? Because dogs are lower than men.

This same analogy applies to black and White relations. Even today, blacks are subconsciously viewed by White people are lower beings. They are held to a lower standard in general. This is why they are able to get away with things like obnoxious behavior in public. Because it is expected of them.

Modern history classes instill a subconscious White superiority complex in Whites and an inferiority complex in blacks. This White superiority complex that comes from learning of how we dominated other peoples is also part of the problem I have just mentioned. But of course I don’t deny that we are in fact superior.

I wish with a passion that niggers were treated terribly throughout history by Whites, that every White person had an ancestor who owned slaves, that segregation was an evil an oppressive institution, and so on. Because if it was all it true, it would make it so much easier for me to accept our current situation. But it isn’t true. None of it is. We are told to accept what is happening to us because of ancestors wrong doing, but it is all based on historical lies, exaggerations and myths. I have tried endlessly to think of reasons we deserve this, and I have only came back more irritated because there are no reasons.

Only a fourth to a third of people in the South owned even one slave. Yet every White person is treated as if they had a slave owning ancestor. This applies to in the states where slavery never existed, as well as people whose families immigrated after slavery was abolished. I have read hundreds of slaves narratives from my state. And almost all of them were positive. One sticks out in my mind where an old ex-slave recounted how the day his mistress died was one of the saddest days of his life. And in many of these narratives the slaves told of how their masters didn’t even allowing whipping on his plantation.

Segregation was not a bad thing. It was a defensive measure. Segregation did not exist to hold back negroes. It existed to protect us from them. And I mean that in multiple ways. Not only did it protect us from having to interact with them, and from being physically harmed by them, but it protected us from being brought down to their level. Integration has done nothing but bring Whites down to level of brute animals. The best example of this is obviously our school system.

Now White parents are forced to move to the suburbs to send their children to “good schools”. But what constitutes a “good school”? The fact is that how good a school is considered directly corresponds to how White it is. I hate with a passion the whole idea of the suburbs. To me it represents nothing but scared White people running. Running because they are too weak, scared, and brainwashed to fight. Why should we have to flee the cities we created for the security of the suburbs? Why are the suburbs secure in the first place? Because they are White. The pathetic part is that these White people don’t even admit to themselves why they are moving. They tell themselves it is for better schools or simply to live in a nicer neighborhood. But it is honestly just a way to escape niggers and other minorities.

But what about the White people that are left behind? What about the White children who, because of school zoning laws, are forced to go to a school that is 90 percent black? Do we really think that that White kid will be able to go one day without being picked on for being White, or called a “white boy”? And who is fighting for him? Who is fighting for these White people forced by economic circumstances to live among negroes? No one, but someone has to.

Here I would also like to touch on the idea of a Northwest Front. I think this idea is beyond stupid. Why should I for example, give up the beauty and history of my state to go to the Northwest? To me the whole idea just parallels the concept of White people running to the suburbs. The whole idea is pathetic and just another way to run from the problem without facing it.

Some people feel as though the South is beyond saving, that we have too many blacks here. To this I say look at history. The South had a higher ratio of blacks when we were holding them as slaves. Look at South Africa, and how such a small minority held the black in apartheid for years and years. Speaking of South Africa, if anyone thinks that think will eventually just change for the better, consider how in South Africa they have affirmative action for the black population that makes up 80 percent of the population.

It is far from being too late for America or Europe. I believe that even if we made up only 30 percent of the population we could take it back completely. But by no means should we wait any longer to take drastic action.

Anyone who thinks that White and black people look as different as we do on the outside, but are somehow magically the same on the inside, is delusional. How could our faces, skin, hair, and body structure all be different, but our brains be exactly the same? This is the nonsense we are led to believe.

Negroes have lower IQs, lower impulse control, and higher testosterone levels in generals. These three things alone are a recipe for violent behavior. If a scientist publishes a paper on the differences between the races in Western Europe or Americans, he can expect to lose his job. There are personality traits within human families, and within different breeds of cats or dogs, so why not within the races?

A horse and a donkey can breed and make a mule, but they are still two completely different animals. Just because we can breed with the other races doesn’t make us the same.

In a modern history class it is always emphasized that, when talking about “bad” things Whites have done in history, they were White. But when we learn about the numerous, almost countless wonderful things Whites have done, it is never pointed out that these people were White. Yet when we learn about anything important done by a black person in history, it is always pointed out repeatedly that they were black. For example when we learn about how George Washington carver was the first nigger smart enough to open a peanut.

On another subject I want to say this. Many White people feel as though they don’t have a unique culture. The reason for this is that White culture is world culture. I don’t mean that our culture is made up of other cultures, I mean that our culture has been adopted by everyone in the world. This makes us feel as though our culture isn’t special or unique. Say for example that every business man in the world wore a kimono, that every skyscraper was in the shape of a pagoda, that every door was a sliding one, and that everyone ate every meal with chopsticks. This would probably make a Japanese man feel as though he had no unique traditional culture.

I have noticed a great disdain for race mixing White women within the White nationalists community, bordering on insanity it. These women are victims, and they can be saved. Stop.

Jews

Unlike many White nationalists, I am of the opinion that the majority of American and European jews are White. In my opinion the issues with jews is not their blood, but their identity. I think that if we could somehow destroy the jewish identity, then they wouldn’t cause much of a problem. The problem is that Jews look White, and in many cases are White, yet they see themselves as minorities. Just like niggers, most jews are always thinking about the fact that they are jewish. The other issue is that they network. If we could somehow turn every jew blue for 24 hours, I think there would be a mass awakening, because people would be able to see plainly what is going on.

I don’t pretend to understand why jews do what they do. They are enigma.

Hispanics

Hispanics are obviously a huge problem for Americans. But there are good hispanics and bad hispanics. I remember while watching hispanic television stations, the shows and even the commercials were more White than our own. They have respect for White beauty, and a good portion of hispanics are White. It is a well known fact that White hispanics make up the elite of most hispanics countries. There is good White blood worth saving in Uruguay, Argentina, Chile and even Brazil.

But they are still our enemies.

East Asians

I have great respect for the East Asian races. Even if we were to go extinct they could carry something on. They are by nature very racist and could be great allies of the White race. I am not opposed at all to allies with the Northeast Asian races.

Patriotism

I hate the sight of the American flag. Modern American patriotism is an absolute joke. People pretending like they have something to be proud while White people are being murdered daily in the streets. Many veterans believe we owe them something for “protecting our way of life” or “protecting our freedom”. But I’m not sure what way of life they are talking about. How about we protect the White race and stop fighting for the jews. I will say this though, I myself would have rather lived in 1940’s American than Nazi Germany, and no this is not ignorance speaking, it is just my opinion. So I don’t blame the veterans of any wars up until after Vietnam, because at least they had an American to be proud of and fight for.

An Explanation

To take a saying from a film, “I see all this stuff going on, and I don’t see anyone doing anything about it. And it pisses me off.” To take a saying from my favorite film, “Even if my life is worth less than a speck of dirt, I want to use it for the good of society.”

I have no choice. I am not in the position to, alone, go into the ghetto and fight. I chose Charleston because it is most historic city in my state, and at one time had the highest ratio of blacks to Whites in the country. We have no skinheads, no real KKK, no one doing anything but talking on the internet. Well someone has to have the bravery to take it to the real world, and I guess that has to be me.

Unfortunately at the time of writing I am in a great hurry and some of my best thoughts, actually many of them have been to be left out and lost forever. But I believe enough great White minds are out there already.

Please forgive any typos, I didn’t have time to check it.

The frequently cited St Paul Principles had their time and place: ST PAUL


In my circle they’re called “Saint Paul’s Principles” because my colleagues think the edicts are Catholic I guess. The St Paul Principles came from St Paul Minnesota, circa 2008, and were formally adopted by the varied groups organizing to disrupt the Republican National Convention of 2008. They’ve lived on as guiding principles for activists of all ilk. In 2011 many Occupy encampments ratified the StPP as their own code of conduct, indifferent to whether they were applicable or even beneficial. Let’s examine the well intended dogma. Do they apply universally? Are they constructive? And how did they work out for St Paul? The last one is easy. As you may remember, disruption of the 2008 RNC failed spectacularly.

The St. Paul Principles

1. Our solidarity will be based on respect for a diversity of tactics and the plans of other groups.

2. The actions and tactics used will be organized to maintain a separation of time or space.

3. Any debates or criticisms will stay internal to the movement, avoiding any public or media denunciations of fellow activists and events.

4. We oppose any state repression of dissent, including surveillance, infiltration, disruption and violence. We agree not to assist law enforcement actions against activists and others.

It’s hard to argue against this elegant expression of solidarity. With the SPPs, the protest organizers aimed at preempting COINTELPRO style disruption from generating conflict within the movement. The implicit condemnation of violence was of state sponsored violence, not authentic barricade defense. And no snitching. The SPPs addressed the problems which were already scuttling Denver’s 2008 DNC protests. In Denver, “Recreate ’68” planners let the press infer they meant to revive the Chicago riots of 1968, prompting almost every traditional social justice group to circulate a contract which everyone was expected to sign. It was a vow of nonviolence. Organizations who refused to sign were ostracized and could expect the violent police clobbering they invited.

Essentially the SPPs aimed to unite the nonviolent and non-nonviolent activists, to ensure neither denounced the other, and that physically neither wound up caught in each other’s fights or sit-ins. Probably the chief concession was being asked of the nonviolent crowd: Please, as long as we promise not to shroud your family atmosphere and your baby strollers in tear gas, please let the Black Blocs do their thing without your repudiation. Please. We share the same goals.

Can you begin to see where such a strategy might fail to lead?

But the St Paul organizers did share the same goals. Their aim was to disrupt the RNC via a strategy they called “3S” actions. SWARM, SEIZE. STAY. It’s easy to see why three years later Occupy Wall Street was attracted to these directives. “3S” defines Occupy and another three years on, OWS activist followed the 2014 Climate March with an action called “Flood Wall Street” the instructions for which rephrased 3S aquatically.

The “movement” to which the SPPs refer shared a goal, to disrupt the RNC, by means of swarming, seizing, and staying, by whatever tactic each member group wanted. They shared a further agreement, that the city of St Paul was to be partitioned in sectors allowing groups to conduct their actions in isolation, united in time, but separated geographically so that red zone, yellow zone and green zone participants needn’t mix and find themselves out of their respective confort zones.

The groups organizing against the 2008 RNC shared one more thing in common, bound as they were to the St Paul Principles, they were all signatories to the principles.

Do the St Paul Principles apply universally?
It’s easy to see that the 2011 OWS occupations in major cities across the country shared a similar goal. It was, if perhaps more vague than to prevent a party convention, to disrupt the wheels of commerce by means of encampments; the “3S” tactic now reduced to a single verb “Occupy”. Allies such as unions and antiwar organizations, while sympathetic, cannot be said to have shared the same determinaton to disrupt. Even MoveOn with their “99% Spring”, FireDogLake with their merchandizing, and Adbusters had to relent with the revolutionary rhetoric. Eventually OWS spinoffs like Occupy Sandy Relief began to serve functions diametrically opposed to disruption. Did they expand the “movement”? Of course. But did the more inclusive “movement” outgrown the capacity for St Paul Principles to maintain its unity? Are activists bent on disruption expected to respect and support activists determined to prevent disruption?

I know it’s lovely to imagine every social justice effort as anti-authoritarian, and whether nonviolent or indulgent, each comprises a unique wing of a broad anti-government movement. If you are prepared to pretend that everyone’s aims are progressive, we share similar enough goals and we are reformists. But if some aims are revolutionary, explicitely anti-Capitalist for example like Occupy Wall Street, then reformists are counterrevolutionary. If you think reformists aren’t Capitalism’s first line of defense, even as they consider themselves activists, then you don’t know your adversaries from your allies. To imagine that activists shouldn’t address such chasms of understanding in favor of upholding popular delusion is going to get a movement nowhere.

At last year’s Climate March in NYC, the prevailing sentiment was against Capitalism. The organizers didn’t want to mouth it, but a vast number of marchers began to grasp instinctively that Capitalism has no solution for Climate Change. The anti-Capitalist movement can become “the movement” but reformists will have to understand they are obstructionists before they as individuals can be said to share the common goal.

The St Paul RNC Welcoming Committee aimed to disrupt the Republican National Convention for a WEEK. Can activist groups as they grow and transform over years and compete for membership and community resources expect that they shouldn’t be critical of one another’s missteps or aggressions even as their goals diverge?

How scalable are the St Paul Principles? Do they apply to no matter who considers themselves part of a greater “movement”. Do they apply to signatories and non-signatories alike?

Are the St Paul Principles constructive?
I would argue: Hardly. While it seems safer to segregate the Black Bloc from the civil disobedients from the family picnic crowd, you’re not going to reach critical mass with each on its own. With public dischord still in its infancy and while we have nowhere near the numbers to defend against or deter violent repression, perhaps it is only reasonable to program our street protests according to color zones, as if marches were amusement rides for protest tourism.

If you’re satisfied to lead combatants to jail and probation for mere symbolic shows of defiance, and you’re prepared to let nonviolent activists subject themselves to brutality which even when filmed will not awaken the conscience of the sociopathic oligarchs, and you’re resigned to let the masses burn themselves out with boredom given nothing to challenge their apathy, then the St Paul Principles are for you.

Ebola kills 4,000 in Africa but US has temerity to call its first “Patient Zero”

RIP Thomas Eric Duncan. Thankfully there is now some sympathetic coverage of the Ebola victim who traveled to the US from Liberia. It turns out Duncan wasn’t by definition a selfish refugee who lied to immigration officers. He can hardly be tagged “patient zero” unless an outbreak can be traced to him. We have no idea whether Duncan is the only infected traveler to exit West Africa undetected.

Walmart: Strike you goddamn morons!

Finally, finally Walmart slave-wage workers are marching, on their off hours, picketing their stores. Finally. It’s tempting to get out there and hold signs in support, but where were they when we were protesting Walmart ourselves? The pathetic Walmart “associates” couldn’t be convinced we weren’t jeopardizing the source of their livelihoods. Except their jobs aren’t livelihoods. Even as Walmarts in more and more cities face a growing uprising, I’m not convinced that our local workforce can wise up beyond agitating to medicate their lives with pot or jumping at the chance to scab each other’s part-time hours.

DPD used riot gear in dead of night to arrest camp singing national anthem


DENVER- When Occupy Denver threatens to make a difference is when authorities have to shut it down. The sweep tonight is a good sign.
I’m not worried about Occupy Denver. I have a tent booked for this weekend, the police attack tonight will just raise occupancy rate is all. Now I’ll have to move up my check-in date to be assured a space. Colorado Police have already lost this engagement. The mere threat of arrest tonight only enlarged the protest, it didn’t frighten it off. Middle of the night arrests and tent-clearing are of little consequence. At height of the crowd strength, the police backed down. Tents will go up everywhere tomorrow. There’s not enough riot gear in the US to occupy the multitude of protest occupations. Denver state capitol here we come!

Gov Hickenlooper’s use of State Troopers to clear the capitol lawn in the middle of night probably preempted actions by other Occupy camps to draw police resources away. Next time how can they distract the popo legally? Follow Occupy Denver’s lead. Apparently peaceful, nonviolent free speech is enough to bring clampdown.

GA earlier in evening reaffirmed that movement is not about having messages heard, to be ignored per usual, but SHUTTING DOWN THE SYSTEM. It’s is not about speaking truth to power. Power already knows the truth. What it doesn’t know is extent of peoples’ determination. Denver GA wasn’t won over by voices content to keep occupation as daily sidewalk protests, lasting into winter, to usual no effect. You want protracted Wall Street protest? Antiwar vigils have been ongoing for 10 years…

Tents ARE key issue for all Occupy protests. What is your right to peaceably assemble if you can’t protect yourself from cold? Does 1st Amendment only apply in summer, during the day, and when authorities aren’t too bothered by your dissent? Thinking this movement is about getting your issues heard is to pretend #OccupyWallStreet means “Voice Off to Wall Street.” Nope. Tents are needed in Denver, Wall Street and everywhere because this movement needs to stop the system, not hector it until we lose energy & body temp.

The Denver Post doesn’t have a live camera from their building which overlooks the capitol and Occupy camp. They’re not press, they’re criminals. What they have is nominal, the view above actually, but a low rez surveillance webcam is poor excuse for a media outlet.

Those who think Occupy Denver should have decamped and gone home, are not thinking of the homeless -the fullest victims of Wall Street. Hopefully Occupy members who were praising the Denver Police so warmly in earlier GAs will stick around on sidelines at least to get lesson in police state. Of course all the members who chose to flee DPD intimidation will be welcomed back tomorrow. But voicing their next 2-cents worth? Not so much.

Police are people too, but they have a job to do. By coincidence it’s to stop you from stopping Wall Street. Yep it’s a dilemma. It’s probably no surprise that pro-fracking, pro-coal, pro-war, anti-immigrant, anti-union gov of Colorado would be against Occupy Denver. Issuing a warning of arrests to be made between 11-5am is extortion, threatening unlawful arrest is police state terrorism. Do we accept police raids tonight on Denver and Seattle camps? Protest is civil right, shelter is human right. Police state is fascist wrong.

Something to thing about: Whole crowds can be subdued by one tyrant with a gun, if they remain nonviolent. Numerical superiority counts where people have courage to act. When people say there’s strength in numbers, it’s not if you’re queued obediently to have your eye put out, or shot, or for rigged elections.

Colo. State Troopers are wearing riot gear to face Denver protesters, because post-curfew peaceful campers equals RIOT in Fascist police state.

Iraq & Afghanistan should have thought to require US to withdraw occupation every night. Military bases must violate some vagrancy law.

Cops sympathetic to 99% could have shown their mettle if they’d occupy their sick leave, occupy off-duty, occupy right to refuse unlawful orders. Otherwise state troopers are dumbasses and do not represent Colorado or 99%. I know by regulation cop IQ has max limit, didn’t know cowardice was also requisite.

Occupy Denver was won Oct 14 at 11:01PM, regardless what happens now. Threat of arrest enlarged crowd, didn’t shrink it. The movement’s momentum is proved.

Mid-night raid won’t matter. Cops wouldn’t face crowd at its largest, the Occupy protests have been emboldened past critical mass.

The 40 minute warning given to the protesters is actually the police giving themselves 40 minutes to shit their pants. The OWS juggernaut is on the move and the popo have chosen to side against 99%. Denver officers, you’re marching against the 99%. Occupy Denver will forgive you and blame your bosses. But you’ve probably heard of Anonymous’ motto.

Riot gear worn by Colorado police concedes conceit that Occupy Denver issue is illegal camping. OWS protest camp is free speech and assembly.

Find the Michele Bachmann inside you

So Michele Bachmann was a tax collector. Sarah Palin was an oil industry stooge. The media didn’t conjure these villainesses from whole or rare cloth. Most politicians are corporate functionaries before they bill the public to do it. If they haven’t dedicated their lives expressly to destroying the environment, the social fabric, your job and everyone’s quality of life, they’ve always understood your loss was somebody’s gain, and theirs. Know anyone like that around you? Practically everyone! That’s whose throats you need to wrap your fingers around. Shake the blinders off their eyes with good old-fashioned throttling. Shout them down. Shut them up. Shame and scorn them, the heartless, uninformed, apathetic pricks. Activism begins at the grassroots, pull those weeds from the roots.
The media sets up Bachmann and Palin as characters you love to hate, there for you to pillory in effigy. You can flame them with your wit, call for their heads, but ultimately their pulpits lay beyond your reach, from where they safely goad you at the media’s whim. Wake up. Bachmann and Palin are the effigies. Burning them accomplishes nothing. They’re the poster children rotten apples among the joe public rotten apples which fill the American barrel. Look around you. See all the clueless, amoral, self-serving opportunists? Time to drop the agree-to-disagree, polite society pretense. Take the gloves off and have at ’em.

Help this Settler-Zombie video go viral before totalitarian zombiehood spreads

Israeli West Bank Settler lunges at Palestinian youthOMGoodness, finally a settler video to go viral. There’s no bashing of Palestinian heads, no brandishing of guns, no drunken West Bank Settler mob on the rampage, nothing Youtube can censor, it’s pure comic theater! Here is a proverbial fat bully lurching as best he can, goading, coaxing, even screaming primordially, itching to pummel the young Palestinian cameraman who stays nimbly out of reach.

The scenario is spelled out in the Youtube comments, the cameraman is trying to document his friends’ efforts to tend their West Bank land, while Israeli Settlers repeatedly force police confrontations which result in the area being declared “militarized” and thence, theirs. While the cameraman observes, an angry settler who is already trying to allocate the land for his vineyard decides to run him off with brute force.

The ZOMBIE characterization describes Deutch’s particular Lurch-like lack of agility, but the relentless advance is a disturbing body language of Israeli Settler aggression. The hopped-up settlers move upon Palestinians with the confidence that their victims are unarmed and dare not strike back, that the Palestinian can presume that their attackers might have guns, and that sympathetic policemen have the the Israelis’ back. So yes, when it’s an able-bodied young settler advancing at a clip, clapping his fist, looking to draw blood, the effect is less comic.

Obviously, most settler videos are violence porn. Not this one — if you ignore what would have happened had Moshe Deutch got his mitts on him. That footage of course would not have survived.


Be sure to watch the follow-up, where a younger settler arrives at a gallup to reinforce Moshe Deutch’s stalled advance. The cameraman is forced to run, then looks on as the settlers slash all four tires of his car. It’s the high price he pays, but he’s got the West Bank’s Funniest Home Video.

West Bank Settlers intimidating unarmed Palestinian farmers

Royal Wedding: time to tie the knot!

Prince William weds stuck-up 'commoner' Kate MiddletonI LOVE IT! What role should monarchs play in an aspiring-to-egalitarian age? While public demonstrations across North Africa and the Middle East herald an Arab Spring, similar masses in Britain protest bank imposed austerity cuts, each met with repressive force fully sanctioned by their clueless rulers. Democracy is in the air, courtesy of not elections nor representative legislation, but anarchic uprisings. 2011 should commemorate the people’s now clear potential for self-determination, not a celebration of family privilege. It’s time the anti-democratic, unsympathetic, habitually ignoble “royals,” even if mere figureheads, buggered off.

Poetry of Barack Obama invokes MLK but pays true homage to Rod McKuen

Jesus what a bore! Remember when SNL lampooned Sarah Palin’s first prime time TV interview by reenacting it verbatim? They could do that with Obama’ humorless addresses, I think it would make great theater, but the joke’s already abysmally old. Maybe we need a drinking game where everyone paying close attention could drink the moment President Obama mouthed a phrase that wasn’t a cliche or platitude. Alright, not a drinking game.

At least George Bush punctuated his utterances with inanities, funny ones. We appreciate Sarah Palin for the same preposterous gaffs. Obama’s meaningless drone is similarly inane really, divorced from meaning but colorless.

I had to revisit Obama’s Mubarak-steps-down speech to see if there was anything there. His usual podium bedside manner now hits me like chloroform. I’m not sure if Obama’s tennis ball red-state blue-state head swings aren’t calculated to hypnotize, or if the vacuity of his bombast is the prescribed anesthetic.

At first I was going to reprint the speech with the cliches highlighted. I opted to simply reformat it like a poem, putting the carriage return after each cliched platitude. I’ve parenthesized phrases which in Star Trek or ER scripts are called tech-speak, expository details whose particularities are actually irrelevant.

I’ve neither added, nor subtracted from this official transcript. I can hardly believe it myself.

There are very few moments in our lives where we have the privilege to witness history taking place.

The people of Egypt have spoken.

Their voices have been heard.

And Egypt will never be the same.

(By stepping down, President Mubarak)

responded to the Egyptian people’s hunger for change.

but this is not the end of Egypt’s transition. It’s a beginning.

I’m sure there will be difficult days ahead and

many questions remain unanswered.

But I am confident that the people of Egypt can find the answers,

and do so peacefully, constructively, and in the spirit of unity

(that has defined these last few weeks, for Egyptians have made it clear that)

nothing less than genuine democracy will carry the day.

Well, that’s just the opening paragraph. Obama follows it with more expository blah blah blah. He begins by crediting the nonviolence to Egypt’s military, instead of the incredible restraint of the student protesters.

The military has served patriotically and responsibly as a caretaker to the state and will now have to ensure a transition that is credible in the eyes of the Egyptian people.

You’ll note Obama is advising the military on appearances — very likely his definition of “meaningful.” He continues by listing the demands of the Tahrir Square demonstrators, without crediting them, as if this list was his own.

That means protecting the rights of Egypt’s citizens, lifting the emergency law, revising the constitution and other laws to make this change irreversible, and laying out a clear path to elections that are fair and free.

And then it’s a return to platitudes, encapsulating the admonition that Egyptian forums must give access to secular, “pro-democracy,” pro-Zionist pro-globalist concerns.

Above all this transition must bring all of Egypt’s voices to the table for the spirit of peaceful protest and perseverance that the Egyptian people have shown can serve as a powerful wind at the back of this change.

While he has you almost gagging Obama counterattacks with something to blow your drink through your nose. Obama promises to be the kind of friend to the newly free Egyptians that only the day before was supporting their oppressor Mubarak, and promising there’s more help where that came from.

The United States will continue to be a friend and partner to Egypt. We stand ready to provide whatever assistance is necessary and asked for to pursue a credible transition to a democracy.

And back to cliches:

I’m also confident that the same ingenuity and entrepreneurial spirit that the young people of Egypt have shown in recent days can be harnessed to create new opportunity, jobs and businesses that allow the extraordinary potential of this generation to take flight.

Isn’t this the same war-on-the Future speech he’s peddling to his domestic audience?

I know that a democratic Egypt can advance its role of responsible leadership not only in the region but around the world.

Oh you can read the rest for yourself. I’m bored.

Egypt has played a pivotal role in human history for over 6,000 years. But over the last few weeks the wheel of history turned at a blinding pace as the Egyptian people demanded their universal rights.

Alright, one more interruption. Below Obama describes watching events of the Egyptian Revolution, AS IF it was a shared American experience. The irony of course is that he watched it on Al Jazeera, while the rest of America could and did not. They would be at pains to draw the same sympathetic conclusions as he. Obama comes off quite the perceptive, humanitarian bastard.

We saw mothers and fathers carrying their children on their shoulders to show them what true freedom might look like. We saw young Egyptians say, for the first time in my life I really count. My voice is heard. Even though I’m only one person, this is the way real democracy works. We saw protestors chant… ‘We are peaceful, again and again.’

We saw a military that would not fire bullets at the people they were sworn to protect. And we saw doctors and nurses rushing into the streets to care for the wound. Volunteers checking protestors to ensure that they were unarmed. We saw people of faith praying together and chanting Muslims, Christians, we are one. And though we know the strains of faith divide too many in this world and no single event will close that chasm immediately, these scenes show us that we need not be defined by our differences. We can be defined by the common humanity that we share.?And, above all, we saw a new generation emerge, a generation that uses their own creativity and talent and technology to call for a government that represented their hopes and not their fears. A government that is responsive to their boundless aspirations. One Egyptian put it simply — most people have discovered in the last few days that they are worth something, and this cannot be taken away from them anymore. Ever.

This is the power of human dignity, and it can never be denied. Egyptians have inspired us, and they’ve done so by putting the eye to the idea that justice is best gained through violence. For in Egypt it was the moral force of nonviolence, not terrorism, not mindless killing, but nonviolence, moral force that bent the arc of history toward justice once more. And while the sights and sounds that we heard were entirely Egyptian, we can’t help but hear the echoes of history, echoes from Germans tearing down a wall, Indonesian students taking to the streets, Gandhi leading his people down the path justice. As Martin Luther King said in celebrating the birth of a new nation in Ghana while trying to perfect his own, there’s something in the soul that cries out for freedom.

Those were the cries that came from Tahrir square and the entire world has taken note. Today belongs to the people of Egypt, and the American people are moved by these scenes in Cairo and across Egypt because of who we are as a people and the kind of world that we want our children to grow up in. The word ‘Tahrir’ means liberation. It’s a word that speaks to that something in our souls that cries out for freedom. And forever more it will remind us of the Egyptian people, of what they did, of the things that they stood for, and how they changed their country and in doing so changed the world. Thank you.

Egypt’s protesters are owed 302 lives


After Hosni Mubarak did his best last night to bite his thumb at his gaping-mouthed subjects, the heart of humanity aches in anticipation of the potential of angry bloodshed Friday in the streets of Cairo. Egypt’s JAN25 organizers have so far held steady to a winning strategy of nonviolent protest, in spite of the tremendous state repression, and as yet it’s only moved them forward. But Mubarak has proved that the success of demonstrations is not judged by public opinion. Revolutions very traditionally involve an overthrow. Despotic torturers rarely capitulate to appeals to their conscience. Before the revolutionaries can ensure the universal support of the Egyptian people, they will have to commandeer the state’s propaganda machine. Hopefully sympathetic employees will turn it over without forcing the demonstrators to compel its silence. While it might be prudent to guard against provocateurs inciting mayhem, public audacity wanes without momentum. Let’s not discount the gains which the brave youth of Jan25 have won with violence. Tahrir Square would not have been gained without wave after wave of assaults against the ranks of riot police. Returning the thrown stones was the only action which kept Mubarak’s goons from overtaking Tahrir and slitting everyone’s throats. Whether Egypt’s freedom-seekers this Friday take the high road or the low, under fire from Mubarak’s security goons, we must support them.

Are FBI raids on activists focused on UNAC strategies?

The UNAC is claiming that recent FBI raids on the offices of various antiwar organizations are linked to those which attended its July conference, an attempt to coordinate national antiwar activities.

Even the title of the conference was never pinned down. Here are the 28 action points decided for the upcoming year, which reads like a clearinghouse of ideas.

Action Program Adopted by the National Conference to Bring the Troops Home Now!

Albany, New York, July 25, 2010

1.
The Rainbow PUSH Coalition and the United Auto Workers (UAW) have invited peace organizations to endorse and participate in a campaign for Jobs, Justice, and Peace. We endorse this campaign and plan to be a part of it. On August 28, 2010, in Detroit, we will march on the anniversary of that day in 1963 when Walter Reuther, president of the UAW, Martin Luther King, Jr., and other civil rights leaders joined with hundreds of thousands of Americans for the March on Washington. In Detroit, prior to the March on Washington, 125,000 marchers participated in the Freedom Walk led by Dr. King. At the march, King delivered his “I Have a Dream” speech for the first time before sharing it with the world in Washington. This year, a massive march has been called for October 2 in Washington. We will begin to build momentum again in Detroit on August 28th. We also endorse the August 28, 2010 Reclaim the Dream Rally and March called by Rev. Al Sharpton and the National Action Network to begin at 11 a.m. at Dunbar High School, 1301 New Jersey Avenue Northwest, Washington D.C. .

2.
Endorse, promote and mobilize for the Saturday, October 2nd “One Nation” march on Washington, DC initiated by 1199SEIU and the NAACP, now being promoted by a growing coalition, which includes the AFL-CIO and U.S. Labor Against the War, and civil rights, peace and other social justice forces in support of the demand for jobs, redirection of national resources from militarism and war to meeting human needs, fully funding vital social programs, and addressing the fiscal crisis of state and local governments. Organize and build an antiwar contingent to participate in the march. Launch a full-scale campaign to get endorsements for the October 2 march on Washington commencing with the final plenary session of this conference.

3.
Endorse the call issued by a range of student groups for Thursday, October 7, as a national day of action to defend education from the horrendous budget cuts that are laying off teachers, closing schools, raising tuition and limiting access to education, especially for working and low income people. Demand “Money for Education, not U.S. Occupations” and otherwise link the cuts in spending for education to the astronomical costs of U.S. wars and occupations.

4.
Devote October 7-16 to organizing local and regional protests to commemorate the ninth anniversary of the invasion and occupation of Afghanistan through demonstrations, marches, rallies, vigils, teach-ins, cultural events and other actions to demand an immediate end to the wars and occupations in both Iraq and Afghanistan and complete withdrawal of all military forces and private security contractors and other mercenaries. The nature and scheduling of these events will reflect the needs of local sponsors and should be designed to attract broad co-sponsorship and diverse participation of antiwar forces with other social justice organizations and progressive constituencies.

5.
The U.S. military is the largest polluter in the world. Therefore, we endorse the “climate chaos” demonstration in Washington D.C. on October 11, coordinated by the National Campaign for Nonviolent Resistance.

6.
Support and build Remember Fallujah Week November 15-19.

7.
Join the new and existing broad-based campaigns to fund human needs and cut the military budget. Join with organizations representing the fight against cutbacks (especially labor and community groups) to build coalitions at the city/town, state and national level. Draft resolutions for city councils, town and village meetings and voter referendum ballot questions linking astronomical war spending to denial of essential public services at home. (Model resolutions and ballot questions will be circulated for consideration of local groups.) Obtain endorsements of elected officials, town and city councils, state parties and legislatures, and labor bodies. Work the legislative process to make military spending an issue. Oppose specific military funding programs and bills, and couple them with human needs funding issues. Use lobbying and other forms of protest, including civil disobedience campaigns, to focus attention on the issue.

8.
Mid-March, 2011 nationally coordinated local teach-ins and protests to mark the eighth year of the Iraq War and to prepare for bi-coastal spring demonstrations the following month.

9.
Bi-Coastal mass spring mobilizations in New York City, San Francisco and Los Angeles on April 9, 2011. These will be accompanied by distinct and separate non-violent direct actions on the same day. A prime component of these mobilizations will be major efforts to include broad new forces from youth to veterans to trade unionists to civil and human rights groups to the Arab, Muslim and other oppressed communities, to environmental organizations, social justice and faith-based groups. Veterans and military families will be key to these mobilizations with special efforts to organize this community to be the lead contingent. Launch a full-scale campaign to get endorsements for these actions commencing with the final plenary session of this conference.

10.
Select a week prior to or after the April actions for local lobbying of elected officials at a time when Congress is not in session. Lobbying to take multiple forms from meeting with local officials to protests at their offices and homes. We will attend the town hall meetings of our Congresspersons and confront them vigorously on their support for the wars and occupations of Iraq and Afghanistan and sanctions on Iran. We also will press them on the unconstitutional diminution of the civil liberties of all Americans and targeted populations.

11.
Consistent with the call to include broad popular sectors of society in our efforts and to contend with the challenges of opposing U.S. wars and occupations while also rejecting attacks at home, National Peace Conference participants will join May Day actions on May 1, 2011, so as to unite all those standing against war and for rights. U.S. military and trade wars force millions of refugees and migrants to the U.S., where they face growing repression, including mass detentions and deportations. Many immigrants, including youth, are forced into the military, through the economic draft as well as under threat of deportation and using false promises of citizenship. By standing together as one on May Day, the antiwar and immigrant rights movements make clear their united stand against U.S. wars and for the rights of all at home and abroad.

12.
National tours: Organize, over a series of months, nationally-coordinated tours of prominent speakers and local activists that link the demands for immediate withdrawal to the demands for funding social programs, as outlined above. Encourage alternatives to military/lethal intervention, relying on research and experience of local and international peace team efforts.

13.
Pressure on Iran from the U.S., Israel and other quarters continues to rise and the threat of a catastrophic military attack on Iran, as well as the ratcheting up of punitive sanctions that primarily impact the people of that country, are of grave concern. In the event of an imminent U.S. government attack on Iran, or such an attack, or a U.S.-backed Israeli attack against Iran, or any other major international crisis triggered by U.S. military action, a continuations committee approved by the conference will mount rapid, broad and nationally coordinated protests by antiwar and social justice activists.

14.
In the event of U.S.-backed military action by Israel against Palestinians, aid activists attempting to end the blockade of Gaza, or attacks on other countries such as Lebanon, Syria, or Iran, a continuations committee approved by the conference will condemn such attacks and support widespread protest actions.

15.
In solidarity with the antiwar movements of Japan and Korea, each calling for U.S. Troops to Get Out Now, and given the great increase in U.S. military preparations against the Democratic People’s Republic of Korea, National Peace Conference participants will organize immediate protests following any attack by the U.S. on Korea. U.S. war preparations include stockpiling hundreds of bunker-busters and conducting major war games near the territorial waters of China and Korea. In keeping with our stand for the right of self-determination and our demand of Out Now, the National Peace Conference calls for Bringing All U.S. Troops Home Now!

16.
Support actions to end the Israeli occupation and repression of Palestinians and the blockade of Gaza.

17.
Support actions aimed at dismantling the Cold War nuclear, biological, radiological and chemical weapons and delivery systems. Support actions aimed at stopping the nuclear renaissance of this Administration, which has proposed to spend $80 billion over the next 10 years to build three new nuclear bomb making facilities and “well over” $100 billion over the same period to modernize nuclear weapons delivery systems. We must support actions aimed at dismantling nuclear, biological, radiological and chemical weapons and delivery systems. We must oppose the re-opening of the uranium mining industry, new nuclear power plants, and extraction of other fossil fuels that the military consumes.

18.
Work in solidarity with GIs, veterans, and military families to support their campaigns and calls for action. Demand support for the troops when they return home and support efforts to counter military recruitment.

19.
Take actions against war profiteers, including oil and energy companies, weapons manufacturers, and engineering firms, whose contractors are working to insure U.S. economic control of Iraq’s and Afghanistan’s resources.

20.
Support actions, educational efforts and lobbying campaigns to promote a transition to a sustainable peace economy.

21.
Develop and implement a multi-pronged national media campaign which includes the following: the honing of a message which will capture our message: “End the Wars and Occupations, Bring the Dollars Home;” a fundraising campaign which would enable the creation and national placement and broadcast of professionally developed print ads as public service radio and television spots which communicate this imperative to the public as a whole (which would involve coordinated outreach to some major funders); outreach to sympathetic media artists to enable the creation of these pieces; an intentional, aggressive, coordinated campaign to garner interviews on as many targeted national news venues as possible which would feature movement voices speaking our nationally coordinated message to the honed; a plan to place on message op-ed pieces in papers around the country on a nationally coordinated schedule.

22.
We demand the immediate and total withdrawal of U.S. military forces, mercenaries and contractors from Afghanistan and Iraq, and an end to drone attacks on Pakistan, Afghanistan and other countries and call for self-determination for the people of all countries. In this demand is the necessity for full truth and transparency regarding all U.S./NATO actions and an expanded development of independent news sources for broad public knowledge of the state of the wars and occupations. We demand an end to censorship of news topics and full democratic access to freedom of information within the U.S. NATO Military Industrial Media Empire.

23.
We call for the equal participation of women in all aspects of the antiwar movement. We propose nonviolent direct actions either in Congressional offices or other appropriate and strategic locations, possibly defense contractors, Federal Buildings, or military bases in the U.S. These actions would be local and coordinated nationally, i.e., the same day for everyone (times may vary). The actions would probably result in arrests for sitting in after offices close. Entering certain facilities could also result in arrests. Participants would be prepared for that possible outcome before joining the action. Nonviolence training would be offered locally, with lists of trainers being made available. The message/demand would be a vote, a congressional action to end the wars: Iraq, Afghanistan, Pakistan. Close U.S. bases. Costs of war and financial issues related to social needs neglected because of war spending would need to be studied and statements regarding same be prepared before the actions. Press release would encourage coverage because of the actions being local and nationally coordinated.

24.
We will convene one or more committees or conferences for the purpose of identifying and arranging boycotts, sit-ins, and other actions that directly interfere with the immoral aspects of the violence and wars that we protest.

25.
We call for the immediate release from Israeli prisons of Mordechai Vanunu and for ending restrictions on his right to speak. We also call upon the Israeli government to let him travel freely and to leave Israel permanently if he so desires.

26.
We oppose the prosecution for Bradley Manning for being the source of the Wikileaks leaks. Manning has done what all GIs should do when they see war crimes: expose them! Bradley Manning’s prosecution sends a message that if you expose illegal activity in the military, you will be prosecuted. We call for the unconditional release of Bradley Manning and an end to all war crimes.

27.
We call for building and expanding the movement for peace by consciously and continually linking it with the urgent necessity to create jobs and fund social needs. We call for support from the antiwar movement to tie the wars and the funding for the wars to the urgent domestic issues through leaflets, signs, banners and active participation in the growing number of mass actions demanding jobs, health care, housing, education and immigrant rights such as:

July 25 – March in Albany in Support of Muslims Targeted by Preemptive Prosecution called by the Muslim Solidarity Committee and Project SALAM.

July 29 & 30 – Boycott Arizona Actions across the country as racist Arizona law SB 1070 goes into effect, including the mass march July 30 in NYC as the Arizona Diamondbacks play the Mets.

All the other mass actions listed above leading up to the bi-coastal actions on April 9, 2011.

28.
The continuations committee elected at this conference shall reach out to other peace and social justice groups holding protests in the fall of 2010 and the spring of 2011, where such groups’ demands and tactics are not inconsistent with those adopted at the UNAC conference, on behalf of exploring ways to maximize unity within the peace and social justice movements this fall and next spring.

ACLU defends Freedom of Speech: that of yours, mine, Nazis or corporations

COLORADO SPRINGS- The local Springs ACLU chapter is challenging the national office’s position on the recent Citizens United victory and I’m torn. I am as anti-corporate as the next rabid class-war insurgent, but the longstanding corporate personhood abomination is a separate abuse than the oppression of civil liberties. It’s clear that one impacts the other, but until we clarify who’s a “who,” the ACLU is determined to exclude no one from First Amendment protection. Make sense?

When and if the immortality advantages of corporate trusts can reigned in, the political power of the individual will be more secure. But an opposite Citizens United verdict would have left American individuals with limits on their speech. You don’t pass respiratory restrictions in Pigville just because the Big Bad Wolf is in town. You charge him with threatening illegal acts, etc, before you abridge the rights of all citizens in the name of security.

In social justice type affinity groups, I certainly believe there are times when the grassroots have to wag their dog gone somnolent. More often however, dissension generates from a malignant insurrection against the founding principles with which the provincial members have lost sight. My experience has been that local ACLU groups, Denver included, are exaggeratedly vigilant about asking “is this a civil liberties issue?” for fear of being seen to address a problem that has become politicized.

Defenders of the last administration for example were desperate to prevent activists from getting the support and sponsorship of established advocacy groups like the ACLU.

Lamentably, believe it or not, some ACLU self-obstructionists differentiate human rights abuses from civil liberties. They see the issue as “partisan.” Because critics of the Patriot Act are often Democrats, Republicans find themselves tasked with defending it. Likewise, illegal war, war crimes, rendition, illegal detention, etc, are also too partisan to address, even as they constitute affronts to the civil liberties of all.

It’s become very clear to me that both Denver and Colorado Springs chapters are dominated by conservative voices who restrict local ACLU activities to conducting public discussion groups, as opposed to speaking out about federal and local abuses which are usual targets of the national office.

The upcoming forum on Corporate Personhood, this Thursday night at Shove Chapel at Colorado College, is clearly outside the purview of civil liberties, but may have escaped our local ACLU’s conservative corporatists explicitly because it goes against the ACLU leadership.

To my mind however, the event will serve two goods. One, we take on corporations, and two our action alerts ACLU Washington about the rotten apples in our midst. Obstructionists are perhaps ever present, but headquarters might generate some guidelines about how to further root them out. A simple essay test about “what are civil liberties” would suffice for me. The next member who points to an ACLU talking point and avers “I don’t see how this is a civil liberties issue” gets the boot.

The most pathetic recurring argument is that the ACLU should only concern itself with the Civil Liberties of “Americans.” The National ACLU has of course argued for the rights of foreign nationals, even those living overseas who have been targets of extradition, as well as peoples of foreign lands under the jurisdiction of American authority; leased properties such as oversees bases for example, and entire nations we’ve invaded. Where should borders demarc free-of-liberties-zones?

The same critics of course show no qualms about US military forces subjugating other peoples in the name of “Freedom” without thought that our liberation of capitalist forces should come with some protections. Pax Americana minus the Americana Bill of Rights.

Challenged about its public support of the Citizens United case, the ACLU offered this unapologetic explanation:

“The ACLU has consistently taken the position that section 203 is facially unconstitutional under the First Amendment because it permits the suppression of core political speech, and our amicus brief takes that position again.”

The fallout has been heated, but I’ve enjoyed the parallels drawn to the infamous occasion when the ACLU protected the right of Nazis to march in the predominantly Jewish Chicago suburb of Skokie Illinois. Yes the ACLU will fight for NAMBLA, Nazis and corporations, and no one bats an eye at the affinity of the three.

The 2009 Amicus Brief which the ACLU filed in support of Citizens United is viewable online (PDF), here are the preface sections:

AMICUS CURIAEBRIEF OF THE AMERICAN CIVIL

LIBERTIES UNION IN SUPPORT OF APPELLANT

ON SUPPLEMENTAL QUESTION

INTEREST OF AMICUS

The American Civil Liberties Union (ACLU) is a nationwide, nonprofit, nonpartisan organization with more than 500,000 members dedicated to the principles of liberty and equality embodied in the Constitution and our nation’s civil rights laws.

For the past three decades, the ACLU has been deeply engaged in the effort to reconcile campaign finance legislation and First Amendment principles, from Buckley v. Valeo, 424 U.S. 1 (1976), where we represented our New York affiliate, to McConnell v. FEC, 540 U.S. 93 (2003), where the ACLU was both co-counsel and plaintiff, to Randall v. Sorrell, 548 U.S. 230 (2006), where we were lead counsel. In addition, the ACLU has appeared as amicus curiae in many of this Court’s campaign finance cases, including FEC v. Wisconsin Right to Life, Inc. (“WRTL”), 551 U.S. 449 (2007).

As framed by the Court’s reargument order, 2009 WL 1841614 (2009), this case presents fundamental questions concerning the constitutionally permissible scope of campaign finance regulation that this Court first confronted in Buckley and subsequently revisited in McConnell and WRTL. The proper resolution of that delicate balance remains an issue of substantial importance to the ACLU and its members.

SUMMARY OF ARGUMENT

The broad prohibition on “electioneering communications” set forth in § 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), 2 U.S.C. § 441b(b)(2), violates the First Amendment, and the limiting construction adopted by this Court in WRTL is insufficient to save it. Accordingly, the Court should strike down § 203 as facially unconstitutional and overrule that portion of McConnell that holds otherwise.

This brief addresses only that question. It does not address the additional question raised by this Court’s reargument order: namely, whether Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), should be overruled. However, if Austin is overruled and the ban on express advocacy by corporations and unions is struck down, then the ban on “electioneering communications” in § 203 would necessarily fall as a consequence.

Even if Austin is not overruled, § 203 is unconstitutional precisely because it extends beyond the express advocacy at issue in Austin. The history of the McConnell litigation, as well as campaign finance litigation before and after McConnell, demonstrates that there is no precise or predictable way to determine whether or not political speech is the “functional equivalent” of express advocacy.

The decision in WRTL correctly recognized that the BCRA’s prophylactic ban on “electioneering communications” threatened speech that lies at the heart of the First Amendment, including genuine issue ads by nonpartisan organizations like the ACLU. But the reformulated ban crafted by this Court in WRTL continues to threaten core First Amendment speech. Its reliance on the hypothetical response of a reasonable listener still leaves speakers guessing about what speech is lawful and what speech is not. That uncertainty invites arbitrary and discriminatory enforcement. It will also lead many speakers to self-censor rather than risk sanctions or undertake the expense of suing the FEC prior to speaking, especially since most suits will not be resolved until long after the speech is timely and relevant.

In short, § 203 was a poorly conceived effort to restrict political speech and should be struck down.

Beyond MLK worship: Beyond Vietnam

MLK“A time comes when silence is betrayal. That time has come for us in relation to Vietnam.”
Martin Luther King Beyond Vietnam: Time to Break the Silence
Full text of 1967 speech below.

Riverside Church, New York City, 4 April 1967

I come to this magnificent house of worship tonight because my conscience leaves me no other choice. I join with you in this meeting because I am in deepest agreement with the aims and work of the organization which has brought us together: Clergy and Laymen Concerned about Vietnam. The recent statement of your executive committee are the sentiments of my own heart and I found myself in full accord when I read its opening lines:

“A time comes when silence is betrayal.”

That time has come for us in relation to Vietnam.

The truth of these words is beyond doubt but the mission to which they call us is a most difficult one. Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government’s policy, especially in time of war. Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one’s own bosom and in the surrounding world. Moreover when the issues at hand seem as perplexed as they often do in the case of this dreadful conflict we are always on the verge of being mesmerized by uncertainty; but we must move on.

Some of us who have already begun to break the silence of the night have found that the calling to speak is often a vocation of agony, but we must speak. We must speak with all the humility that is appropriate to our limited vision, but we must speak. And we must rejoice as well, for surely this is the first time in our nation’s history that a significant number of its religious leaders have chosen to move beyond the prophesying of smooth patriotism to the high grounds of a firm dissent based upon the mandates of conscience and the reading of history. Perhaps a new spirit is rising among us. If it is, let us trace its movement well and pray that our own inner being may be sensitive to its guidance, for we are deeply in need of a new way beyond the darkness that seems so close around us.

Over the past two years, as I have moved to break the betrayal of my own silences and to speak from the burnings of my own heart, as I have called for radical departures from the destruction of Vietnam, many persons have questioned me about the wisdom of my path. At the heart of their concerns this query has often loomed large and loud: Why are you speaking about war, Dr. King? Why are you joining the voices of dissent? Peace and civil rights don’t mix, they say. Aren’t you hurting the cause of your people, they ask? And when I hear them, though I often understand the source of their concern, I am nevertheless greatly saddened, for such questions mean that the inquirers have not really known me, my commitment or my calling. Indeed, their questions suggest that they do not know the world in which they live.

“I wish not to speak with Hanoi and the National Liberation Front, but rather to my fellow Americans who, with me, bear the greatest responsibility in ending a conflict that has exacted a heavy price on both continents.”

In the light of such tragic misunderstandings, I deem it of signal importance to try to state clearly, and I trust concisely, why I believe that the path from Dexter Avenue Baptist Church — the church in Montgomery, Alabama, where I began my pastorate — leads clearly to this sanctuary tonight.

I come to this platform tonight to make a passionate plea to my beloved nation. This speech is not addressed to Hanoi or to the National Liberation Front. It is not addressed to China or to Russia.

Nor is it an attempt to overlook the ambiguity of the total situation and the need for a collective solution to the tragedy of Vietnam. Neither is it an attempt to make North Vietnam or the National Liberation Front paragons of virtue, nor to overlook the role they can play in a successful resolution of the problem. While they both may have justifiable reason to be suspicious of the good faith of the United States, life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides.

Tonight, however, I wish not to speak with Hanoi and the NLF, but rather to my fellow Americans, who, with me, bear the greatest responsibility in ending a conflict that has exacted a heavy price on both continents.

The Importance of Vietnam

Since I am a preacher by trade, I suppose it is not surprising that I have seven major reasons for bringing Vietnam into the field of my moral vision. There is at the outset a very obvious and almost facile connection between the war in Vietnam and the struggle I, and others, have been waging in America. A few years ago there was a shining moment in that struggle. It seemed as if there was a real promise of hope for the poor — both black and white — through the poverty program. There were experiments, hopes, new beginnings. Then came the buildup in Vietnam and I watched the program broken and eviscerated as if it were some idle political plaything of a society gone mad on war, and I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic destructive suction tube. So I was increasingly compelled to see the war as an enemy of the poor and to attack it as such.

“For the sake of those boys,
for the sake of this governent,
for the sake of hundreds of thousands
trembling under our violence,
I cannot be silent.”

Perhaps the more tragic recognition of reality took place when it became clear to me that the war was doing far more than devastating the hopes of the poor at home. It was sending their sons and their brothers and their husbands to fight and to die in extraordinarily high proportions relative to the rest of the population. We were taking the black young men who had been crippled by our society and sending them eight thousand miles away to guarantee liberties in Southeast Asia which they had not found in southwest Georgia and East Harlem. So we have been repeatedly faced with the cruel irony of watching Negro and white boys on TV screens as they kill and die together for a nation that has been unable to seat them together in the same schools. So we watch them in brutal solidarity burning the huts of a poor village, but we realize that they would never live on the same block in Detroit. I could not be silent in the face of such cruel manipulation of the poor.

My third reason moves to an even deeper level of awareness, for it grows out of my experience in the ghettoes of the North over the last three years — especially the last three summers. As I have walked among the desperate, rejected and angry young men I have told them that Molotov cocktails and rifles would not solve their problems. I have tried to offer them my deepest compassion while maintaining my conviction that social change comes most meaningfully through nonviolent action. But they asked — and rightly so — what about Vietnam? They asked if our own nation wasn’t using massive doses of violence to solve its problems, to bring about the changes it wanted. Their questions hit home, and I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today — my own government. For the sake of those boys, for the sake of this government, for the sake of hundreds of thousands trembling under our violence, I cannot be silent.

For those who ask the question, “Aren’t you a civil rights leader?” and thereby mean to exclude me from the movement for peace, I have this further answer. In 1957 when a group of us formed the Southern Christian Leadership Conference, we chose as our motto: “To save the soul of America.” We were convinced that we could not limit our vision to certain rights for black people, but instead affirmed the conviction that America would never be free or saved from itself unless the descendants of its slaves were loosed completely from the shackles they still wear. In a way we were agreeing with Langston Hughes, that black bard of Harlem, who had written earlier:

O, yes,
I say it plain,
America never was America to me,
And yet I swear this oath —
America will be!

Now, it should be incandescently clear that no one who has any concern for the integrity and life of America today can ignore the present war. If America’s soul becomes totally poisoned, part of the autopsy must read Vietnam. It can never be saved so long as it destroys the deepest hopes of men the world over. So it is that those of us who are yet determined that America will be are led down the path of protest and dissent, working for the health of our land.

“Surely we must see
that the men we supported
pressed them to their violence.”

As if the weight of such a commitment to the life and health of America were not enough, another burden of responsibility was placed upon me in 1964; and I cannot forget that the Nobel Prize for Peace was also a commission — a commission to work harder than I had ever worked before for “the brotherhood of man.” This is a calling that takes me beyond national allegiances, but even if it were not present I would yet have to live with the meaning of my commitment to the ministry of Jesus Christ. To me the relationship of this ministry to the making of peace is so obvious that I sometimes marvel at those who ask me why I am speaking against the war. Could it be that they do not know that the good news was meant for all men — for Communist and capitalist, for their children and ours, for black and for white, for revolutionary and conservative? Have they forgotten that my ministry is in obedience to the one who loved his enemies so fully that he died for them? What then can I say to the “Vietcong” or to Castro or to Mao as a faithful minister of this one? Can I threaten them with death or must I not share with them my life?

Finally, as I try to delineate for you and for myself the road that leads from Montgomery to this place I would have offered all that was most valid if I simply said that I must be true to my conviction that I share with all men the calling to be a son of the living God. Beyond the calling of race or nation or creed is this vocation of sonship and brotherhood, and because I believe that the Father is deeply concerned especially for his suffering and helpless and outcast children, I come tonight to speak for them.

This I believe to be the privilege and the burden of all of us who deem ourselves bound by allegiances and loyalties which are broader and deeper than nationalism and which go beyond our nation’s self-defined goals and positions. We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy, for no document from human hands can make these humans any less our brothers.

Strange Liberators

And as I ponder the madness of Vietnam and search within myself for ways to understand and respond to compassion my mind goes constantly to the people of that peninsula. I speak now not of the soldiers of each side, not of the junta in Saigon, but simply of the people who have been living under the curse of war for almost three continuous decades now. I think of them too because it is clear to me that there will be no meaningful solution there until some attempt is made to know them and hear their broken cries.

“Before long they must know
that their government has sent them
into a struggle among Vietnamese,
and the more sophisticated surely realize
that we are on the side of the wealthy
and the secure
while we create hell for the poor.”

They must see Americans as strange liberators. The Vietnamese people proclaimed their own independence in 1945 after a combined French and Japanese occupation, and before the Communist revolution in China. They were led by Ho Chi Minh. Even though they quoted the American Declaration of Independence in their own document of freedom, we refused to recognize them. Instead, we decided to support France in its re-conquest of her former colony.

Our government felt then that the Vietnamese people were not “ready” for independence, and we again fell victim to the deadly Western arrogance that has poisoned the international atmosphere for so long. With that tragic decision we rejected a revolutionary government seeking self-determination, and a government that had been established not by China (for whom the Vietnamese have no great love) but by clearly indigenous forces that included some Communists. For the peasants this new government meant real land reform, one of the most important needs in their lives.

For nine years following 1945 we denied the people of Vietnam the right of independence. For nine years we vigorously supported the French in their abortive effort to re-colonize Vietnam.

Before the end of the war we were meeting eighty percent of the French war costs. Even before the French were defeated at Dien Bien Phu, they began to despair of the reckless action, but we did not. We encouraged them with our huge financial and military supplies to continue the war even after they had lost the will. Soon we would be paying almost the full costs of this tragic attempt at re-colonization.

After the French were defeated it looked as if independence and land reform would come again through the Geneva agreements. But instead there came the United States, determined that Ho should not unify the temporarily divided nation, and the peasants watched again as we supported one of the most vicious modern dictators — our chosen man, Premier Diem. The peasants watched and cringed as Diem ruthlessly routed out all opposition, supported their extortionist landlords and refused even to discuss reunification with the north. The peasants watched as all this was presided over by U.S. influence and then by increasing numbers of U.S. troops who came to help quell the insurgency that Diem’s methods had aroused. When Diem was overthrown they may have been happy, but the long line of military dictatorships seemed to offer no real change — especially in terms of their need for land and peace.

The only change came from America as we increased our troop commitments in support of governments which were singularly corrupt, inept and without popular support. All the while the people read our leaflets and received regular promises of peace and democracy — and land reform. Now they languish under our bombs and consider us – not their fellow Vietnamese — the real enemy. They move sadly and apathetically as we herd them off the land of their fathers into concentration camps where minimal social needs are rarely met. They know they must move or be destroyed by our bombs. So they go — primarily women and children and the aged.

“Somehow this madness must cease.”

They watch as we poison their water, as we kill a million acres of their crops. They must weep as the bulldozers roar through their areas preparing to destroy the precious trees. They wander into the hospitals, with at least twenty casualties from American firepower for one “Vietcong-inflicted” injury. So far we may have killed a million of them — mostly children. They wander into the towns and see thousands of the children, homeless, without clothes, running in packs on the streets like animals. They see the children, degraded by our soldiers as they beg for food. They see the children selling their sisters to our soldiers, soliciting for their mothers.

What do the peasants think as we ally ourselves with the landlords and as we refuse to put any action into our many words concerning land reform? What do they think as we test our latest weapons on them, just as the Germans tested out new medicine and new tortures in the concentration camps of Europe? Where are the roots of the independent Vietnam we claim to be building? Is it among these voiceless ones?

We have destroyed their two most cherished institutions: the family and the village. We have destroyed their land and their crops. We have cooperated in the crushing of the nation’s only non-Communist revolutionary political force — the Unified Buddhist church. We have supported the enemies of the peasants of Saigon. We have corrupted their women and children and killed their men. What liberators?

Now there is little left to build on — save bitterness. Soon the only solid physical foundations remaining will be found at our military bases and in the concrete of the concentration camps we call fortified hamlets. The peasants may well wonder if we plan to build our new Vietnam on such grounds as these? Could we blame them for such thoughts? We must speak for them and raise the questions they cannot raise. These too are our brothers.

Perhaps the more difficult but no less necessary task is to speak for those who have been designated as our enemies. What of the National Liberation Front — that strangely anonymous group we call VC or Communists? What must they think of us in America when they realize that we permitted the repression and cruelty of Diem which helped to bring them into being as a resistance group in the south? What do they think of our condoning the violence which led to their own taking up of arms? How can they believe in our integrity when now we speak of “aggression from the north” as if there were nothing more essential to the war? How can they trust us when now we charge them with violence after the murderous reign of Diem and charge them with violence while we pour every new weapon of death into their land? Surely we must understand their feelings even if we do not condone their actions. Surely we must see that the men we supported pressed them to their violence. Surely we must see that our own computerized plans of destruction simply dwarf their greatest acts.

“We must continue to raise our voices if our nation persists in its perverse ways in Vietnam.”

How do they judge us when our officials know that their membership is less than twenty-five percent Communist and yet insist on giving them the blanket name? What must they be thinking when they know that we are aware of their control of major sections of Vietnam and yet we appear ready to allow national elections in which this highly organized political parallel government will have no part? They ask how we can speak of free elections when the Saigon press is censored and controlled by the military junta. And they are surely right to wonder what kind of new government we plan to help form without them — the only party in real touch with the peasants. They question our political goals and they deny the reality of a peace settlement from which they will be excluded. Their questions are frighteningly relevant. Is our nation planning to build on political myth again and then shore it up with the power of new violence?

Here is the true meaning and value of compassion and nonviolence when it helps us to see the enemy’s point of view, to hear his questions, to know his assessment of ourselves. For from his view we may indeed see the basic weaknesses of our own condition, and if we are mature, we may learn and grow and profit from the wisdom of the brothers who are called the opposition.

So, too, with Hanoi. In the north, where our bombs now pummel the land, and our mines endanger the waterways, we are met by a deep but understandable mistrust. To speak for them is to explain this lack of confidence in Western words, and especially their distrust of American intentions now. In Hanoi are the men who led the nation to independence against the Japanese and the French, the men who sought membership in the French commonwealth and were betrayed by the weakness of Paris and the willfulness of the colonial armies. It was they who led a second struggle against French domination at tremendous costs, and then were persuaded to give up the land they controlled between the thirteenth and seventeenth parallel as a temporary measure at Geneva. After 1954 they watched us conspire with Diem to prevent elections which would have surely brought Ho Chi Minh to power over a united Vietnam, and they realized they had been betrayed again.

When we ask why they do not leap to negotiate, these things must be remembered. Also it must be clear that the leaders of Hanoi considered the presence of American troops in support of the Diem regime to have been the initial military breach of the Geneva agreements concerning foreign troops, and they remind us that they did not begin to send in any large number of supplies or men until American forces had moved into the tens of thousands.

“When machines and computers,
profit motives and property rights
are considered more important than people,
the giant triplets of
racism,
materialism
and militarism
are incapable of being conquered.”

Hanoi remembers how our leaders refused to tell us the truth about the earlier North Vietnamese overtures for peace, how the president claimed that none existed when they had clearly been made. Ho Chi Minh has watched as America has spoken of peace and built up its forces, and now he has surely heard of the increasing international rumors of American plans for an invasion of the north. He knows the bombing and shelling and mining we are doing are part of traditional pre-invasion strategy. Perhaps only his sense of humor and of irony can save him when he hears the most powerful nation of the world speaking of aggression as it drops thousands of bombs on a poor weak nation more than eight thousand miles away from its shores.

At this point I should make it clear that while I have tried in these last few minutes to give a voice to the voiceless on Vietnam and to understand the arguments of those who are called enemy, I am as deeply concerned about our troops there as anything else. For it occurs to me that what we are submitting them to in Vietnam is not simply the brutalizing process that goes on in any war where armies face each other and seek to destroy. We are adding cynicism to the process of death, for they must know after a short period there that none of the things we claim to be fighting for are really involved. Before long they must know that their government has sent them into a struggle among Vietnamese, and the more sophisticated surely realize that we are on the side of the wealthy and the secure while we create hell for the poor.

This Madness Must Cease

Somehow this madness must cease. We must stop now. I speak as a child of God and brother to the suffering poor of Vietnam. I speak for those whose land is being laid waste, whose homes are being destroyed, whose culture is being subverted. I speak for the poor of America who are paying the double price of smashed hopes at home and death and corruption in Vietnam. I speak as a citizen of the world, for the world as it stands aghast at the path we have taken. I speak as an American to the leaders of my own nation. The great initiative in this war is ours. The initiative to stop it must be ours.

This is the message of the great Buddhist leaders of Vietnam. Recently one of them wrote these words:

“Each day the war goes on the hatred increases in the heart of the Vietnamese and in the hearts of those of humanitarian instinct. The Americans are forcing even their friends into becoming their enemies. It is curious that the Americans, who calculate so carefully on the possibilities of military victory, do not realize that in the process they are incurring deep psychological and political defeat. The image of America will never again be the image of revolution, freedom and democracy, but the image of violence and militarism.”

“A nation that continues
year after year
to spend more money on military defense
than on programs of social uplift
is approaching spiritual death.”

If we continue, there will be no doubt in my mind and in the mind of the world that we have no honorable intentions in Vietnam. It will become clear that our minimal expectation is to occupy it as an American colony and men will not refrain from thinking that our maximum hope is to goad China into a war so that we may bomb her nuclear installations. If we do not stop our war against the people of Vietnam immediately the world will be left with no other alternative than to see this as some horribly clumsy and deadly game we have decided to play.

The world now demands a maturity of America that we may not be able to achieve. It demands that we admit that we have been wrong from the beginning of our adventure in Vietnam, that we have been detrimental to the life of the Vietnamese people. The situation is one in which we must be ready to turn sharply from our present ways.

In order to atone for our sins and errors in Vietnam, we should take the initiative in bringing a halt to this tragic war. I would like to suggest five concrete things that our government should do immediately to begin the long and difficult process of extricating ourselves from this nightmarish conflict:

• End all bombing in North and South Vietnam

• Declare a unilateral cease-fire in the hope that such action will create the atmosphere for negotiation.

• Take immediate steps to prevent other battlegrounds in Southeast Asia by curtailing our military buildup in Thailand and our interference in Laos.

• Realistically accept the fact that the National Liberation Front has substantial support in South Vietnam and must thereby play a role in any meaningful negotiations and in any future Vietnam government.

• Set a date that we will remove all foreign troops from Vietnam in accordance with the 1954 Geneva agreement.

Part of our ongoing commitment might well express itself in an offer to grant asylum to any Vietnamese who fears for his life under a new regime which included the Liberation Front. Then we must make what reparations we can for the damage we have done. We most provide the medical aid that is badly needed, making it available in this country if necessary.

Protesting The War

Meanwhile we in the churches and synagogues have a continuing task while we urge our government to disengage itself from a disgraceful commitment. We must continue to raise our voices if our nation persists in its perverse ways in Vietnam. We must be prepared to match actions with words by seeking out every creative means of protest possible.

As we counsel young men concerning military service we must clarify for them our nation’s role in Vietnam and challenge them with the alternative of conscientious objection. I am pleased to say that this is the path now being chosen by more than seventy students at my own alma mater, Morehouse College, and I recommend it to all who find the American course in Vietnam a dishonorable and unjust one. Moreover I would encourage all ministers of draft age to give up their ministerial exemptions and seek status as conscientious objectors. These are the times for real choices and not false ones. We are at the moment when our lives must be placed on the line if our nation is to survive its own folly. Every man of humane convictions must decide on the protest that best suits his convictions, but we must all protest.

“If we do not act
we shall surely be dragged down
the long and shameful corridors of time
reserved for those who possess
power without compassion,
might without morality,
and strength without sight.”

There is something seductively tempting about stopping there and sending us all off on what in some circles has become a popular crusade against the war in Vietnam. I say we must enter the struggle, but I wish to go on now to say something even more disturbing. The war in Vietnam is but a symptom of a far deeper malady within the American spirit, and if we ignore this sobering reality we will find ourselves organizing clergy-and laymen-concerned committees for the next generation. They will be concerned about Guatemala and Peru. They will be concerned about Thailand and Cambodia. They will be concerned about Mozambique and South Africa. We will be marching for these and a dozen other names and attending rallies without end unless there is a significant and profound change in American life and policy. Such thoughts take us beyond Vietnam, but not beyond our calling as sons of the living God.

In 1957 a sensitive American official overseas said that it seemed to him that our nation was on the wrong side of a world revolution. During the past ten years we have seen emerge a pattern of suppression which now has justified the presence of U.S. military “advisors” in Venezuela. This need to maintain social stability for our investments accounts for the counter-revolutionary action of American forces in Guatemala. It tells why American helicopters are being used against guerrillas in Colombia and why American napalm and green beret forces have already been active against rebels in Peru. It is with such activity in mind that the words of the late John F. Kennedy come back to haunt us. Five years ago he said,

“Those who make peaceful revolution impossible will make violent revolution inevitable.”

Increasingly, by choice or by accident, this is the role our nation has taken — the role of those who make peaceful revolution impossible by refusing to give up the privileges and the pleasures that come from the immense profits of overseas investment.

I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a “thing-oriented” society to a “person-oriented” society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered.

A true revolution of values will soon cause us to question the fairness and justice of many of our past and present policies. On the one hand we are called to play the good Samaritan on life’s roadside; but that will be only an initial act. One day we must come to see that the whole Jericho road must be transformed so that men and women will not be constantly beaten and robbed as they make their journey on life’s highway.

True compassion is more than flinging a coin to a beggar; it is not haphazard and superficial. It comes to see that an edifice which produces beggars needs restructuring. A true revolution of values will soon look uneasily on the glaring contrast of poverty and wealth. With righteous indignation, it will look across the seas and see individual capitalists of the West investing huge sums of money in Asia, Africa and South America, only to take the profits out with no concern for the social betterment of the countries, and say: “This is not just.”

It will look at our alliance with the landed gentry of Latin America and say: “This is not just.”

The Western arrogance of feeling that it has everything to teach others and nothing to learn from them is not just.

A true revolution of values will lay hands on the world order and say of war: “This way of settling differences is not just.”

This business of burning human beings with napalm, of filling our nation’s homes with orphans and widows, of injecting poisonous drugs of hate into veins of people normally humane, of sending men home from dark and bloody battlefields physically handicapped and psychologically deranged, cannot be reconciled with wisdom, justice and love. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.

America, the richest and most powerful nation in the world, can well lead the way in this revolution of values. There is nothing, except a tragic death wish, to prevent us from reordering our priorities, so that the pursuit of peace will take precedence over the pursuit of war. There is nothing to keep us from molding a recalcitrant status quo with bruised hands until we have fashioned it into a brotherhood.

This kind of positive revolution of values is our best defense against communism. War is not the answer. Communism will never be defeated by the use of atomic bombs or nuclear weapons. Let us not join those who shout war and through their misguided passions urge the United States to relinquish its participation in the United Nations. These are days which demand wise restraint and calm reasonableness. We must not call everyone a Communist or an appeaser who advocates the seating of Red China in the United Nations and who recognizes that hate and hysteria are not the final answers to the problem of these turbulent days. We must not engage in a negative anti-communism, but rather in a positive thrust for democracy, realizing that our greatest defense against communism is to take offensive action in behalf of justice. We must with positive action seek to remove those conditions of poverty, insecurity and injustice which are the fertile soil in which the seed of communism grows and develops.

The People Are Important

These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression and out of the wombs of a frail world new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. “The people who sat in darkness have seen a great light.” We in the West must support these revolutions. It is a sad fact that, because of comfort, complacency, a morbid fear of communism, and our proneness to adjust to injustice, the Western nations that initiated so much of the revolutionary spirit of the modern world have now become the arch anti-revolutionaries. This has driven many to feel that only Marxism has the revolutionary spirit. Therefore, communism is a judgment against our failure to make democracy real and follow through on the revolutions we initiated. Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo and unjust mores and thereby speed the day when “every valley shall be exalted, and every mountain and hill shall be made low, and the crooked shall be made straight and the rough places plain.”

A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.

This call for a world-wide fellowship that lifts neighborly concern beyond one’s tribe, race, class and nation is in reality a call for an all-embracing and unconditional love for all men. This oft misunderstood and misinterpreted concept – so readily dismissed by the Nietzsches of the world as a weak and cowardly force – has now become an absolute necessity for the survival of man. When I speak of love I am not speaking of some sentimental and weak response. I am speaking of that force which all of the great religions have seen as the supreme unifying principle of life. Love is somehow the key that unlocks the door which leads to ultimate reality. This Hindu-Moslem-Christian-Jewish-Buddhist belief about ultimate reality is beautifully summed up in the first epistle of Saint John:

Let us love one another; for love is God and everyone that loveth is born of God and knoweth God. He that loveth not knoweth not God; for God is love. If we love one another God dwelleth in us, and his love is perfected in us.

Let us hope that this spirit will become the order of the day. We can no longer afford to worship the god of hate or bow before the altar of retaliation. The oceans of history are made turbulent by the ever-rising tides of hate. History is cluttered with the wreckage of nations and individuals that pursued this self-defeating path of hate. As Arnold Toynbee says :

“Love is the ultimate force that makes for the saving choice of life and good against the damning choice of death and evil. Therefore the first hope in our inventory must be the hope that love is going to have the last word.”

We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history there is such a thing as being too late. Procrastination is still the thief of time. Life often leaves us standing bare, naked and dejected with a lost opportunity. The “tide in the affairs of men” does not remain at the flood; it ebbs. We may cry out desperately for time to pause in her passage, but time is deaf to every plea and rushes on. Over the bleached bones and jumbled residue of numerous civilizations are written the pathetic words: “Too late.”

There is an invisible book of life that faithfully records our vigilance or our neglect. “The moving finger writes, and having writ moves on…” We still have a choice today; nonviolent coexistence or violent co-annihilation.

We must move past indecision to action. We must find new ways to speak for peace in Vietnam and justice throughout the developing world – a world that borders on our doors. If we do not act we shall surely be dragged down the long dark and shameful corridors of time reserved for those who possess power without compassion, might without morality, and strength without sight.

Now let us begin. Now let us rededicate ourselves to the long and bitter – but beautiful – struggle for a new world. This is the calling of the sons of God, and our brothers wait eagerly for our response. Shall we say the odds are too great? Shall we tell them the struggle is too hard? Will our message be that the forces of American life militate against their arrival as full men, and we send our deepest regrets? Or will there be another message, of longing, of hope, of solidarity with their yearnings, of commitment to their cause, whatever the cost? The choice is ours, and though we might prefer it otherwise we must choose in this crucial moment of human history.

As that noble bard of yesterday, James Russell Lowell, eloquently stated:

Once to every man and nation
Comes the moment to decide,
In the strife of truth and falsehood,
For the good or evil side;
Some great cause, God’s new Messiah,
Off’ring each the bloom or blight,
And the choice goes by forever
Twixt that darkness and that light.
Though the cause of evil prosper,
Yet ’tis truth alone is strong;
Though her portion be the scaffold,
And upon the throne be wrong:
Yet that scaffold sways the future,
And behind the dim unknown,
Standeth God within the shadow
Keeping watch above his own.

Did you know John Yoo is not in jail?

Did you know John Yoo is not in jail?

john-woo-daily-showThis is the kind of civility that I just can’t stomach. Berkeley Law Professor John Yoo, author of the Torture Memos which Bushco’s blimpnecks took for their greenlight to water-board, was a guest yesterday on the Daily Show. Short of Jon Stewart orchestrating a citizen’s arrest, or reality television setting Gitmo alumni upon Woo like bears on honey, I don’t want to see the John Yoo walking free.

I could see that Stewart had planned some zingers which Yoo was able to dodge, and afterward Stewart behaved like Hannibal Lecter had just passed through, but on the whole I think hosting criminals like Yoo is ill advised. For one, you have to shake his hand. Then of course the nature of television entertainment –unless you are Mike Wallace who’s just strode into the mark’s office– has you trying to make light of the interview, the whole of which has been choreographed for laughs. Worst of all I believe, are the too-many times a host finds himself asking the audience to give it up for the guest.

When Stewart first announced the night’s guest was to be John Yoo, the audience appropriately enough did not cheer. Of course when it came time for the cretin’s entrance, the applause was obligatory. And so it followed, each subsequent punctuation. How else are the audience members supposed to show their enthusiasm? It’s true, their energy is critical to the stage energy.

Stephen Colbert solves the applaud-the-bad-guy paradox by taking a victory lap himself when the audience applauds the introduction of the guest. But usually Colbert’s show specializes in leftist guests with whom the audience is sympathetic, so the maneuver is more for bringing the studio audience unto Colbert’s role-playing for the Right. Integral to his act is an audience that mimics O’Reilly-Limbaugh ditto-heads. A veritable right wing audience could never be brought to even show civility to a guest they’re told is hostile.

And I guess I long for a little more of that genuine sentiment. It began for me when I saw Sarah Palin treated with effusive cordiality on Saturday Night Live. Again the audience was expected to applaud Palin, if in fact they were really just excited to see her roasted.

John Yoo and ilk, the whole Bush troops, must be prosecuted and jailed. That they walk about at large, free to second guess President Obama’s terrorism strategies are nothing to laugh at. I’ll cop to being humorless on this point.

NOTES:
Excerpt, March 13, 2002 Memorandum

“… neither the GPW (Third Geneva Convention) nor the Torture Convention restrict the President’s legal authority to transfer prisoners captured in the Afghanistan conflict to third countries. Although the GPW places conditions on the transfer of POWs, neither al-Qaeda nor Taliban prisoners are legally entitled to POW status, and hence there are no GPW conditions placed on their transfer. While the Torture Convention arguably might govern transfer of these prisoners, it does not apply extraterritorially.”

Excerpt, August 1, 2002 Memo

“Under international law, therefore, the United States thus is bound only by the text of the Torture Conventions as modified by the first Bush administration’s understanding.”

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.

Ward Churchill to speak for O’odham

O'odham rightsAccording to Censored News, Activist and scholar Ward Churchill will speak at the Unitarian Universalist Church of Tucson, 4831 W. 22nd St., on November 13, 2009 at 7:00 p.m. to benefit O’odham VOICE Against the Wall, which since 2003 has organized and advocated for the traditional O’odham leaders and elders of the Tohono O’odham communities in the southern territory of the United States and northern territory of Mexico. Professor Churchill’s talk is part of the “Apartheid in America: Surviving Occupation in O’odham Lands”

O’odham activist Ofelia Rivas will also participate. The event is sponsored by the Dry River Radical Resource Center, the Earth First! Journal, and Voices against the Wall.

Here’s some background on the O’odham struggle:

pamphlet cover illustrationBy J. D. Hendricks, 2004
TIAMAT PUBLICATIONS #5

The People Who Emerged From the Earth

Over two thousand years ago the descendents of the O’odham moved into the southwestern region of the area now claimed by the U.S. as the state of Arizona. 1 The O’odham have had one of the longest histories of contact with the forces of European colonization compared with the rest of the native North American peoples. The O’odham’s first contact with Spanish invaders took place in the mid 16th century; nearly one hundred years before the colonization of the North Atlantic coast and Great Lakes regions were begun by the French and English colonists. As such, the history of the O’odham provides a good context for an investigation of the colonization of Native North America, and more specifically, an investigation of the interplay between, and results of, the varied responses to colonization – that of collaboration, accommodation, and resistance.

Many histories of the O’odham refer to these desert people as the Papago. The term Papago was a name given to the O’odham by the Spanish colonizers, and is likely the result of a Spanish corruption of the O’odham word “papabi” which was the O’odham name for one of their principal bean varieties. Thus, the Spanish colonizers term for the O’odham (Papago) came to mean “the bean eaters.” 2 For the purposes of this study I will refrain from the use of the term Papago and will refer to “the people” 3 by their traditional pre-colonial name. 4

As is often the case, with the name Papago being a good example, European constructs are often imposed upon indigenous peoples by the historians that seek to portray their past. This result can occur when historians seek to glorify European norms and traditions at the expense of indigenous ones, and can also be the result of the subconscious indoctrination of the historian by the dominant culture – in this case that of western style industrial civilization. In other cases it can be the result of a simple uncritical usage of language.

One of the most dominant and reoccurring “civilized” constructs imposed upon indigenous peoples history is the commonly understood notion that the O’odham, or any other indigenous North American culture for that matter, existed as a totality or uniformed mass. This study will seek to use the history of the interaction between the O’odham peoples and the United States, both its government and its peoples, to deconstruct this myth of the totality and provide a history of the O’odham’s varied responses to colonization from an anti-colonial and anti-industrial perspective. By investigating various important case studies in O’odham history, and looking not only at resistance but also accommodation and collaboration, it is hoped that this work will help to provide a more realistic historical picture of the effects of colonization, and the intentions and reactions of both the colonizer and the colonized. Within the previously stated context and theoretical framework, this study will argue that while the O’odham responded to the U.S. invasion of their lands in various ways, the choices to resist, accommodate, or collaborate with the forces of colonization did not affect the overall U.S. policy concerning the O’odham – that policy being the eventual total assimilation of the O’odham into the dominant “civilized” industrial system. 5

This investigation will include a strong focus on O’odham resistance to colonization, as any anti-colonial history should, however it will not discount or ignore the many historical occurrences of accommodation, and in some cases outright collaboration, with the colonizers. It is important to always keep in mind that none of the actions and reactions in any of the case studies looked at are attributable to the O’odham as a “totality,” but rather are attributable only to the various groupings of O’odham, be they incarnated in the form of the individual, the clan, the village, an economic or spiritual grouping, or an established political organization.

A God of Civilization and Coercion Comes to the O’odham

The O’odham’s first encounter with Spanish invaders took place in the mid sixteenth century when a group of conquistadors led by Alvaro Nunez Cabeza de Vaca entered O’odham territory in search of gold. These men did not find the riches they were looking for and left the desert region to return to the Spanish colony. However, soon after word spread of the O’odham villages on the northern periphery of the Spanish colony, missionaries began to travel north to bring God and “civilization” to the native people residing there. By 1686, Catholic missionaries had formed a few small missions in O’odham territory using what they believed to be the influence of their soft power 6 techniques to lure the O’odham into their missions where they were then subjected to a rigorous schedule of cultural indoctrination. Most O’odham historians, including Winston Erickson, 7 and to a lesser extent, Bernard Fontana 8 have, during this time period, focused on the O’odham who chose to reside nearby and within these early missions, thus painting a picture of the O’odham as accepting of Spanish influence and cultural indoctrination.

However a closer look at this time period reveals that mission O’odham were only a small percentage of the total population of O’odham residing in the Sonoran desert 9 and that the ones who were there may not have been so for the reasons that the colonizers believed. San Xavier del Bac, the largest mission in O’odham lands, as well as many other missions, took advantage of the fact that the desert O’odham migrated in the dry winter months to the Northern Piman settlements along the rivers to work the small farm plots for sustenance. 10 The Catholic missions inserted themselves into this traditional pattern. Those O’odham who worked and lived near the missions were, for the most part, seasonal residents, which shows that the missions were viewed merely as being of utilitarian value. Thus, the O’odham as a totality were not necessarily accommodating to or interested in anything the missionaries had to offer per se, and when the missionaries began to employ “hard power” techniques and abuse or overstep the grounds for their welcome it did not go without consequence. 11

Accommodating and ignoring the missionaries was not the only response to colonization practiced by the O’odham during the seventeenth and eighteenth centuries. Although historians such as Erickson feel that “the missions did serve the O’odham well….,” 12 that assertion is contradicted by the fact that there were many large scale rebellions waged against the missions from outside and from within. In 1695, 1751, 1756, and 1776, large scale rebellions occurred in which missionaries were killed and their missions burned to the ground. 13 In some cases these rebellions were the doing of joint O’odham/Apache alliances, which is significant considering that many histories of the O’odham and Apache portray them as immemorial enemies. This may be the result of the fact that by the early nineteenth century the Spanish government initiated a campaign of divide and conquer that was continued later by the Mexican and U.S. governments to turn the O’odham and Apache against one another, thus easing the project of their subjugation.

A Change in the Occupation Government: Washington Enters O’odham Lands

In 1821, Mexican Independence from Spain was achieved and interest in the O’odham dropped away nearly entirely. By 1828, the new and secular Mexican government began the process of shutting down the missions in O’odham territory and by 1842, the last of the missions were closed. Soon after, in 1846, the United Stated initiated a war for territorial expansion against Mexico. This war was not of immediate consequence to the O’odham peoples. Isolated in desert regions, the fighting between the two occupation powers affected them little in the short run. However, the signing of the Treaty of Guadalupe Hidalgo in 1848, which ended the war, would lay the foundations for a series of disastrous events which would affect the O’odham in very negative ways.

Of greatest consequence to the O’odham was the fact that the boundary between the United States and Mexico was not finalized by the treaty of Guadalupe Hidalgo. The boundary was designated by Article Five of the Treaty as being an arbitrary line roughly following the 32nd parallel, an area which runs through the southern part of modern Arizona. To the east, the border was provided by the Rio Grande. The exact boundary line along the 32nd parallel was to be decided at a later date. It is also important to note here that the Treaty also provided that all Mexican citizens absorbed by the United States were to be granted U.S. citizenship, which included all indigenous peoples in the annexed territory since under Mexican law they were considered citizens. In the treaty the United States also assumed the responsibility for preventing cross border raiding into Mexico by the southwestern tribes, specifically the Apache. 14

In the aftermath of the signing of the treaty of Guadalupe Hidalgo, it became quickly apparent that an acceptable border between Mexico and the United States along the 32nd parallel would not be achieved. An official survey expedition was assembled by the United States and Mexico in 1849 to trace out the boundary between the two countries with little success. Various borderlines were agreed to and then abandoned and re-made by the United States, sometimes in a unilateral decision that dismissed the positions of the Mexican government altogether. 15

The principal concern for the United States was to secure title to an area of land in northern Sonora, Mexico that was ideally suited for the construction of a portion of the southern continental railroad whose building was being discussed in the U.S. Congress at the time. One of the main advocates for this southern railroad route was a South Carolina man by the name of Colonel James Gadsden. Gadsden’s history of connections to powerful business, military, and political leaders is very interesting and his appointment by the United States to be Minister to Mexico in 1853 serves as a very informative source to gauge the United States’ intentions towards Native Americans and the O’odham in particular.

James Gadsden was born into an influential southern family and graduated from Yale University. After enlisting and serving in the war of 1812, Gadsden was sent to the Florida territory with Andrew Jackson to aid in the campaign of removal and extermination being waged against the Seminole Indians, which took place from 1816-1818. After this war against the Seminole, Gadsden was appointed by President Monroe as commissioner to oversee the removal of the Seminole Indians to Indian Territory. Like the more famous removal of the Cherokee, the removal of the Seminole, and the high death rate suffered as a result, unarguably constituted genocide. 16 As a reward for a job well done, Gadsden was appointed by Monroe to a seat on the legislative council of the territory of Florida, thus beginning Gadsden’s political career. In 1840, Gadsden was elected President of the Louisville, Charleston, and Cincinnati Railroad. In 1853, the Secretary of War, an ardent white supremacist and slavery defender by the name of Jefferson Davis, appointed Gadsden to be Minister to Mexico. 17 As Minister to Mexico, one of Gadsden’s primary missions was to negotiate a final demarcation of the boundary between the U.S. and Mexico. Although Gadsden was a zealous believer in Manifest Destiny, his ideas concerning racial Anglo-Saxonism 18 caused him to be an opponent of the total annexation of Mexico. Gadsden, like many racist U.S. politicians of that time, felt that the total absorption of Mexico and its non-Anglo population into the United States would pollute the Anglo bloodline too much and thus he sought only to gain enough territory for the United States to build the southern pacific route. 19 Thus, a man who had presided over a war of genocide against the Seminole Indians, was a devout racist, and who had obvious conflicts of interest due to his connections to the railroads, was put into a position to determine the territorial boundary between the United States and Mexico and in the process also determine the boundaries of the O’odham’s land. With its appointment of Gadsden, the intent of the U.S. government could not be clearer. Business interests and territorial expansion were to run roughshod, by any means necessary, over any native peoples who stood in the way.

It is no surprise that when James Gadsden finally successfully negotiated a treaty with Santa Anna to secure what is now the southern portion of Arizona, the O’odham were not consulted. In fact, the Gadsden Treaty, signed into law in 1853, did not contain any mention of the O’odham at all. Considering that the new boundary line put in place by the Gadsden Treaty literally split the traditional O’odham lands in two, it is obvious that the intentions of the United States were in no way benevolent. Here it is also important to point out that the terms of the Gadsden Treaty specifically included the same citizenship provisions which were spelled out in the earlier Treaty of Guadalupe Hidalgo. 20 Although the Gadsden treaty was of great significance for the O’odham, their isolation and the outbreak of the Civil War enabled them to live another decade in relative isolation from Anglo encroachment.

Assimilation, Cultural Destruction, Double Speak and Ordained Genocide

The causes which the Almighty originates, when in their appointed time he wills that one race of men – as in races of lower animals – shall disappear off the face of the earth and give place to another race, and so on, in the great cycle traced out by Himself, which may be seen, but has reasons too deep to be fathomed by us. The races of the mammoths and mastodons, and the great sloths, came and passed away: The red man of America is passing away!
–United States Congress Committee on Indian Affairs report, 1865. 21

No doubt with similar justifications in mind as those of the Committee on Indian Affairs, Anglo settlers began their invasion of O’odham lands less than a year after the conclusion of the Civil War. The Homestead Act had opened up the lands of Southern Arizona to Anglo squatters and in 1866, one of the first of many bills was passed by Congress granting mineral rights to any citizen who claimed them. 22 Every one of these homesteads opened and every resource extraction operation initiated without the express consent of the O’odham represented an illegal action under the Gadsden Treaty. The citizenship provisions of the Gadsden Treaty had granted citizenship to all former Mexican citizens and the O’odham were, by legal definition, included in this formulation. The United States, however, refused to consider “uncivilized” peoples as being worthy of the protections granted to citizens by the fourth amendment of the U.S. Constitution, which prohibits the expropriation of property. This refusal of the United States government to follow its own laws pertaining to Native Americans when those laws happen to stand in the way of U.S. interests has been a common occurrence in United States Indian policy. This land grab was only the first of many illegalities committed against the O’odham people by the United States and its citizens. In this respect the O’odham are in a special position when compared with many other tribes. While the theft of native lands by the United States Government was usually legally justified by treaty stipulations signed between a tribe and the U.S. government, this justification could not and cannot be used in the case of the O’odham since no treaty was ever signed with the O’odham by the United States Government. 23

For the most part, the O’odham did not resist this initial incursion of Anglo settlement, rather the O’odham practiced accommodation and moved farther out into the desert to shield themselves from the new settlers invading their lands. Traditional ways were maintained with the exception of the introduction of cattle ranching. The O’odham territory was well suited for the raising of cattle and a good number of O’odham became cattle ranchers, both for purposes of subsistence as well as for sale to Anglos residing in and around Tucson. In the 1880s, as increasing numbers of Anglo cattle ranchers began to invade and take over their pasture, some O’odham began to resist.

The O’odham resisted by stealing the Anglo cattle herds which were rounded up and driven south to be sold on the Mexican market. The expropriation of Anglo cattle herds was not isolated, and it became a major concern for the settlers and the government. In at least one case, a large cattle outfit was driven out of business. 24 The concern over this outbreak of O’odham theft of Anglo cattle was large enough that newspapers as far away as Los Angeles ran stories about the phenomenon. For the most part these stories seem to have been deliberately used to justify the enclosure of the O’odham into reservations as the government and Anglo cattle ranchers seized the opportunity to gain even more O’odham land by arguing that it was an unfair burden for the Anglo cattle ranchers to have to “support” the O’odham. 25 Here, in previous case study, we have another common attribute of U.S. Indian policy in general, and one which occurs again and again in the history of O’odham contact with the U.S. government and Anglo settlers – blaming the victim.

Another official position of United States Indian policy during this time period was that everything done to the Indians was, in the words of Indian Commissioner J. Q. Smith, in their own “best interests.” 26 Whether this obvious sham was based on a subconscious guilt and delusion or was a cynical example of “double-speak,” it is obvious that Native American’s best interest’s were the last thing on the government’s mind. Nevertheless, with this reasoning as justification, the first official reservation for the O’odham was created by executive order of President Grant on July 1, 1874. This small reservation surrounded the Old Catholic mission at San Xavier del Bac. It is estimated that only about ten percent 27 of the desert O’odham took up residence within this reservation – these were labeled as “civilized” O’odham by U.S. census takers. The vast majority of O’odham were labeled as “wild” and continued to live in the vast desert regions west of San Xavier del Bac. While it is obvious that the desert O’odham were resisting cultural assimilation by avoidance, even the mission O’odham maintained a resistance to European culture as the next example will illustrate.

While visiting the old mission at San Xavier a newspaper columnist from the Los Angeles Times wrote that upon her visit in 1882, she could see “not a single civilized human habitation within miles.” This writer goes on to state that the O’odham’s dwellings were in the form of “conical mud huts.” In the casual racism and Social Darwinist rhetoric of the period she also adds that,

“The Papagos are but little in advance of gophers and prairie dogs in their habitations.” 28

The point is that after more than 200 years of European influence, even the mission O’odham continued to build their traditional shelters. 29

Progressivism and Cultural Genocide: The Dawes Act

In 1887, the General Allotment Act, also known as the Dawes Act, was signed into law. The Dawes Act was the staging point for the forced assimilation of those remnants of Native American groupings which had not been totally decimated by the preceding period of “Indian Wars” and forced relocations. The essential function of the Dawes Act was to disrupt traditional tribal land holding patterns and thus force Native Americans into the Anglo system of private property. The O’odham, like most other Native American cultures, did not have a concept of private property – land was held in common for the benefit of the village group. Communally held land was an essential pre-requisite for their Anarchistic political system and extremely de-centralized tribal structure. 30

The first section of the Dawes Act provides for equal “sections” of land to be parceled out to each “head of family.” This head of family was always understood to be the father of each family when land was allotted. Thus, this first section of the act not only attempted to destroy the communal land system of Native Americans, it also instituted Patriarchy as the basis for social functioning in Native America. 31 In addition, Section Five of the Act also provides that any un-allotted lands be subject to purchase by the United States government. Section Six and Seven provide that all monies paid by the U.S. for un-allotted Native lands be held for each tribe by the U.S. Treasury and “subject to appropriation” by the U.S. government to repay itself for the implementation of allotment as well as to provide for the “civilization” of Native Americans. 32 In less veiled words, these sections are basically stating that Native Americans will be forced to pay for their own cultural annihilation.

This interpretation of the intent of the Dawes Act becomes clearer when one looks at the arguments and debates that took place in Congress and within self described progressive “Indian rights” groups such as the Indian Rights Association. Critics of the Dawes Act in Congress such as Rep. Russell Errett understood that

“the main purpose of this bill is not to help the Indian troubles so much as it is to provide a method for getting at the valuable Indian lands and opening them up for settlement.” 33

And Senator Dawes, the namesake of the final bill, speaking of the land and resources of Native Americans stated that

“civilization has got after these possessions with a greed never before equaled but it is idle to expect to stay it….” 34

As for the progressive Indian Rights Association, they argued that

“the organization of the Indians into tribes is, and has been, one of the most serious hindrances to the advancement of civilization, and that every effort should be made to secure disintegration of all tribal organizations….” 35

And one of their leaders, Reverend L. Abbott, provided justification with the statement:

“Barbarism has no rights which civilization is bound to respect.” 36

So here we have a self-proclaimed progressive Indian Rights organization arguing for cultural genocide and against the notion that Native Americans have any rights that civilized people are bound to respect! This conclusion provides a perfect example of the essence of “progressive” or “civilized” thought.

The Dawes Act had a much less devastating effect for the O’odham than it did for many other Native American tribes. At the time of its passage, the only official reservation for the O’odham was the San Xavier reservation which, as was stated earlier, was only a small 71,090 acre reservation around the old mission San Xavier del Bac. When the allotment agent came to San Xavier in 1890, he allotted out 41,600 acres of land to the 363 O’odham whom he counted in his census as being resident at the time. 37 The vast majority of the O’odham still continued to live west of San Xavier in the expansive desert regions and were little affected by the allotment schemes. Even those O’odham who lived in San Xavier and were allotted land paid little attention to the artificial boundaries drawn on paper which supposedly privatized their land – they continued to farm and graze the land communally. 38 This refusal to abide by the provisions of the Dawes Act is also a form of resistance to cultural assimilation and adds one more example to show that for those O’odham who resisted, the most often employed method of resistance was non-compliance and avoidance. This specific response to colonization was made possible by the isolation and expansiveness of their desert home, which many Anglo’s continued to view as a “hopeless desert.” 39

The Domestication of the “Wild Papago”

The vast majority of the O’odham continued to resist assimilation and maintained a fairly traditional lifestyle – minus the introduction of cattle herding and horse rearing. In the twenty years following the passage of the Dawes Act, a growing effort was made to enclose the “Wild Papago” 40 and forcibly strip them of their traditional culture and instill them with the “civilized” values of the industrial Anglo. As was mentioned previously in the paper, ranchers and the government used O’odham cattle theft from Anglo ranchers as one tool to justify the enclosure of the O’odham within a reservation. During this period, Anglo Cattle ranchers continued to encroach deeper and deeper into O’odham territory and scuffles began to break out.

In another classic example of the “blame the victim” tactic, a pro-enclosure story was printed in the Los Angeles Times, no doubt to build public pressure for the domestication of the “Wild Papago.” The story concerns a group of O’odham who had resisted an Anglo cattleman’s attempts to enclose one of their water sources. When these O’odham continually tore down the fence that this cattleman had built, the rancher filed a report with the local Indian Agency sheriff to have the men arrested. When the sheriff arrived to arrest the O’odham responsible for defending their water source, he was taken hostage. The sheriff was later released unharmed; however, the incident was used to make the argument that such troubles can only be expected to increase if the O’odham were not enclosed on a reservation where they could be more easily controlled and monitored. 41

The tactic of occupying and diverting natural water sources was one of the tools used by the Anglo settlers and government to destroy the self sufficiency of the O’odham and force them into reservations where they would be dependent on the government for their water and would thus be easier to control and monitor. Some of the O’odham clearly understood what was happening, which is evidenced by instances of resistance both to the enclosure of natural water sources as well as resistance to the drilling of wells. One example of the U.S. government using water as a tool of forced cultural assimilation can be found by looking at an event recorded by an O’odham calendar stick 42 keeper. In 1912, the O’odham residing in the village of Santa Rosa, an isolated and traditional village in the western desert region of O’odham territory, were paid a visit by an Anglo Indian Commissioner who wished to drill a well for them. The Chief of the village objected to the drilling of the well on the grounds that it would disturb their culture, their autonomy and their self-sufficiency. The government agent proceeded to have the well drilled anyway. Upon completion of the well, the Chief of the village, according to the calendar stick keeper, stated that

“the well must be left alone and, in order that the Papagos might continue their old life, water must still be carried from the spring in the foothills.” 43

However, the prohibition by the Chief could not be upheld due to the overwhelming convenience of the new well and after a period of abstaining from its usage, the village of Santa Rosa (including the Chief) gave in and thus was assimilated into the industrial system by being made dependent on the Government well. 44 During this same time period, encroaching Anglo farmers engaged in the diversion of O’odham water sources to irrigate their farms. This practice served as another method of forcing the self sufficient O’odham into a relationship of dependence upon the government. In many areas so much water was diverted that the O’odham could no longer grow their traditional summer crops. 45

In 1919, the first incarnation of an O’odham reservation to enclose the nearly two million acres of desert that the “Wild Papago” were residing in was established. The formation of the desert O’odham reservation in 1919 ushered in a period of exponentially increased government interference in O’odham matters, and of course, the various forms of coercive assimilation were multiplied. By 1933, thirty-two unwanted wells were drilled all over the new reservation. 46 The well drilling was often opposed by those who were trying to maintain the O’odham Him’dag – the traditional ways of the desert people.

Resistance and Collaboration: O’odham Responses to Forced Modernization

In contrast to the traditional O’odham who had maintained resistance to cultural assimilation for the past 300 years, there was also a small number of O’odham based in the new reservation that welcomed collaboration with the forces of Anglo modernization and advocated for cultural accommodation and in some instances for total cultural assimilation. These men would later form an organization called the Papago Good Government League, which would serve as the propaganda arm of the Bureau of Indian Affairs and government policy in general. The leadership of this new faction had been taken from their families as youths and placed in Protestant boarding schools to be culturally indoctrinated. The Tucson Presbyterian Training School was one of the indoctrination centers where many future members of the Good Government League had been sent. 47

Religious indoctrination, whether Catholic or Protestant, has always been one of the most powerful tools of colonization and its justification used by European invaders against the indigenous peoples of the Americas. The necessary counterpart to the forced indoctrination of Christian principals and morals has always been the repression of indigenous spiritual practices. The United States government understood the profound power that traditional spiritual practices had in maintaining group solidarity and cohesion and it is for this reason that such spiritual practices were made illegal and repressed historically. In 1883, a Court of Indian Offenses was established by congress at the request of Secretary of Interior Henry M. Teller to eliminate traditional spiritual practices. In a report to the commissioner of Indian Affairs, Teller laid out his goals and his rationale stating that,

“If it is the purpose of the Government to civilize the Indians, they must be compelled to desist from the savage and barbarous practices that are calculated to continue them in savagery….”

Teller went on to associate those who resisted the repression of their spirituality with the “non-progressive” faction of Indians and labeled traditional spiritualism as “debauchery,” “diabolism,” and “savagery.” The overarching argument of his letter is that in order to civilize the Indians and bring them into the industrial system, their traditional spiritualism must be destroyed. As an initial step towards this end, Teller advised that Medicine Men be “compelled” to desist from their practice of “deception.” 48

Although the Court of Indian Offenses advocated that coercion be used to repress and destroy indigenous spiritualism, it failed to succeed in this project even when it used force to try to stop traditional spiritual rituals. According to Historian Edward Spicer, the only thing the Court succeeded in doing was driving traditional spiritual practices underground. In the case of many resistant O’odham, traditional spiritual practices were continued without regard to regulations or prohibitions against them, and in many cases, federal authorities resorted to repression and arrest to try to stop these practices. One traditional spiritual practice of the O’odham which was particularly hated by the Protestant Missionaries and Indian Agents was the Vi-kita ceremony.

The Vi-kita ceremony of the O’odham has been written about and studied by many Anglo historians and anthropologists, the most prominent being Columbia Anthropologist Ruth Underhill. 49 Before going into a short description of the Vi-kita it is important to understand that this ceremony varied depending on who was conducting it and where it was being conducted. Peter Blaine, an influential O’odham man sympathetic to the traditional ways, wrote in his autobiography about Underhill’s methods. Blaine explained the traditional way for the O’odham to tell about their past was to do it

“in a group so that everybody had a chance to talk and tell it their way. Underhill was talking to just one man…Dr. Underhill was wrong all the way in how she got her information.” 50

As scholars from the dominant culture often do, Underhill had applied her own notions of hierarchy, authority and individualism to her work with the O’odham and totally disregarded their traditional methods of conveying information in a communal fashion.

The Vi-kita itself was a yearly rain and fertility festival preformed to initiate and give thanks for the yearly summer rains. The ceremony itself consisted of the communal singing of rain songs, dancing, intimate encounters, and the consumption of Navait (Saguaro wine), an alcoholic drink made by the fermentation of Saguaro Cactus buds. The consumption of this wine was meant to symbolize the connection between the sky and the earth. The intake of the Navait was representative of the earth’s intake of rain. Participants drank Navait until vomiting occurred as this act embodied the clouds issuing forth rain unto the earth. It was a powerful ceremony that bonded the O’odham with the elements of nature.

When Protestant missionaries, and a small number of Protestant O’odham in the Good Government League, backed by U.S. Indian Agents, began their attempts to usurp power on the newly formed western O’odham (Sells) 51 reservation in the early 20th century, one of the first things they attacked was the practice of the Vi-kita ceremony. In the early 1930s, Peter Blaine explained that the traditional O’odham from the San Xavier reservation would travel to the western reservation for the Vi-kita. He states that,

“In the late 1920s the government tried to stop this wine drinking ceremony on the Sells reservation. But no Papago or Agency police could ever stop it.”

In one instance Blaine tells the story of how he helped defend three traditional O’odham Vi-kita ceremony leaders when they were arrested by agents from the Indian Bureau and jailed in Tucson. During the trial, a group of Protestant O’odham men from the Good Government League 52 argued for the repression of the ceremony – one of these men, Richard Hendrix, would continue to plague the traditional O’odham in future encounters. To respond to the collaborationist Good Government League, the resistant traditional O’odham formed the League of Papago Chiefs to counter the attempts of the Protestant Good Government League to usurp control on the reservation. 53

The Indian Reorganization Act and O’odham land rights

On June 18th, 1934, President Roosevelt signed into law the Indian Reorganization Act which finally stopped the forced allotment process initiated by the Dawes Act in 1887. The Indian Reorganization Act was viewed by its proponents as being in the best interests of the Indians. One of the reasons for this view was the fact that the Dawes Act and its forced allotment provisions had resulted in the loss of 90,000,000 acres of tribal lands and it was hoped by some, including then Indian Commissioner John Collier, that the Indian Reorganization Act could be used to regain some of this lost land.

The public was also encouraged to view the Indian Reorganization Act as being beneficial for Native Americans. A large article in the Los Angles Times entitled “The Bill to Return Indian Rights” stated that:

“After a century of graft, plunder and injustice, this bill has the objective of handing their own souls back to the Indians.” 54

However, such optimism and notions of cultural relativism were not held by all. As a precursor to the Indian Reorganization Act, a report was prepared for the Secretary of the Interior in 1928 to lay out the need for a change in Federal Indian Policy. The report stated that the “great majority of Indians are ultimately to merge into the general population” and that it was the government’s responsibility to assimilate Native Americans into “white civilization” because “the hands of the clock cannot be turned backwards.” Sympathetic attempts to help Native Americans retain their culture were stigmatized as attempts to “preserve them as museum specimens.” 55 Indian Commissioner John Collier was one of those who believed that Native Americans should retain their culture and that “the awakening of the racial spirit must be sustained….” 56 However, although the finalized Indian Reorganization Act did contain elements that were meant to “help” Native Americans, many of its articles were still designed to impose “civilized” systems on Native Americans.

It can be argued that the intent of the finalized Indian Reorganization Act was to initiate a new chapter in the push for the total cultural assimilation of the Native American tribes. The argument that there was no qualitative change between the Dawes Act and the Reorganization Act is legitimate. The Indian Reorganization Act provides the examples for the argument. The main tool of assimilation in the Indian Reorganization Act was the provision in Section 17 which allowed for Native American tribes to form their own tribal governments, constitutions and laws which, although it is not specifically stated, were intended to be Anglo in structure and functioning. In the case that these native governments were not sufficiently acceptable to the U.S. government, section 17 also provided that all Tribal Government formations must be “approved by the Secretary of the Interior.” 57 This clearly shows that the intent of the Act was not to allow Native Americans to become fully autonomous, either culturally or politically. For a tribe such as the O’odham, which had a long history of decentralization and consensus decision making, the imposition of western style liberal democracy, with its attendant centralization and majority rule system, was an obvious method of forced cultural indoctrination. Peter Blaine, who was mentioned earlier, was an O’odham man who had sympathy for the traditional, decentralized and communal way of O’odham societal organization. When the collaborationist Papago Good Government League began to maneuver themselves into the position of representing all of the O’odham, Blaine took it upon himself to lead the charge to discredit their assertions to business interests and the Federal Government that they represented the O’odham. Blaine wrote that:

“This so-called council represented only their own church people, but they took it upon themselves to become a council for all Papagos. They had meetings. Nobody attended them but these four guys because most people didn’t recognize them as leaders.” 58

In 1934 Blaine, along with another O’odham from the Gila Bend reservation named Leon Pancho became the first O’odham to travel to Washington D.C. These two men were sent as representatives of the traditional chiefs of the O’odham villages to argue against a recent court order that closed the Sells reservation to outside, Anglo owned, mining. The court order was a result of a lawsuit brought by the members of the Good Government League, including Richard Hendrix, who had teamed up with outside lawyers. These lawyers were to receive as payment a ten percent share of all land reclaimed from the mining companies, or a monetary equivalent. As this entire procedure was done behind the backs of the majority of the O’odham, when it was revealed, there was great resentment towards the Good Government League by many of the O’odham.

While in Washington D.C., Blaine was informed of the pending Indian Reorganization Act, and he became a supporter of the Act due to its provision allowing for the self government of Native Americans, as well as a provision in section Six that allowed the Secretary of Interior to manage mineral, mining, and livestock on the reservation. 59 In the case of the O’odham this meant that the reservation would be re-opened to mining and they would regain an important means of economic sustenance. According to Blaine, the mines were an important economic resource for the O’odham as they provided jobs and a market where beef and other O’odham products could be sold. 60 This is yet another unfortunate example of how the incursion of Anglo industrial technology served to destroy the self-sufficiency of the O’odham by making them dependent on it for survival.

Whether or not the mines were truly in the best interest of the O’odham is a complex topic which cannot be dealt with here. However it should be stated that Blaine and his companions’ trip to Washington D.C. was financed by the Tucson Chamber of Commerce, an organization that functioned in support of the mining interests, not the O’odham. This Tucson Chamber of Commerce was the same organization that had aggressively petitioned President Wilson to rescind his 1916 act forming the Sells reservation because it prevented Anglo agricultural interests from exploiting the area’s “best agricultural and grazing lands.” 61

Resistance to and Collaboration with the “White Man’s War”

Not long after the passage of the Indian Reorganization Act and the formation of the first O’odham Tribal Government, the United States declared war on Japan, thus entering World War II. The participation of Native Americans in World War II has been well publicized, especially the role the Dineh (Navajo) played as code talkers in the South Pacific. The United States government and the mainstream media portrayed Native Americans as being eager to fight for their homeland, and eager to assimilate into “white civilization” once they returned from the war. Nearly 25,000 62 Native Americans served in the United States military during World War II, many of whom were no doubt under the impression that their service would be rewarded with increased “rights” after the war’s end. Instead, as a “reward” for Native Americans participation in World War II the United States government established the Indian Claims commission in 1946 to legalize the U.S. occupation of Native American Lands never granted to the U.S. by treaty, passed House Concurrent Resolution 108 to terminate tribal recognition as separate entities from the Federal Government, and then instituted a plan in 1954 to relocate Native Americans off the reservation and into “Indian Ghettos” in the nation’s large cities. 63 These were the “rewards” for participation in World War II.

Like many other Native American Tribes, some of the O’odham Nations members participated in World War II. Ruth Underhill claims that the O’odham enlisted to serve in World War II “in droves” 64 and it is documented that the O’odham tribal government bought $10,000 in war bonds. 65 However, the extent of this involvement was distorted by the media, academia, and even some of the O’odham leaders in the tribal government. Richard Hendrix, a former member of the collaborationist Good Government League, had risen to prominence in the new O’odham tribal government by this time and was interviewed by the Arizona Archaeological and Historical Society on November 16, 1942. In this interview Hendrix exposed the extent to which he had allowed his mind to be colonized and assimilated into that of the dominant white culture. Speaking of colonization in general and World War II in particular, Hendrix stated that the O’odham had:

Learned to love the American government and they learned to love the Stars and Stripes. And when the war came and the time came for our boys to be registered, there was no exception. They registered just the same as white boys did. And now they are out fighting alongside the white boys, the American boys. They are just as anxious as the white boys to kill as many Japs, to kill as many Germans, and they are very anxious to win this great war so that the Papago people in this desert land may continue to enjoy the freedom of their homes. 66

Hendrix’s internalization of white supremacist racial notions is a heart breaking and shocking example of the extent to which he had accepted the ideology of “white civilization.” In addition, his assertion that every O’odham boy registered for the war with “no exception” is glaringly false.

Aside from the fact that there are always exceptions to everything, there was also a large scale organized resistance to World War II led by an old Chief and medicine man, Pia Machita, and his band of traditional O’odham who resided in an isolated village in the north western area of the Sells Reservation known as the Hickwan district. According to Peter Blaine, the O’odham residing in some of the most isolated villages in the Hickwan district had not seen a white man until the 1930s, and continued to practice the traditional O’odham Him’dag. 67 When Pia Machita was informed of the compulsory registration of young O’odham boys for induction into World War II, he instructed the youth of his village to refuse to sign the registration forms when they were visited by the local Indian Agent. Pia Machita was a very traditional leader who refused cultural assimilation and would not accept the authority of the Bureau of Indian Affairs or the O’odham tribal government. Finally, after all efforts to persuade Pia Machita’s village to register had failed, the tribal chief of police and a gang of Federal Marshals led by U.S. Marshall Ben McKinney invaded the village at two in the morning on October 16th, 1941, with tear gas bombs and guns drawn – when the Marshals attempted to take Pia Machita into custody some of the young men from the village used force to liberate him and severely beat one of the federal marshals. In the face of this resistance, the government agents and their local collaborators retreated to Tucson. When the Attorney General’s Office heard of the resistance on the O’odham reservation, they immediately got involved in the effort to repress this draft resistance movement as quickly as possible to prevent its possible spread to other reservations. By May 17th, 1941, after a period of about six months of trying to track down Pia Machita and his small band of men, Marshall McKinney and O’odham collaborators including Jose Ignacio from the tribal government, surrounded Pia Machita in the village of Stoa Pitk and took him into custody without incident. 68

Peter Blaine was the O’odham tribal chairman during the time that Pia Machita was leading the draft resistance movement. Although he did not believe that Pia Machita and his men were threats in any way, he was annoyed by what he perceived to be their stubbornness and attributed their draft resistance to his belief that they “didn’t really understand what they were doing.” 69 In reality, it was Blaine who did not understand the reasons behind Pia Machita and his men’s resistance to enlistment. Pia Machita and his men understood very well what they were doing – they were resisting giving aid to a government that they understood was their enemy. Given this understanding, and given the dictionary definition of the word “collaboration,” it becomes necessary to label those O’odham who participated in the arrest of Pia Machita as such – collaborators. The understanding that the U.S. government was the enemy of the traditional O’odham of the Hickwan district was based upon a long history of attempts by the U.S. government to force the Traditional O’odham of that area to abandon the Him’dag and embrace elements of Anglo “progress” such as dams, railroads, wells, and the protestant religion. Despite Peter Blaine’s inability to understand why the O’odham in the Hickwan district rejected Anglo-civilization in its totality, he still maintained sympathy for the people there. When Pia Machita and two co-defendants were finally sentenced to serve 18 months in prison at Terminal Island Federal Prison for their roles in leading the resistance movement, Peter Blaine eventually came to their aid and used his connections as tribal chairman to persuade the sentencing Judge to release Pia Machita early and allow him to return to the reservation and his family. 70

Conclusion

The history of the O’odham’s contact with the United States government has been one marked by a persistent current of resistance to cultural assimilation into “white civilization.” This resistance has included a variety of tactics and actions. The favored tactic of resistance to assimilation for many of the O’odham groupings seems to have been that of avoidance and feigned accommodation to Anglo culture when expedient. However, as was evidenced by the O’odham’s early history of contact with the Spanish, they did not refrain from waging armed resistance to colonization when they were pushed into a situation where other tactics might have been ineffectual.

In addition to resistance and accommodation, it has also been shown that some of the O’odham choose to engage in direct collaboration with the Anglo colonization of their lands and minds. As this paper has shown, the levels of collaborative activity amongst the O’odham varied, and so did the effects of such collaboration. When investigating instances of collaboration it is always important to understand the context which produced them and to remember that the ultimate blame for a situation of oppression should always be placed upon the group committing the acts of repression – in this case the United States government and allied business interests. It is important to show such examples of collaboration and to understand that all human cultures who have been the victim of colonization have invariably contained individuals who chose to collaborate for a variety of reasons. The O’odham are no exception to this rule. Making apologies for collaboration or failing to mention the instances where such collaboration did occur creates a historical distortion and does nothing to aid present struggles for liberation.

The O’odham responses to colonization never represented a totality, but a strong current of resistance is evident throughout their history. In regards to the United States government, it can be said, given the primary sources looked at, and the final drafts of laws signed and policies followed, that the intent of the United States government toward all Native American tribes, when it was not outright genocidal, has been the cultural destruction and absorption of remaining Native Americans into the dominant industrial culture of “white civilization.” Regardless of the varying tactics used, and the various lip service about “best interests” and “justice,” it has been shown that there has never been a qualitative change in United States policy toward the O’odham people and Native Americans in general. The O’odham have maintained aspects of their traditional culture despite the best efforts of the government to force assimilation, not as a result of such efforts. A continuing current of struggle between the forces of colonization and resistance has persisted for centuries, in all its various forms, within the minds and bodies of many O’odham and will continue until liberation.

NOTES:

1
This date is based on archeological evidence gathered by E.W. Haury in Ventana Cave. Haury, E.W. The Stratigraphy and Archeology of Ventana Cave Arizona. Tuscon: University of Arizona Press, 1950. Cited from Williams, Thomas R. “The Structure of the Socialization Process in Papago Indian Society.” Social Forces, Vol.36, No.3. p.253.

2
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tuscon: University of Arizona Press, 1989. pp.37-39.

3
The name “O’odham” is roughly translated as “the people” in the Piman dialect spoken by the various O’odham groupings.

4
In 1986 the tribal government of the Papago reservation officially changed its name to the Tohono O’odham Nation.

5
The term “civilized” is a problematic historical term, and its definition tends to be very subjective. The meaning of the term and its use as a label is heavily influenced by how the author and the reader understand its meaning. For the purposes of this paper, the term “civilized” refers to the totality of the “western” cultural, political, and economic system – and most importantly the belief that technological/industrial progress is inherently beneficial and liberatory. For most, being labeled “civilized” is viewed as a positive and the label of “un-civilized” or “savage” is viewed in the reverse. However, for the purposes of this study it is imperative to understand that this author views “civilization” itself as an inherently oppressive and destructive entity, and this must be kept in mind to correctly understand the arguments and analyses in the paper.

6
The term “soft power” refers to the concept of gaining influence and control over another group by means of the attraction of the dominating group’s cultural attributes and the use of commodification rather than using military might and coercion (“hard power”) to gain that influence. See Joseph S. Nye, Jr. Soft Power: The means to success in world politics. New York: Perseus Books, 2004.

7
Erickson, Winston T. Sharing the Desert: The Tohono O’odham in History. Tucson: University of Arizona Press, 2003.

8
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tucson: University of Arizona Press, 1989.

9
According to Catholic missionary records, the numbers of mission O’odham during this time period were somewhere around 2,000. However, according to population estimates there were at least 10,000 O’odham peoples living in this area. See Fontana, Bernard L. Of Earth and Little Rain . pp.11,46.

10
Fontana, Bernard L., p.40.

11
It is well documented that many of the Missions resorted to physical abuse, forced confinement and occasional murder to coerce the O’odham into compliance. San Xavier del Bac, the largest and most famous of Catholic missions in O’odham lands was built with forced labor. See Daniel McCool; “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981).p59.

12
Erickson, Winston P., p.66.

13
Fontana, Bernard L., pp.61-64.

14
Treaty of Guadalupe Hidalgo, Feb 2nd, 1848. United States Statutes At Large, pp. 922-943

15
For a detailed treatment of this series of events see; Garber, Paul N. The Gadsden Treaty. Glouchester: Peter Smith, 1959.

16
For more information on the removal of the Seminole; Stannard, David E. American Holocaust: The Conquest of the New World. New York: Oxford University Press, 1992. P.124. For additional information about the Seminole Wars see; Churchill, Ward. “A Little Matter Of Genocide: Holocaust and Denial in the Americas 1492 to the Present.” San Francisco: City Lights Books, 1997.

17
All dates for the political appointments of James Gadsden are cited from Paul Garber’s “The Gadsden Treaty.” Pages 74-81.

18
Racial Anglo-Saxonism was a belief popular in the later 19th century which held that Europeans of Anglo-Saxon descent were at the forefront of evolution and were responsible to bring civilization to the world. This ideology was used as a convenient justification for the extermination and removal of Native Americans. For a detailed study of this ideology see: Horsman, Reginald. Race And Manifest Destiny: The Origins of American Racial Anglo-Saxonism. Cambridge: Harvard University Press, 1981.

19
For a detailed investigation of the role that the railroads played in the Gadsden purchase see; Schmidt, Louis B. “Manifest Opportunity and the Gadsden Purchase.” Arizona and the West, vol.3 (autumn 1961).

20
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. p.1.

21
United States Congress. Joint Special Committee. Condition of The Indian Tribes. Report of the joint special committee, appointed under joint resolution of March 3, 1865. With an appendix. Washington, D.C.: United States Government Printing Office, 1865.

22
Erickson, p.77

23
During this time period many treaties were negotiated with native tribes in the regions west of the Mississippi to gain legal justification for the United States’ theft of their lands. For a detailed list of treaties signed between the United States and Native American tribes, see the compendium edited by Charles J. Kappler. Indian Affairs: Laws and Treaties. 7 volumes. Washington, D.C.: Unites States Government Printing Office, 1903-4.

24
Spicer, Edward H. Cycles of Conquest: The Impact of Spain, Mexico, and the United States on the Indians of the Southwest, 1533-1960. Tucson: The University of Arizona Press, 1962. p.138.

25
“Arizona News; Papago Cattle-thieves Brought to Justice.” Los Angeles Times. Feb 1, 1894. Also see: “Arizona News; Report Showing the Depredations Committed by Papago Indians on Stockmen’s Herds.” Los Angeles Times. June 8, 1895, In addition see; “Arizona News: Papagoes Destroying Cattle in Large Numbers.” Los Angeles Times. Mar 23, 1894.

26
Kehoe, Lawrence. “Our New Indian Policy and Religious Liberty.” Catholic World, vol. 26 (Oct. 1887). P.96.

27
Erickson p.78.

28
“Tucson And Fort Lowell; Notes of a Visitor – The Church of San Xavier.” Los Angeles Times. Nov 18, 1882.

29
The Spanish had brought the adobe style of construction to the O’odham but, although the resources for adobe construction were readily available to the O’odham at San Xavier, they continued to build their traditional grass huts.

30
For a detailed study of traditional O’odham tribal structure and life style see; Underhill, Ruth M. Social Organization of the Papago Indians. Columbia: Columbia University Press, 1939. ________. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

31
For the most part, traditional Native American societies exhibited gender parallelism and were rarely if ever patriarchal by definition. For a detailed study of gender in Native America see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

32
All direct quotations from Dawes Act. General Allotment Act (Dawes Act). February 8, 1887. Printed in its totality in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

33
U.S. Congress, House Committee on Indian Affairs, Lands in Severalty to Indians: Report to Accompany H.R. 5038, 46th Cong., 2nd sess., May 28, 1880, H. Rept. 1576, pp.7-10. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

34
Letter from Henry L. Dawes to Henry M. Teller (Commissioner of Indian Affairs), September 19, 1882. Dawes Papers, Library of Congress, Washington, D.C. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

35
Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. P.12.

36
Washburn, p.16.

37
Fontana, pp. 77-79.

38
Erickson, p. 92.

39
“Baboquivari Peak.” Los Angeles Times. Nov 4, 1894.

40
The term “Wild Papago” was a term used by the government and media to marginalize those O’odham who continued to resist “civilization.”

41
“The Indian War Cloud.” Los Angeles Times. May 22, 1885.

42
The Calendar Stick was a device used by the O’odham as a tool to aid in the remembering of their history. The Calendar Stick itself was a cactus stick on which notches were carved at various intervals which aided the history keeper in the remembrance of events.

43
Fontana, p.54.

44
This example is meant to show the insidious nature of industrial technology and is not intended to place any blame on this specific group of O’odham for their ultimate choice to begin using the well. This example is given to show how industrial technology always comes with strings attached. In this case, once the village becomes dependent on the well they in turn become dependent on the Anglo civilization which is needed to maintain the functioning of such a well, and thus become less able to resist other Anglo incursions. In addition it must be pointed out here that the traditional water gathering procedure talked about was preformed by O’odham women. Due to this fact, some may feel that by resisting the building of the well, the male O’odham are in fact seeking to perpetuate patriarchy. It is true that the O’odham did have a system of gendered roles, but the overall system made room for exceptions and is best characterized as one of gender parallelism, not patriarchy. It is the Anglo industrial system that brought patriarchy to the O’odham. For more information see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. Also see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

45
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. pp..5-8.

46
Spicer, p. 140.

47
Spicer, p.141.

48
All quotes taken directly from: House Executive Document no.1, 48th Cong., 1st sess., serial 2190, pp.x-xii. Reproduced in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

49
For a detailed account of the Vi-kita see: Davis, Edward H. The Papago Ceremony of Vikita. New York: Museum of The American Indian, 1920. Also see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

50
Blaine, Peter. Papagos and Politics. Tucson: The Arizona Historical Society, 1981. p.42.

51
The expansive western O’odham reservation was officially called the Sells reservation. It was named after the first Indian agent in the region, John Sells.

52
The Good Government League was formed by a small group of Protestant O’odham who used the organization to advocate for the assimilation of the O’odham into Anglo civilization as well as to promote general U.S. Indian policy.

53
Blaine, pp.40-50.

54
“Bill To Return Indian Rights ” Los Angeles Times. June 8, 1934.

55
Lewis Meriam et al., The Problem of Indian Administration. Baltimore: Johns Hopkins Press, 1928. Selection printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

56
Annual Report of the Secretary of Interior, 1934, pp.78-83. Reprinted in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

57
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

58
Blaine, p.50.

59
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

60
Blaine, pp.50-53.

61
McCool, Daniel. “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981). p.62.

62
Holm, Tom. “Fighting A White Mans War: The Extent and Legacy of American Indian Participation in World War II.” The Journal of Ethnic Studies. 9.2. p.70.

63
For more on this aspect of the Indian Claims Commission, and a discussion about the termination act see: Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979.

64
Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. P.94.

65
Blaine, p.115.

66
Hendrix, Richard. Talk by Richard Hendricks, Prominent Papago Indian, Given at the Arizona Archaeological and Historical Society, November 16, 1942. The Kiva, vol. 8 (Nov. 1942).

67
Blaine, p.92.

68
Flaccus, Elmer. “Arizona’s Last Great Indian War: The Saga of Pia Machita.” The Journal of Arizona History, vol. 22 (1981).

69
Blaine, p.101.

70
Blain, pp.103-4.

© 2004, REPRODUCTION FOR NON-PROFIT INFORMATIONAL PURPOSES IS ALLOWED

Uzi Landau doesn’t steal Palestinian homes because there is no such thing

Uzi Landau doesn’t steal Palestinian homes because there is no such thing

Dr. Uzi Landau speaks to University of Colorado Denver, October 28
DENVER- Israeli PR envoy Uzi Landau addressed CU Denver students today, the majority of whom were antagonistic to his message. Denver policemen lined the walls, altar and choir loft, as Landau went on about the mortal threat which “extremist” Islam poses to Judeo-Christian civilization. Landau likened Iran to Nazi Germany and Ahmadinejad to Hitler, but had no comparison for the nefarious and subversive terror plots which Iran has been foisting on the free world. I’m thinking perhaps, like the CIA or Mossad?

Landau entered the room strangely like a Mafia don, flanked by an entourage of black coats and security. A well dressed man and a woman who an hour earlier had been loitering behind me as I protested outside, and whom I took to be Russian when I heard them speak to each other, now appeared as part of Landau’s party.

CU Denver Auraria Campus in front of church

Due to the sudden snowfall, the campus closed for the afternoon. As a result, the turnout for Landau’s speech was sparse. The security detail of Denver and campus police officers which subjected attendees to metal detectors and bag searches, and kept vigil from the sidelines, would have been disproportionate even if all the seats had been filled. One got the impression that law enforcement were there to assure the audience stayed awake and respectful. Policemen could be seen conspicuously conferring about the seating area occupied by activist Glenn Spagnuolo and his colleagues. When Glenn rose and walked forward to queue for the microphone, a handful of the officers adjusted their positions accordingly.

Glenn was responsible for pulling together voices to oppose Uzi Landau’s appearance. Glenn had a personal connection to Landau, having worked in the occupied territories like Rachel Corrie, and knew the activist who was ultimately killed by a bulldozer working under orders of Uzi Landau. Subsequent to that event, Glenn was deported to Jordan.

When Glenn announced the protest against Landau’s visit, the CU organizers were faced with additional security costs, for which they had no budget. Attempts were made to negotiate calling off the protest. Ultimately the Israeli embassy fronted the funds for the added police.

You might ask, against whom were the officers protecting Uzi Landau? Considering audience members had already been search for weapons, were the police trying to prevent a citizen’s arrest?

The good news, Israeli PR envoy Uzi Landau is not a very good speaker. His heavy accent and habit of letting his voice trail off confident the audience is hanging on his words, makes Landau a fortuitous emissary for those cheering against a military attack upon Iran. The bad news is that landau is as far right as they come, and if he’s reaching sympathetic ears, there are too many racist Americans without any understanding of international law.

I was surprised to discover that this Israeli minister’s talking points were no more nuanced than the flack we receive at this website from IDF Internet Megaphone trolls. Landau reflected the same disrespect for the people from whom lands were taken, and are still being taken. He argued that soldiers must be permitted to target insurgents regardless the civilian casualties.

Landau spoke confidently without batting an eye about the plight of Palestinians. He justified increased Israeli settlements based on Israel’s better record of land stewardship, and of course, he argued that anti-Semitism nugget: why should there be any lands forbidden to Jews? Specifically, to paraphrase: “If Israel can be 20% Palestinian, why cannot the Occupied Territories be 20% Jewish?”

Because Israel then builds walls around settlements and claims more land.

To his credit, Uzi Landau was entertainingly pugilistic in his response to audience questions. Instead of ignoring comments being made out of turn, he took them on, so confident and self-righteous he was about Israel’s actions. Even in Gaza, even in the context of over 60 years of occupation. But to Landau, the Palestinian Problem is dismissed easily. Palestinians don’t exist. They didn’t exist, they didn’t accept the offers of statehood when given the chance, their opportunity past, they never were.

Landau accused his detractors of offering no facts. He, on the other hand, came equipped with facts. One fact of his, from history: Even before it was declared a Jewish nation by the UN, the land of Israel had been in continuous possession of the Jews. So called “Palestinians” only came to the area for the jobs the Israelis offered them.

One of the best questions posed had to do with borders. If G-d promised the holy land to the Jews, which land was that precisely, as defined by what borders? For example, the UN granted land to inaugurate the nation of Israel. It didn’t include Jerusalem, nor much of to what Israel is laying claim. Does the “promised land” encompass more than Israel has even now? What can be the expected boundaries of Israel’s assumed birthright?

Dr. Landau didn’t dwell long on this polemic, except to say with a smile: “that will depend on our neighbors.”

David Barsamian and a Vet For Peace

Activist scholar David Barsamian visited Colorado Springs yesterday to speak on Afghanistan and raise money for the Pikes Peak Justice and Peace Commission. Barsamian was his usual gracious and erudite self but the PPJPC can’t even embarrass themselves. At one point in his presentation, Barsamian talked of encountering a Vets For Peace participant, who’d been an active PPJPC member. “You remember Brian?” He asked the group, as if relating a greeting from an old friend. Blank stares all around. Barsamian scanned the room until his eyes reached Tony and I, demonstrably nodding our heads. “Of course you do” chided Barsamian, as he moved on. What a pathetic lot.

Phillip Garrido wants same deal as Pfizer

Can recidivist offender Phillip Garrido have same deal as Pfizer? In a note passed to a local media outlet, the accused abductor of Jaycee Dugard is demanding a deal similar to that announced for pharmaceutical killer Pfizer, who today agreed to pay $2.3 billion dollars to halt a civil and criminal case against it. Like Garrido, Pfizer is an unrepentant repeat offender. This is the fourth time the corporate felon escapes prosecution by paying a fee. Garrido respectfully suggests his fine should be smaller commensurate to his fewer victims. How will the serial rapist raise the funds, since donations to Pfizer or himself are unlikely to come pouring in from a sympathetic public? Garrido assures us that monies will be quickly recouped from the profits of future illegal ventures.