January 31, 2012 Occupy Oakland & Russia Today & Eyewitness Reports
Commentary: "Please spread the fact that the mass arrest of 300+ was ILLEGAL -- no dispersal order was given, nor was an unlawful assembly declared at the arrest location. The media and OPD are flat-out lying about that detail. This is the most important point, in terms of our rights as citizens and OPD breaking their own protest policy. The 300+ were NOT arrested while attempting to occupy a building, they were arrested for marching on public streets a few hours later."
300+ were arrested, corralled below the YMCA @ 23rd and Broadway.
The only announcement that was made was one I've never heard before: You are under arrest. Submit to your arrest."
Occupy Oakland: Police Use Flashbangs and Tear-gas against Protesters Russia Today TV
Occupy Oakland Responds to Oakland Police Repression, Demands Accounting of Brutal Tactics, and End to Disinformation Occupy Oakland.org
OAKLAND, California (January 30, 2012) -- Occupy Oakland's building occupation, an act of civil disobedience, was disrupted by a brutal police response yesterday. Protesters were met with baton strikes, shot with rubber bullets, and exposed to tear gas along the route. Police immediately issued denials that tear gas was used; however, as many victims can attest, it was used freely and without regard to safety of the diverse crowd, which included families and children.
Later, in a subsequent attempt to Occupy an abandoned building in downtown Oakland, Oakland police arrested hundreds of demonstrators. Many were reported injured as police used batons to herd protesters into a kettle in front of the YMCA.
The OPD and City have issued several false claims that need to be rebutted. OPD claim that there was no tear gas used, a fabrication easily refuted by video shot by protesters. Police also claim that several officers were injured by protesters—again, there is absolutely no evidence of this claim, which is made at every demonstration and subsequently proven to be baseless. Protesters kettled in front of the YMCA, fled into the building, aided, at first by employees there. They did so to escape police, herding protesters against the walls of the building with baton-strikes. As always, police justify their actions by claiming that protesters attacked them or are a danger to others. But there are no reported injuries to police from protesters; a wedding party felt so unthreatened by Occupy Oakland, that it continued to have a reception in an art gallery in the plaza throughout the night.
City Administrator Deanna Santana and Police Chief Howard Jordan have made their intentions clear in the press statement released on Friday night. They intend to manipulate the law to intimidate protesters, implying that acts of civil disobedience and freedom of assembly are criminal, and targeting assumed leaders regularly with unannounced warrants for invented charges.
These actions from the OPD come at a time when the city of Oakland is laying off hundreds of workers, and following millions of wasted dollars in similar brutal police actions.
Residents of Oakland will not continue to stand for this behavior and Occupy Oakland is undeterred by such repression. We will continue the Sunday portion of its festival at Oscar Grant Plaza at 12pm on Sunday. Please join us.
Police Arrest over 300 Protesters at Occupy Oakland Russia Today TV
(January 29, 2012) -- Short version -- The mass arrests at Occupy Oakland occurred 4 hours after the violent incidents ended. The arrests occurred during a march, which had no protester violence, and the arrests were conducted unlawfully. Protesters marching on a public street were kettled by police after receiving no dispersal order. After the arrests, more incidents occurred back at the main plaza.
The media justifies the mass arrest by using a minority of the protesters actions at different times and places. In reality, the flag-burning, street battle, and City-Hall trespassing are legally separate incidents. The 2:30pm street battle became the justification for calling the 5pm march a 'riot', even though the 5pm march had different people, a different purpose, and no incidents of protester aggression. Protesters were charged under CA Penal Code 409, which reads:
Every person remaining present at the place of any riot... after the same has been lawfully warned to disperse... is guilty of a misdemeanor.
This was an illegal mass arrest because no "lawful warning to disperse" was given. In order for it to be lawful, the warning must be loud, repeated, location-specific, cite the penal code, and identify the direction to disperse in.
This march was simply stopped with a kettle, and the only police announcement stated, "You are under arrest. Submit to that arrest." The police cannot arrest a mass group of people for the actions of a minority at a different time and place! This post is not about Occupy, it is about the First Amendment!....
Please spread the fact that the mass arrest of 300+ was ILLEGAL -- no dispersal order was given, nor was an unlawful assembly declared at the arrest location. The media and OPD are flat-out lying about that detail. This is the most important point, in terms of our rights as citizens and OPD breaking their own protest policy.
The 300+ were NOT arrested while attempting to occupy a building, they were arrested for marching on public streets a few hours later. The late-night incident at city hall was a response to the mass arrest, occurring while police resources were tied-up at the arrest site.
Please remember you do not know me, and should not make assumptions. I do not endorse many of the things I saw. This post is meant to provide a first-hand report of yesterday's events, not as a sweeping endorsement or justification for OO's tactics.
I feel for the people of Oakland who support occupy's ideals, but are firmly against aggressive protest tactics and police provocations on their streets. However, I am young and able-bodied, and therefore have a duty to show up at these incidents and report the truth.
BEGIN For the internet, here's a first-hand account of Occupy Oakland on 1/28/2012, because the news never tells the full story. I'll tell you about the street battle, the 300+ arrests, the vandalism, the flag burning, all in the context of my experience today. This is deeper than the headlines. No major news source can do that for you, but Reddit can.
The stated goal for the day was to "move-in" to a large, abandoned, building to turn it into a social and political center. It is a long vacant convention center -- the only people ever near there are the homeless who use the space outside the building as a bed. The building occupation also draws attention to the large number of abandoned and unused buildings in Oakland. The day started with a rally and a march to the proposed building.
The police knew which building was the target, surrounded it, and used highly mobile units to try and divert the protest. After avoiding police lines, the group made it to one side of the building. Now, this is a very large building, and we were on a road with construction fences on both sides, and a large ditch separating us from the cops. The police fired smoke grenades into the crowd as the group neared a small path around the ditch, towards the building.
They declared an unlawful assembly, and this is when the crowd broke down the construction fence. A few people broke fences to escape the situation, others because they were pissed. A couple more fences were taken down than necessary, but no valuable equipment was destroyed. They only things broken were the fences.
The crowd decided to continue moving, and walked up the block to a more regular street. We decided to turn left up the street, and a police line formed to stop the march. They again declared an unlawful assembly. The protesters challenged the line, marching towards the police with our own shields in front. You can see the shields in the earlier-linked visual, some small and black and a few large metal sheets.
The police fired tear-gas as the group approached, and shot less-than-lethal rounds at the crowd. The protesters returned one volley of firecrackers, small projectiles, and funny things like balloons. A very weak attack, 3 officers may have been hit by something but none of them got injured. Tear gas forced many people back. The protesters quickly regrouped, and pressed the line again. This time the police opened fire with flash-grenades, tear gas, paint-filled beanbag shotguns, and rubber bullets.
After the police fired heavily on the protesters, they pushed their line forward and made a few arrests. The protesters regrouped down the block and began to march the other way (followed by police), back to Oscar Grant Plaza.
All of this occurred during the day, but it was that street battle that set the tone for the police response later in the evening. After taking a break in Oscar Grant Plaza, feeding everyone and resting, the group headed out for their evening march. Around 5pm, the group took to the street at 14th and Broadway and began a First-amendment sanctioned march around the city. The police response was very aggressive.
About 15 minutes into the march, the police attempted to kettle the protesters. This march was entirely non-violent; nobody threw shit at the cops and an unlawful assembly was never declared. This is a very important detail. The march was 1000+ strong, conservatively. The police were very mobile, using 25+ rented 10-seater vans to bring the 'troops' to the march.
For their first attempt at a kettle, the cops charged the group with police lines from the front and back. They ran towards us aggressively. Us being 1000+ peaceful, marching protesters. The group was forced to move up a side street. The police moved quickly to surround the entire area; they formed a line on every street that the side street connected to. Police state status: very efficient. They kettled almost the entire protest in the park near the Fox theater.
AFTERWARDS, as in after they surrounded everyone, they declared it to be an unlawful assembly BUT OFFERED NO EXIT ROUTE. Gas was used (didn't hit me, could have been tear or smoke gas. If I say tear gas, like earlier, I felt it and know 100%.).
The crowd then broke down a fence that was on one side of the kettle, and 1000 people ran across a field escaping a police kettle and embarrassing the entire police force. It was literally a massive jailbreak from a kettle. The group re-took telegraph ave. and left the police way behind.
At this point, I was on edge because I knew the police were not fucking around tonight. Because of the incident earlier in the day, I realized they were effectively treating the peaceful march as a riot. There was not rioting, or intentions to riot, just dancing, optimism, hope, and walking. But clearly the police thought differently, and I knew they would try to trap us again without warning. From the moment I saw riot police running towards our march from both directions, I knew the constitution would not apply in Oakland tonight. The police made that very clear. My friends thought differently, thinking that they would not be arrested for marching. They are currently in jail.
The second, and successful, kettle occurred as the protest was headed back up Broadway, at Broadway and 24th. Again, the police appeared quickly in front of the crowd, as well as a line behind the crowd. This time there was no side street. A few people attempted to escape into the YMCA; some misinfonformed news reports claim that the YMCA got 'occupied'.
Around 300 people were trapped, mostly young people. At this point I had fallen behind the line of riot police in back of the crowd, and when the kettle was sprung I was on the other side of the police line. I have a policy of avoiding arrest, but I feel like I've been striped of some dignity. I've seen some shit go down in oaktown, but I've always avoided arrest because it was easy.
Most mass arrests occur when people choose to break the law (ie occupying Bank of America in SF with a tent to send a statement to UC Regent Monica Lozano). At 'unlawful assemblies', people are usually extracted by a quick attack of 5+ cops, and they're often 'targets' (previously-identified and profiled protesters). If the crowd is too large, they use tear-gas.
Tonight was different. When I fell behind the group, I feared they were about to arrest a very large number of peaceful protesters without declaring an unlawful assembly at the location. And then they did. I thought this shit was reserved for G20's and WTO meetings. I felt shame for being intimidated away from my rights. 'Unlawful assemblies' feel like a boot stomp on the first amendment, but this was like them wiping their ass with the constitution and force feeding it to me.
300+ were arrested, corralled below the YMCA @ 23rd and Broadway. The only announcement that was made was one I've never heard before: "You are under arrest. Submit to your arrest."
The 300 protesters were then arrested, one by one. They were ziptied and sat in rows while they waited to be processed. OPD set up an entire processing station behind police lines, where they searched and identified every protester. They were slowly loaded onto buses, including local public AC transit buses. This took about 4 or 5 hours.
Outside the police lines, things were still happening. A group that escaped the trap decided to head back to Oscar Grant Plaza. I do not know how, but they opened the front door to city hall and occupied the building. Opened, as in no window smashing. The move was not meant to be an occupation but more of a show of solidarity to the 300 arrested protesters down the street. When all the people being arrested heard the news, they let out a big cheer...
..At this point I ran to Oscar Grant Plaza. When I arrived there were only 8 riot cops guarding the open front door, but more arrived very quickly. No one was inside the building anymore, but many had gathered in the Plaza. Someone burned an American Flag in front of city hall. I've seen the same guy do it before; frankly he's weird and it's kind of his thing.
One thing to note is the police arrested to wrong part of the protest. Most people arrested were young peaceful types. Aggressive protesters, and anyone with a record, are usually very good at avoiding arrest. Point being, back at the plaza opportunists began their work. I saw some young 'jugalos' spray-painting a wall with "jugalos for life" shit and then take photos next to it. They were just young and stupid kids; some good protesters cleaned it up later in the night.
Some CBS and FOX news crews forced to leave the scene, with people spanking their van. They had already gotten the footage of someone burning an American Flag in front of city hall, so their work was done.
The crowd was angry about what happened, and milling around the plaza and downtown area. At one point, the first of the 9 busloads of protesters drove past 14th and Broadway. People cheered for the ones inside, and chased it down, slamming on the sides of the bus. None of the other buses came past the plaza.
There is about 30 police in the immediate area, 20 in front of city hall and 10 near 14th and broadway. Clearly they were stretched thin, and did not expect the city hall incident. Mutual aid been called it; I saw cops from Oakland, Alameda County Sheriff, Pleasanton, and Berkeley.
I walked back down to the 300 arrests in progress to try and get some information or spot my friends, but all I could do was wait and watch from behind the police line. My phone died. Not much happened, a lot of waiting and talking with people who also had friends on the other side.
People included one French women who talked about how in France this would never be tolerated, and a teacher of one of Oakland's 10 schools being closed who was out on his birthday 'for the kids'. Eventually, I decided I needed to charge my phone, get on the internet, and figure out where and when my friends will be released. Siting down on BART was great after a long day of walking.
I got home and viewed OakfoSho and PunkboyinSf on Ustream to stay posted. OakFoSho filmed the entire arrest from above, I was able to look for my friends from his stream. All props to that guy. I saw that with the new development at Oscar Grant Plaza, they had to call in mutual aid from San Francisco, Marin, and San Mateo. They declared the 14th and Broadway an unlawful assembly and slowly dispersed the dwindling crowd. No tear gas this time!
Now that this incident is on-record, I'm gonna get a little sleep, then go pick up my friends from jail.
If you only remember one detail be it this: Tonight's mass arrest occurred without a dispersal order. No law was broken. The only order given was: "You are under arrest. Submit to your arrest." 300 peaceful protesters walking down a street were trapped and arrested unlawfully.
A note about police militarization: I saw some big guns and scary gear tonight. Alameda County Sheriff seems to have an endless budget for that shit. But tonight I saw something much scarier, that I've never seen before. First, I saw that the police have a printed profile books of protesters. I saw a cop flipping through pictures with descriptions, talking about who on their list they've seen today.
When resting in Oscar Grant Plaza, a cop was filming the plaza from a rooftop in an adjacent building. They're always filming, some have cameras on their bodies now, but this was clear spying and sophisticated intelligence gathering and analysis.
Second, a very large tank on wheels, with a water cannon on top, rolled on scene. Someone said it was called a "grizzly", but I can't find a photo anywhere. help? It was massive, and I stood right next to it before they brought it behind police lines. It was a hardcore, modern urban tank. The police are funded and prepared to use a water cannon on protesters, if need be. Know that.
The thing about Occupy, and especially Occupy Oakland, is it refuses to exclude. We are the 99%, and we mean it. The homeless and disenfranchised were welcome in the camp from day 1. The crime rate in Downtown Oakland went down, and some people finally had a safe place to sleep. Idealistic youth, google techies, students, teachers, parents, children, poor, homeless, workers, all coming together. It rekindled hope for a lot of people. Occupy changed the conversation. The idea is more important than any one protest.
An idea cannot be stopped. It is no longer about occupations; instead, it's about bringing people together. The 99%, all with their own problems and concerns, have brought their collective attention to the root of the forces preventing them from making a better world.
A lot of the people arrested today were my peers...a lot of young people and students. For us, the occupy movement can't be diminished or co-opted...it's bigger than occupy. I will seek the changes I marched for tonight until I win or die. It is the task of my generation, worldwide, to return power to the people. Governments around the world are quickly realizing that our generation will not back down. This is bigger than 'occupy', this is bigger than one country, one problem, or one protest. The people want their world back. We are fighting for our future, and we are winning.