In response to Fed-Up's concerns and questions:

Both the Downtown-for-All table and the Police table were in the same place, about 4' from the Marini's entrance way, though not blocking it. This is an "illegal" place under the 1994 Downtown Ordinances (see MC 5.43.020a above) In both cases, people asked that the tables be moved to a legal spot. Police refused. We complied. Had we been ticketed, we would have had to pay a $162 fine. Had they been ticketed, it would have been thrown out. Yes, this is selective enforcement. No, I don't think your discussion shows you know what it means.

Neither of us should have been obligated to move our display, since it wasn't blocking anyone or anything. Merchants, however, through the Redevelopment Agency, City Council, and Police have laid claim, as I mentioned before, to a privileged position over 95% of the sidewalk.

Yet even their restrictive rules are ignored when police chose to do so---claiming, of course, merchant permission. The rules, of course, are designed so police can enforce them at will--selectively. In cases where merchants give permission, as Borders gave permission to Cosmic Chris the Guitarist some months ago, police may bully the store into rescinding the permission when the musician is playing on their private property or inform the musician that stores can't overrule the law.

We were first asked, then told to move our table. And, candidly, I believe the activist who confronted the police first asked and then demanded the police move theirs. As mentioned before, both our table and the police table were about four feet away from the entrance way. It wasn't clear to me that you were asking the exact distance.

This is documented in photographs that will be on display at Merry Monday 4-6 PM at Cooper and Pacific today. Feel free to take a look. We're also planning to post the photos on the indymedia website.

I believe it is an "attack" on all our civil liberties when police claim the right to do what they ticket others for doing. This is particularly true when they use that law and similar laws at other times to selectively ticket based on lifestyle or merchant preference.

I doubtt the police "intentionally" set up the table in violation of the law. Officer Howes may have been ignorant or indifferent to the law (perhaps falsely believing that merchants could "give permission" to violate the law in front of their stores). However, once informed of and shown the law, it was important for them to respect it or explain why not. They did neither. This is documented on a (rather difficult to hear) audio tape recording.

Your constant references to me in condescending fashion "Robert"..."alternate reality"..."paranoia" ..."wacky" do, in fact, show a rather nasty attitude towards me personally. You certainly have a right to your feelings, but I think it compromises your objectivity.

I also note, as did Steve Argue above, that you decline to give your real name. I put myself out there for anyone to question. My phone number is accessible. You apparently don't feel secure in doing that. This too, I believe, weakens your credibility.

That you can walk from one end of the mall to the other does not alter the fact that 95% of the sidewalk is now illegal to sit on or peaceful sparechange from. On January 15, even more of it will be illegal to perform or table from. This is privatization of public space at the behest of special interest groups enforced by the police. It's not paranoia, it's unfortunately reality. You may be happy with it. Many are not.

As for the click of police boots, you should have watched while police moved on a peaceful graphic artist and a guitarist at the planter in front of Pacific Trading Company and Costa Brava around 2:30 p.m. yesterday (11-3).

They were driven away under threat of $162 citation by Sgt. Baker, CSO Gray, and Officer Rodreguez around 2:30 p.m. today. I understand they also drove off a masseur who has been regularly offering services for donation near the Bookshop Santa Cruz. Your "busy, vibrant, and interesting" mall was a little poorer by three, thanks to these encounters--which happen daily.

For those interested, the Downtown Commission/City Council Sub-Committee on Downtown Problems meets today (Monday) Nov. 4 at 1 PM--originally scheduled for the City Manager's Conference Room. Oral Communications at the Parks and REcreation Commission (City Council Chambers) is at 4 PM, where activist Sherry Conable may be bringing up the issue of the "disappearing benches" downtown again. Merry Mondays will be showing video of the Marini's tabling incident around 4:45 p.m.

Activist Steve Argue returns to court 9:30 AM Dept. 5 tomorrow (November 5th) when Judge Atack will hold another hearing on whether to retry Argue on the "assault on an officer" charge, which was thrown out by a higher court because Atack failed to turn over discovery to the defense. Argue has already served 7 months for the charge, and the matter will probably be continued and then eventually dropped. The officer involved, David Lafaver, has left the police force after an Independent Investigation upheld charges of excessive force against Lafaver for his pain compliance hold on a mother and her child at the 1999 Bombing of Yugoslavia protest.

Argue also goes back to court to defend himself against his 3rd or 4th jaywalking ("walking while Argue") ticket at 10 AM, Friday November 8th in Dept. 2.

In another of Sgt. Baker's raids (ticket by Officer Hilliard in August) Richard Parsons, a disabled man with 9 ruptured discs in his back, goes to trial on November 8th as well at (8:30 or 10 AM, it's not clear which) for "lying down on the sidewalk. This was one of Baker's busts of the highly surveilled "Merry Monday", from which Baker's officers have stolen signs, given out multiple citations for chalking with erasable chalk, and spent literally hundreds of taxpayer dollars "observing"...no doubt for terrorist activity.

Please join us at the next Merry Monday, which is also the site of anti-war tabling. This next week may be crucial in mounting opposition to Bush's war drive.