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Selective Enforcement Against the Vigil--Updates

Lulu Carpenter's Manager Assaults Peace Activists; Cops Harass Vigil Around the Town; Anti-War Updates
Cops Use “Move Along” Law To Roust Week-Old Protest
Vigil Against Two Wars Stripped of Table, Food, Chairs
Lulu Carpenters Manager Assaults Vigilers at Jamba Juice Plaza

Four Days to Stop the War in Iraq ?


A Lulu Carpenters manager threw cups at one woman and coffee at another vigiler and declared all protesters were
barred from the cafe after a bill dispute. Vigilers reported he said “their kind” was not welcome. The manager followed up by banning a Free Radio Santa Cruz broadcaster seeking to get the manager’s side of the story. The manager called police unsuccessfully to evict the reporter from the public sidewalk in front of the Pacific Avenue cafe. Vigilers cited the manager’s action as another example of the War on the Poor downtown & asked supporters to boycott the cafe. In the hours that followed passersby
recounted numerous stories of this manager’s abusive behavior towards customers & workers alike. Report incidents to 423-4833.


On Thursday March 13th in the late afternoon, SCPD Officer Wendy Bines told the vigilers they’d have to move their table every hour or get a $162 citation and risk confiscation of all their possesions and literature. This first-ever application of the “Move Along” law followed Sgt. Jack McPhilips’earlier attempt to shove the vigilers to the sidewalk.

McPhilips falsely claimed that 3/4 of the sidewalk in front of O’Neill’s was private property and that vigilers had to move 10’ beyond that line. The actual law states the 10’ “forbidden zones” are to be measured from the O’Neill’s building itself not from O’Neill’s unfenced sidewalk area. .

After a week of repeated and unsuccessful harassment, surveillance, early morning wake-ups, false information about the laws, arrest scares, and good cop/bad cop drama, the SCPD finally pulled out new Downtown Ordinance 5.43.020(2). The Mathews-Rotkin “Move Along” law was passed unanimously by the Reilly-Kennedy Council on January 14th.

It requires those using “display devices” (e.g. tables with political literature) to move every hour at least 100’ and not return to the previous spot for 24 hours. Legal spots are limited along Pacific Avenue & rare-to-nonexistent in other business districts due to the Council’s
requirement that all displays be 10’ from a building, a crosswalk, a kiosk, a bench, a telephone, a drinking fountain, and/or an intersection.

For several weeks police have illegally used the “Move Along” law to intimidate & exhaust musicians though open
guitar cases are not considered display devices and a new provision of the code makes musicians exempt from the solicitation ban.

Councilmember Mike Rotkin promised that the Constitutionally-crooked “Move Along” law would never be used against political activists; the Vigil Against Two Wars was the first political target. Councilmember Kennedy had assured the community that there would be adequate “exemption zones”; there are no such zones; his committee to establish such zones has never had a public meeting.

On Friday, SCPD Lt. Patty Sepone announced “Move-Along” would regularly be used against all political tablers, though “respectable” WILPF activists in front of the Bookshop Santa Cruz have apparently not been targeted (nor
offered support to those harassed). Neither Sepone nor Bines had any explanation as to why the law has never been used against the vigil or other tablers until Thursday. One activist called this “another example of the absolute authority City Council has given the SCPD downtown as part of its war on the poor.”

Bines required vigilers to abandon their tables, numerous signs, food, most protective tarps and gear, and in order to avoid one hour move-along requirements. On Thursday evening, they moved in front of Border’s bookstore. At 2 a.m. Friday morning, the vigilers called for help when a drunk wearing a knife from a nearby bar shoved Olivia Brownrabbit. Police responded with drawn guns, jacked up the vigilers and demanded the they move.

Meeting resistance from Brownrabbit and the prospect of a “Cops move vigil at gunpoint" story on the morning news, police put back on the velvet gloves offered not to harass them at the post office. The Vigilers moved to the eaves of the post office, joining a few illegal sleepers then reappeared at the plaza in front of Jamba Juice at Pacific and Front streets. “Each time we call the police for help,” said one protester, “they target us.”

The national Associated Press news picked up part of Sentinel writer Dan White’s story on the Vigil 3-11: “Santa Cruz - -- A peace protest which started Friday in front of a Santa Cruz surf shop is still going on, and there's no end in sight...The rotating group has set up shop at the O'Neill surf shop at Pacific Avenue and Cooper Street. Organizer[s say]... the demonstrators are
opposed to a U.S. war in Iraq, and what..[they] called a war on the poor in Santa Cruz.”


The International Co-Ordination Against War met March 1 in London. It announced “a massive escalation” of the anti-war
movement. There will be direct action at military installations & to stop military transport, mass pressure on parliamentary & United Nations representatives, student strikes & occupations, workplace industrial action, the establishment of peoples' assemblies & popular consultations against war.

Whether or not the UN agrees to the war. “Every day now is crucial in the campaign to stop war.” March 21 will be a day of world-wide labor solidarity against the war. “On the day of an attack we call for mass protests in the center of every town & city in the world. The following Saturday we call for mass demonstrations in every capital city. We stand
shoulder to shoulder with the people of Iraq in urging everyone, everywhere to play their part in trying to stop this insane war.”

Monday, March 17th at 12:15 p.m., Free Radio’s Vinny Lombardo (“the V Man”) will host a show on KSCO (AM 1080)
including Wade Hudson, a Boulder Creek man now in Bagdad with the Iraq Peace Team, Charlie Richardson of Military Families Speak Out, and Erik Gustafson, Gulf War vet and Iraq expert. Call-in at 479-1080 or 477-1340.

People in Santa Cruz County will be holding candlelight vigils on Sunday, March 16, part of an international action to oppose war. Santa Cruz vigils are to begin at 7 p.m. at the Santa Cruz Clock Tower, the Santa Cruz Lighthouse on Westcliff, the Capitola Esplanade, and the corner of Mill St. and Highway 9 in Ben Lomond. Bring a candle.

Protesters are gathering by the hundreds of 1000s in the rain in San Francisco to resist the U.S.’s Operation "Shock and Awe" which will unleash 3,000 precision-guided bombs & missiles in the first 48 hours of the bombing war against Iraq unless we stop it.

As stocks rocketed higher on Wall Street, Bush’s mouthpiece Ari Fleischer dismissed Chile’s compromise UN resolution
calling for Iraq to meet the following guidelines within 30 days: (1) Allow at least 30 Iraqi scientists to be interviewed outside the country; (2) Disclose mustard gas shells or full documentation to confirm their destruction. (3) Disclose 10,000 liters of unaccounted for anthrax or documentation to prove it no longer exists. (4) Destroy the rest of the Al Samoud 2 missiles and their components, and
(5) Provide full document on remotely piloted vehicles, or drones.

Non-essential personnel is being withdrawn from US embassies in the Middle East as U.S. B-1B Lancer bombers were used for the first heavy bombing raid since the four-day air war in 1998 to attack Iraqi radar in Western Iraq.

The Air Force joined the Army & Marines in implementing rarely-used orders to block 21,000 service personnel from leaving the military.

AP predicts a Bush war ultimatum speech as early as Monday coming out of the last-ditch “meeting of the militarists” at the Azores Islands this weekend where Bush will meet with Spanish & British junior allies in a likely abandonment of any proposed UN resolution.

Iraqi Foreign Minister Naji Sabri rebuffed a high-level Arab League peace mission, scheduled to travel to Bagdid, saying top Iraqi officials owuldn’t have time to meet with the foreign ministers of Egypt, Syria, Lebanon, Tunisia, and Bahrain and the secretary-general of the Arab Leage Amr Moussa. The Arab League called the postponement “negative” and “ill-timed”, saying it “censored Arab efforts...for finding a way to avert the war and destruction.”.

Iraq announced it would release 349 Iranians jailed
since the 1980-88 Iraq-Iran war; Iran agreed to free all 1241 of its prisoners.


On Thursday afternoon, Vigil supporter Becky Johnson of HUFF had her appeal of a September chalking-a-peace-symbol-on-the-sidewalk denied by Judges Atack, Danner, & Kelly--who suggested chalking would create a “pedestrian traffic hazard”, affirmed “the sidewalk is not a blackboard”, & insisted the ordinance was not vague.

The 3-judge panel dismissed the fact that the “defacing the sidewalk” ordinance did not specify writing, but mentioned only “advertisements, signs, marks or paint”. It agreed
that the ordinance had been enforced in a content-neutral manner though the law has only been used recently & exclusively against poor & homeless people & activists. No citations were apparently written prior to 2000 under the 1964 law for chalking, though that could not clearly be determined because police quickly purged all earlier records and struck out the names of those cited since.

On Friday morning, Commissioner “Junk Justice” Joseph convicted Johnson of a 2nd chalking charge for her July chalking of the 14’ “forbidden zone” lines on the sidewalk--two days before City Council passed the anti-homeless “no sitting, no peaceful sparechanging” ordinances, based on inaccurate maps. Joseph, who earlier denied the First Amendment applied to erasable chalk in the first Johnson case [see above]

Though Joseph admitted the police had given Johnson a “runaround” in not providing an audio tape in a timely manner, he refused Johnson a continuance.

Vigil activists Shelsea, Gabe, T.J., Charlotte, and Lex, face $162 chalking charges for chalking peace statements on the sidewalk near O’Neill’s at the earlier vigil site. Jim, was ticketed several weeks before for writing “No War” on the sidewalk on citizens arrest from Host Gina Ramirez, even though he has a speech defect which prohibits him from clearly saying those words.

HUFF activists will be holding “Fight Your Chalking Ticket” forums on the sidewalk next week.

Meanwhile clerks at the basement infractions ticket window in the County building announced that they would not take letters disqualifying Referee Mulligan unless the specific code section California Rules of Court 170.6 was cited by number. Mulligan is a county bureaucrat who regularly finds poor people guilty.

CCP 170.6 gives each defendant one disqualification. Mulligan recently required that he couldn’t be disqualified in a simple letter unless the code section number was cited Further, he barred clerks from revealing the number, claiming that was "legal advice". Instead defendants have been sent to the law library looking for “appropriate forms” that do not exist. When asked whether an alternate policy, the clerks said, “Write a letter to Referee Mulligan and ask him to disqualify himself.”

This flyer is by HUFF [Homeless United for Friendship & Freedom], which endorses the Vigil Against Two Wars but does not speak for it. The opinions expressed herein do not necessarily represent the opinions of all of the vigilers themselves. I have tried to report the facts as they were reported to me by vigilers and/or witnessed by me personally. --Robert Norse For additions, corrections and additional info: contact me at 423-HUFF.

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