Showing posts with label laws. Show all posts
Showing posts with label laws. Show all posts

Tuesday, September 16, 2014

WHAT OPTINSTL HOPES TO SAY TO THE COUNTY COUNCIL AT TONIGHT'S MEETING

This meeting will likely be packed, but this is what I am hoping to say to the Council:

First of all, I would like to remind everyone that it is public tax money that pays for every one of your salaries. Taxes pay for the police, and their guns and their jails. Public money paid for Darren Wilson to shoot Michael Brown, Jr., and we continue to pay Wilson while he awaits the Grand Jury verdict. All of you are paid public servants, and you answer to us- whether we vote or not, and even if we individually do not pay property or income taxes, or do not pay them all the time. You are not legally allowed to pick and choose who you listen to or serve. You serve all of us.

We The People, are your true employers. We are who you answer to. We have not been exercising our authority enough, but that has changed. And it is the First Amendment that guarantees that we have the right to assert that authority. There is no higher authority in the U.S.

The police, and those that give them their orders, have been in violation of Constitutional Law in regards to the protests. Almost all of the arrests made were done while the police were acting illegally, and most of the arrests are illegal.

Constitutional Law is the highest law in the land, and the police and government officials should understand it or be held accountable. If a Police chief ordered one of his officers to steal cigarillos and the officer complied, he would still be guilty of theft. The police are not above the law. They do not make the law. And they are not authorized to change it to make their own jobs easier.

First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

There is no such thing as "Unlawful Assembly". The entire USA is a Free Speech Zone at all times. There is no curfew on the First Amendment. There is no law that protesters keep moving. And just because there might be some "un-peaceable" protesters, does not mean that ALL the protesters can be arrested. The First Amendment does not allow for suspension to make it easier for the police.

The police are representatives of the Government, and we are petitioning the Government for a redress of grievances against the police and the judicial system. The police have essentially been doing nothing more than counter-protesting, using their authority and weapons against us. No one has done more "rioting" or caused more violence than the police. Tear gas, military vehicles, filled with men armed with assault rifles. And every one of them acting as illegally as the few looters during the first few nights.

The justification for setting up illegal roadblocks, assigning people to "Approved Assembly" areas, quarantining the press in a similar manner, and arresting people for "failure to disperse" has been justified because of the POSSIBILITY that SOME people MIGHT break the law and loot, etc.

But even these justifications are illegal. I was arrested on my way to the I-70 and Hanley demonstration. The police had illegally blocked off Hanley because they asserted that everyone that was attending might "illegally" walk out into the highway.

They also sited "safety issues". For instance, one officer said "what if someone ran out in the highway and got hit by a car?" Well, first of all, and I will be looking into this, the First Amendment rights of We The People probably require that if we wish to assemble on a public highway, that the police shut it down for 4 minutes for our protest. Moreover, since they DID shut down Hanley, there was no reason that we could not have assembled on the overpass, in the street. And since the First Amendment does NOT require a permit to assemble and petition the Government for a redress of grievances, we have even more right to protest than the St. Patrick's Day parade has the authority to shut down Market street.

I had come to be part of the protest, but had no plans to block the highway. I had come to hand out leaflets encouraging St. Louis County voters to write-in and vote for Michael Brown, Jr. as Prosecutor, to send a message of discontent to Robert McCulloch, who is running unopposed. 

http://optinstl.blogspot.com/2014/09/november-4th-2014-vote-for-michael.html

I came because I knew the First Amendment would be violated by the police, and that there would be illegal arrests. And I wanted to be there to remind people that those arrests were illegal.

I was charged with "trespassing" because I crossed the police line. In the same way that any concealed carry permit held by someone looting became invalid the moment he entered a store and stole juice, every officer's badge became invalid the moment he or she broke Constitutional law. Since they had no legal authority to shut down the street, my arrest is invalid, and was nothing more than kidnapping and being held hostage. Moreover, every officer there should be charged with blocking traffic and violating First Amendment rights.

Changing the complexion of the police force is not the only answer. Policing must change. In the black communities more female officers need to be recruited. The conditions that create crime need to be changed. A lot has been said about traffic warrants, and as far as Berkeley goes, where I was held, jail and jail conditions are used to punish people and force them to pay their bond, without any due process to determine guilt. I am certain Berkeley is not an exception, and that the rest are as bad.

If the Berkeley jail was in a Muslim the country U.N. observers would be dispatched. No bond hearing, no right to see an attorney. Inmates are held until they pay bond, and inmate's are allotted only $3.71 a day to cover the cost of their incarceration. That's three 3 bread and meat sandwiches three times a day, at less than 1000 calories. Water only to drink, and only when you are eating. No toothbrush. Women are charged for sanitary napkins they need, and good luck getting one at night, when there is no one at the desk and you have to wave at the cameras and hope that someone in dispatch sees you and will send someone up to respond.

The lights are left on all the time. You get only one thin blanket and it is freezing. The bunks are metal. There is no hot water or soap to wash your hands. There is no clock. No outside light. You are only allowed free phone calls during meal times or must call people collect at a rate of $20 for a ten minute call. And even if you cannot pay bond and will be there for 30 or more days, you are not provided with a toothbrush and the opportunity to brush your teeth. In fact, no toiletries all all, even the once daily shower is only soap and the showers are unhygienic.

There were people in there with traffic violations-- not violent criminals-- that could not pay their bond. I understand now why people kill themselves in jail, even knowing that they might get out. Being suicidal is a natural state of mind in those conditions.

And for traffic violations? The police have become a for-profit business, preying on the poor. Plenty of lawyers and judges and police drive through red lights, fail to stop at stops signs, and speed, and they get their tickets fixed by their buddies. I hope the Department of Justice audits ALL of the tickets that are written, and looks very carefully at those that are dismissed.

I hear a lot of people say “why don't THOSE PEOPLE just get jobs”? Well try living in North county and riding the bus for two hours to an area that actually HAS jobs. That's a ten hour day and if you are making minimum wage the probability that you will be able to buy a car is nil. The North side is living in a state of “incarceration due to lack of economic opportunity and decent public transit.” While Metro has been able to come up with $10 million to build the Cortex Metrolink stop, a half a mile between the CWE and Grand stations, there is still no work being done on the Metrolink from Clayton to Florissant, which is the area of the city that rides and relies on public transit the most.

BallPark Village was given what? a 17 million dollar sales tax break, and what did it do? It took business and jobs away from the local bars in the area. Using public money for private business development does NOT create prosperity. An equitable distribution of public money and a commitment to economic growth in the poorest regions is the ONLY thing that is going to make St. Louis solvent and viable for everyone.

Thank you, for giving us until January 7th to work on all of these issues while we await the Grand Jury verdict. This gives us more time to petition the Department of Justice to conduct further investigations, to audit the books of the County, the City, and all of the municipalities to learn why St. Louis is so insolvent and bankrupt, and to find real leaders that will actually serve the public.

The police and the prosecutor have broken laws in this course of this incident and investigation, and we will be looking to take legal action. We will be learning a lot more about all of you, our employees, and unless you start addressing the real problems and obeying the laws yourself, I think you can all look forward to termination of your employment without further benefits, and for some of you, jail time.

Saturday, September 13, 2014

OPTINSTL ILLEGALY ARRESTED BY BERKELEY POLICE AT 10 SEPT 2014 HIGHWAY 70 DEMONSTRATION

OPTINSTL was one of the 35 people arrested at the 10 September demonstration at Highway 70, however, I was simply trying to get passed the illegal roadblock (violating the First Amendment) to get to do the protest. I had no plans to go out on the highway.  But I wanted to to be there because I knew, even before I saw the illegal roadblock, that First Amendment rights were going to be violated.

http://www.nytimes.com/2014/09/11/us/police-block-highway-protest-over-ferguson-mo-shooting.html?_r=0

http://www.cnn.com/2014/09/10/us/missouri-ferguson-michael-brown-protest/index.html

http://fox2now.com/2014/09/10/live-updates-michael-brown-protesters-plan-to-shut-down-i-70-during-rush-hour/

I also had this leaflet to hand out:
http://optinstl.blogspot.com/2014/09/vote-for-michael-brown-november-4th.html

I am going to be writing a lot more in this blog, and to the media, and of course, in preparing to fight my case, but I am hoping that one of the 10 or 12 cell phone videos, and one news camera, of my arrest will be sent to me.  If you know anyone at the demo, I was on the other side of the highway, the Express Scripts side, trying to get across the illegal police blockade.  I am a white woman.  I was wearing a grey t-shirt and purple skirt.

Please send me an email if you have video. optinstl@gmail.com

Since I had been encouraging people that had been arrested for "failure to disperse" or any of the other many illegal violations of the First Amendment rights by the police, it is interesting that simply by losing my temper (I challenged the police line about their illegality, crossed their "line" and was arrested for "Trespassing" and "Failure to Comply".  They also accused me of "assaulting an officer" for taunting them for being fascists.  Wisely, they did not file that charge.  However, even without that, they made many, many mistakes, and I have good grounds for challenging the violation of the First Amendment, which more of us are going to have to do to protect this most important freedom that we have in this country.  It was not just MY rights that were violated, every citizen of the United States is having their First Amendment rights violated at almost every protest since Brown's murder.  Again, more on that later.)

I will also be encouraging media, lawyers, and citizen rights advocacy groups to investigate the many illegal and inhumane practices of the Berkeley Police Department.  The jail conditions (900 calories a day, which are three bread and meat microwaved sandwiches, not allowed to use a toothbrush, no water except during the three "meal times"), setting bond without any trial and then detention until bond is paid, with little or no access to a lawyer, etc.  And I was in a cell with a woman that was facing thirty days in these conditions, because she can't afford to pay the $1400 bond (and the non-refundable $25 administrative fee tacked on top of it!)

One thin blanket, very cold temperatures, metal beds, lights on all the time, no visible clocks, only allowed one shirt, one pair of pants, and someone has to bring you new clothes, and they have to return the clothes you were wearing to that person.  I also was not allowed to wear my glasses.  One of the officers BRAGGED that each inmate only costs $3.71 a day to house! I wouldn't treat Darren Wilson that way! Absolutely inhumane.

There have been many articles recently about the high amount of tickets that are issued to drivers in the north county area, not just for "Driving While Black" but because the main source of income for small municipalities is traffic fines.  The response from the police is always "If you don't break the law you have nothing to worry about."

http://www.nbcnews.com/storyline/michael-brown-shooting/black-st-louis-suburbs-hit-ticket-blitz-n185061

http://www.washingtonpost.com/news/the-watch/wp/2014/09/03/how-st-louis-county-missouri-profits-from-poverty/

http://www.bloomberg.com/news/2014-09-10/arrests-form-financial-bedrock-across-st-louis-county-towns.html

But that is patently not true.  Let's not even get into the many times cops turn on their sirens to speed through a yellow or red light. I've worked for law offices and attorneys in another state, and one attorney here, and all of their traffic tickets were fixed or dismissed due to their privilege of being lawyers and knowing so many judges, etc. (They broke the law and had nothing to worry about, RIGHT? ) I am hoping that an thorough audit of ALL traffic tickets is conducted to see just how often tickets are dismissed for lawyers, their families and friends, etc.

Ironically, while I was only jail for two days, the County sells the arrest records to all the lawyers so that they can send out advertising to the arrestees home address.  The lawyer I worked for sent one to me.  One of my jobs was to fold up these letters and put them in envelopes.  What is even more insulting about this obvious scam-- where lawyers profit from these tickets, too-- is that these lists are sent out IMMEDIATELY, but I can not get a copy of the incident report for SEVEN TO TEN DAYS, AND I HAVE TO GO DOWN TO THE STATION TO GET IT.

I call shenanigans on this entire operation.

Keep checking back, but please, if you have any video of my incident, please forward it to me.