
NYPD at Occupy protest in March (photo: Sunset Parkerpix)
Protesters from Occupy Wall Street and attorneys from civil and human rights groups filed a Freedom of Information Law (FOIL) request for information on the policies the New York Police Department (NYPD) is using and has used to control and handle Occupy demonstrations since the movement grew in Zuccotti Park last September.
The submitted request cites “reports of mass arrests, unjustified or unlawful arrests, “kettling,” restriction of the ability of individuals to peacefully assemble, aggressive or excessive police force, police misconduct, and police surveillance in relation to OWS protests. Journalists, legal observers, and elected representatives have also reportedly been subject to police force, arrest, deprivation of liberty, and criminal prosecutions.” And, makes it clear that those requesting the information want any information on local, state and federal law enforcement and private partner planning” and any information on “OWS protests,” such as protests, marches and assemblies that may have occurred in Manhattan, the Bronx, Brooklyn, and Queens and also any demonstrations affiliated with Occupy the Bronx, Occupy the Hood, Occupy Sunset Park and Ocupemos Queens.
It seeks information on how police are directed to handle “large public events” and engage in crowd, disorder or riot control; how police are directed to carry out “mass or large-scale detentions and/or arrests”; how police are supposed to use “kettling” or “the use of personnel, netting, fencing or other materials to contain and direct” protests; how police are to use vehicles, scooters or horses; how and when they are supposed to use “flexicuffs”; how police are to use force and when they are supposed to enforce “disorderly conduct” or prohibitions on protests or gatherings in the New York Penal Code.
Furthermore, the request demands information on the use of “stop and frisk tactics” at protests and the practice of designating sidewalk space as “frozen” or inaccessible for public use (which was done in front of New York City Mayor Michael Bloomberg’s mansion).
A press release from the Center for Constitutional Rights (CCR) notes the “city has five days” under New York law to respond to the request.
The release quotes an Occupy Wall Street protester:
“I am part of Occupy Wall Street because I believe we need major policy reforms to address inequality and the corporate takeover of democracy. But I often feel that my very right to peacefully protest is at stake,” said Aaron Bornstein, an OWS supporter. “Protesters have been arrested simply for standing on the sidewalk and beaten for sitting in a park. The police seem above the law.”
Occupy Wall Street has shown great perseverance in the face of a police department that has repeatedly shut down public spaces and cracked down on people, who remain nearby because they assert they have the right to assemble and engage in freedom of speech. From Zuccotti Park to Union Square to the public sidewalk space on Wall Street, there does not seem to be any place the city will let the protesters go to simply exercise their rights peacefully. Whether that has to do with the ties between Bloomberg’s army, the NYPD, and Wall Street corporations or firms, this effort at transparency hopefully will give the public the truth about any corruption that has made it near impossible for any residents to protest in and around Wall Street.
People have also witnessed operations where the NYPD obstructs freedom of the press and goes after people who want to cover news stories and film the police. Journalists have either been arrested or else been subjected to childish behavior (e.g. shining lights into cameras to block shots).
What the NYPD has been doing to Occupy Wall Street clearly violates civil liberties. Now, the public may get to see why this conduct by police is acceptable, lawful, permissible, justified, or warranted.
*Below is a recent example of NYPD violating the First Amendment rights of Occupy Wall Street protesters:



21 Comments

Really, wearechange.org! End a clip about civil liberties with and exploding box that exposes a gun. That just killed my ability to Facebook an otherwise excellent clip.
The corporate tools are “calling the bluff” of the movement. They fully believe they can shut it down illegally. Whether or not a court rules they broke the law or not is irrelevant. Shutting down the movement is all that matters – to them and to everyone else. You can ask for justice from the unjust, and when they dont give it to you?
Who are you addressing in your comment? Because I don’t think requesting information is “asking for justice from the unjust.”
Ask for the NY police treatment of Tea Baggers to show a pattern of Discrimination based on Creed. Certainly the Tea Baggers with their open threats to Obama,, their carrying guns and Ted Nugent’s latest outburst would demand a bigger response from the police.
The fact there was no such response is interesting.
I hope they asked the NYPD to explain how it rationalized arresting people who were just leaving their apartments to go to a protest, preventing them from even getting out to the streets, pre-empting their ability to go to meetings, demonstrations, by arresting them at their homes.
We protest more and prepare for rebellion the Tea Baggers certainly will never lead a revolt they want a Right Wing Coup. They fear what would happen to the 1% in a popular revolt.
Plus its hard to lead a popular revolt on tax cuts for the rich paid for with our SS and Medicare.
We ask nice for justice today next day or the month, years later we won’t ask so nice. Either our concerns are addressed or something will happen.
They didn’t phrase it like that but the thoroughness of their request means anything on crowd control at any Occupy protest in the past months should be released.
Speaking of open threats.
Kevin
I just created an article about Occupy Minnesota meeting with the Minnesota Tea Party. If you could, I would love to hear your thoughts on it. If you have the time Sir. As an aside, the fine people who used to habitat Op Ed News will love it. Once I share it with them. They were your biggest fans there, as you may remember. Before we were all banned en mass.
Sweet! A shout-out to Aaron Bornstein! Occupy the SEC!
http://www.youtube.com/watch?v=pCTXez5vOrQ
http://nowheremag.com/2012/03/occupy-christmas-eve-aaron-bornstein/
I wish we would call them the Wall Street Police rather than NYPD. Rank and file cops are in a tough spot. They have families and it’s the Wall Street ownership of the NYPD headquarters that has done the damage to the First Amendment here. Hope is now resting with OWS and ACLU as defenders of out Constitutional Rights.
King Chaos wants the ability to kill anyone who pisses him off. His highness the mayor thinks he deserves to have the same privilage as the prez. After all, he does have the most corrupt police force in the world.
Most cops think they are above the law and enjoy pushing people around. Sorry for anyone who “can’t handle the truth”.
This is going to sound cynical, but…
After your post about DHS documents discussing Occupy, it seems very clear that the peeps in control of the occupy police response are very careful with their wording on documents related to Occupy. It’s like they expect their memos to be public, so I don’t really expect anything particularly damning from this. Glad someone is asking for the information, though.
What the police are doing is much more important, IMO, than what the police are stating as official policy. Any documents from this will most likely prove that police actions and police policies are two totally different things.
Then the question becomes, “Who is responsible for making them two different things?” Because the blue shirts are being very consistent in how the act on a particular day; it is not a failure of command. The question is where the commands are coming from. Especially commands that violate policy and law.
This is the first step in the legal battle. Likely there will be lots of foot-dragging even if there are court orders. And excuses why all can’t be produced. And invocations of state secrets. Or private confidentiality.
To speculate, the same people who would write the memos and documents outlining the official police policy toward Occupy would be the ones dictating a different policy verbally.
The memos and policies are from the staff of the ones dictating a different policy verbally. Deniability on both sides.
Occupy Spring!
https://vimeo.com/40686624
And it coul dbe that in asking some hard questions about police behavior, we will have themuse the same answer that a recent lawsuit agaisnt the scanning e
And it could be that in asking some hard questions about police behavior, we will have them utilize the same answer that a recent lawsuit against the TSA scanning equipment brought about: “Look, there are Homeland Security Documents that are very top secret, and we rule against you in the proceedings, because to answer you would violate the need for Homeland Security. And that need is of itself, top secret!”
We are living inside a totalitarian system.
(My personal take on everything relating to Nine Eleven, including Homeland Security, is that our government’s Elite do like and desire Perpetual War against all people, including normal everyday US citizens.)
in a police state, all police actions are automatically justified.