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News & ArtsWednesday, November 23, 2011
Occupy Occupy Seattle Will File Lawsuit to Stymie Camping Ban
Posted by Dominic Holden on Wed, Nov 23, 2011 at 3:28 PM
Occupy Seattle's legal team is filing an injunction in Thurston County Superior Court this afternoon, an attempt to prevent a camping ban on Seattle Central Community College from taking effect. The suit asks for an emergency temporary restraining order, which would freeze the camping ban passed unanimously by Seattle Community Colleges board earlier today.
I haven't yet seen the filings, but I spoke to one of the plaintiffs.
"I think that the board's decision and was an orchestrated theatrical action," says Ian Finkenbinder, an SCCC student who is among several student protesters named in the suit. "They had made up their minds before hearing comments today. I don't think this issue has had fair communication between Seattle Central and the occupation, and decision shows an unwillingness to include those in the student body."
UPDATE: Here's a draft of the injunction. Alleging that complaints of unsanitary conditions are faulty, the suit claims that the bans on tents "constitute arbitrary and capricious agency action" and "interferes with Plaintiffs' exercise of speech and assembly rights under the First Amendment."
1
Hmmm. Perhaps this problem could be more easily and inexpensively resolved by pointing Occupy to the current location of tent city?
2
Hmmm.
Maybe I was right.
Maybe you need to realize that "emergency rules" are last ditch, desperate attempts to short circuit our Rights (not priveleges) and that we either are Free or we live in a Police State. And if we're free than courts serve a useful purpose in preserving our Rights.
Yemen just fell.
Tick. Tick. Tick.
Maybe I was right.
Maybe you need to realize that "emergency rules" are last ditch, desperate attempts to short circuit our Rights (not priveleges) and that we either are Free or we live in a Police State. And if we're free than courts serve a useful purpose in preserving our Rights.
Yemen just fell.
Tick. Tick. Tick.
3
So, after they annoy commuters, Town Hall audiences, park patrons, and local community colleges, can they move on to the banks? Or has the whole economy thing been replaced by the ins and outs of urban camping?
4
Rob McKenna is going to make this is pet project, its going to earn him the votes (For Gov) of every conservative in the state and some moderates who are not supportive with Occupy Seattle method of operation.
This is a fight they will not win.
This is a fight they will not win.
5
What is so important about SCCC that they need to stick to it? It isn't some centrally-located park or something, it isn't symbolically significant to the goals of the cause or anything.
I'm pro-Occupy and all, but I think fighting the eviction notice isn't really going to do much good. Move on, guys. Find another spot. Combine forces with other protestors at other sites.
I'm pro-Occupy and all, but I think fighting the eviction notice isn't really going to do much good. Move on, guys. Find another spot. Combine forces with other protestors at other sites.
6
Why are they filing in Thurston County for something that happened in King County? No jurisdiction. Also, they have to prove damages, and just what are those damages? Have they been physically injured, lost work, lost money? Pretty silly. anyone can file a lawsuit; any court can dismiss it.
7
@4 - I hope you mean that Occupy Seattle won't win, because they won't. The law is remarkably and uncommonly clear on the matter of time, place, and manner restrictions.
I agree with the rest of your analysis, particularly with respect to the moderates to are not supportive of the indefinite camping tactics of Occupy Seattle. I have never once identified as moderate or conservative, but I am a pretty good example of someone who is supportive of the underlying issues, but I am no longer in support of their tactics and strategy.
I agree with the rest of your analysis, particularly with respect to the moderates to are not supportive of the indefinite camping tactics of Occupy Seattle. I have never once identified as moderate or conservative, but I am a pretty good example of someone who is supportive of the underlying issues, but I am no longer in support of their tactics and strategy.
8
GET RID OF THESE DISGUSTING FILTHY PARASITES!!!
http://occupyseattle.org/document/ga-min…
http://tinyurl.com/7cbqsmm
Excerpted from the "GA Minutes" of "Occupy Seattle", 11/20/2011
GA Minutes
Occupy Seattle General Assembly
Date/time: 2011-11-20 19:00
Alvina - Noticed several several inebriated people at camp
Mohawk - Continues to find evidence of violations of our good neighbor statement.
discussion:
Swan Eagle
Has camped four nights: three last weekend, one this weekend.
Trying to set up grandmothers' peace camp
concerned about crack, methamphetamine, heroin, and violence that erupts nightly
not safe here for children, not safe for many people
last night, angry person came out with baseball bat; her daughter tried to break it up
(rapidly left GA while yelling)
facilitator: this comes up every GA; let's keep it on topic
Carol - Agrees that people who smoke should do so at other end of camp. This is a danger. Has seen people die in fires. Doesn't want people to cause a fire by smoking. Everyone who smokes around the straw is not only endangering people here at our camp, but to entire movement.
? - Please respect my asthma.
(communication breakdown as several people yell at each other about making assumptions about homeless people)
? - We already have rule against smoking. What's all this about seven strikes?
? - Had camp assembly earlier today for issues specific to camp. This would be a great thing to take to that meeting. We're working on something to deal with people violating our rules.
? - Smoking is an obvious danger. Real problem is dangerous/hard drugs and violence.
? - From Vancouver, BC, arrived here today.
They're dealing with similar problems
proposal: No violence in camp.
presenter: Mohawk
additional detail: first consequence: kicked out for night or 8-10 hours, after both sides of story heard. Second: kicked out 24-78 hours. Third: Banned permanently or required to do community service.
there is a violence clause in SCCC policy, was written when there was much violence
discussion:
? - Confused, because she thought we already had something like this.
response: it's not enforced, this adds consequences
? - Apologizes for getting upset earlier. Thinks if we don't act on this, someone will die. Would like to be part of group that prevents violence before it occurs.
David, Camp Safety - His experience shows that most violence in the camp is sparked by drug and alcohol use in camp. To stop the violence, stop the drug and alcohol use. Camp Safety needs more people in order to effectively patrol camp. Also, Camp Safety does not have authority to ask people to leave (as result of proposal from November 4). Just walked around camp and saw that it's happening right now.
More...
http://occupyseattle.org/document/ga-min…
http://tinyurl.com/7cbqsmm
Excerpted from the "GA Minutes" of "Occupy Seattle", 11/20/2011
GA Minutes
Occupy Seattle General Assembly
Date/time: 2011-11-20 19:00
Alvina - Noticed several several inebriated people at camp
Mohawk - Continues to find evidence of violations of our good neighbor statement.
discussion:
Swan Eagle
Has camped four nights: three last weekend, one this weekend.
Trying to set up grandmothers' peace camp
concerned about crack, methamphetamine, heroin, and violence that erupts nightly
not safe here for children, not safe for many people
last night, angry person came out with baseball bat; her daughter tried to break it up
(rapidly left GA while yelling)
facilitator: this comes up every GA; let's keep it on topic
Carol - Agrees that people who smoke should do so at other end of camp. This is a danger. Has seen people die in fires. Doesn't want people to cause a fire by smoking. Everyone who smokes around the straw is not only endangering people here at our camp, but to entire movement.
? - Please respect my asthma.
(communication breakdown as several people yell at each other about making assumptions about homeless people)
? - We already have rule against smoking. What's all this about seven strikes?
? - Had camp assembly earlier today for issues specific to camp. This would be a great thing to take to that meeting. We're working on something to deal with people violating our rules.
? - Smoking is an obvious danger. Real problem is dangerous/hard drugs and violence.
? - From Vancouver, BC, arrived here today.
They're dealing with similar problems
proposal: No violence in camp.
presenter: Mohawk
additional detail: first consequence: kicked out for night or 8-10 hours, after both sides of story heard. Second: kicked out 24-78 hours. Third: Banned permanently or required to do community service.
there is a violence clause in SCCC policy, was written when there was much violence
discussion:
? - Confused, because she thought we already had something like this.
response: it's not enforced, this adds consequences
? - Apologizes for getting upset earlier. Thinks if we don't act on this, someone will die. Would like to be part of group that prevents violence before it occurs.
David, Camp Safety - His experience shows that most violence in the camp is sparked by drug and alcohol use in camp. To stop the violence, stop the drug and alcohol use. Camp Safety needs more people in order to effectively patrol camp. Also, Camp Safety does not have authority to ask people to leave (as result of proposal from November 4). Just walked around camp and saw that it's happening right now.
10
@6 Because that is where Olympia is and the State has ultimate control over the College. You can always sue where the defendant resides and in this case I think that would be Olympia or Thurstan county.
12
From the most recent "minutes" of the "General Assembly" of "Occupy Seattle":
"concerned about crack, methamphetamine, heroin, and violence that erupts nightly
not safe here for children, not safe for many people"
"concerned about crack, methamphetamine, heroin, and violence that erupts nightly
not safe here for children, not safe for many people"
13
You may also remember Ian Finkenbinder from this famous moment when Dan Choi and others (including Ian) locked themselves to the White House fence to oppose Don't Ask, Don't Tell. Here is the AP photo of Ian: http://oneclick.indiatimes.com/photo/0d6…
14
@7
Yes, i meant to say this is a battle occupy seattle cannot win. Any suggestion about a lack of communication between os camp & sccc is hilarious. why would sccc ever keep the os camp in communication with anything, theyre fucking uninvited guests who are draing the resources of both the police & school dry.
Yes, i meant to say this is a battle occupy seattle cannot win. Any suggestion about a lack of communication between os camp & sccc is hilarious. why would sccc ever keep the os camp in communication with anything, theyre fucking uninvited guests who are draing the resources of both the police & school dry.
15
@13: Correct. Dan Choi did not lock himself to the fence of his neighborhood community college due to its pleasant campus. If you're going to engage in civil disobedience, then take it to the man. (Hint to OS: the "man" is not the working class and immigrants who attend SCCC.)
Many of us FULLY support the goals of OWS, OS and the rest. But setting up a bunch of tents on Broadway is simply self-indulgent. Take the protest to the ACTUAL institutions that are fucking over America (that's why it's called "Occupy WALL STREET," not "Occupy CENTRAL PARK" or "Occupy CITY UNIVERSITY").
Again, for reference: Goldman Sachs, 719 Second Avenue; Citigroup, Two Union Square; Bank of America Merrill Lynch, 800 Fifth Avenue. THESE are the institutions that are fucking us over. THESE are the 1%. NOT the guy who's trying to learn English or get his Associate's degree in food prep.
Many of us FULLY support the goals of OWS, OS and the rest. But setting up a bunch of tents on Broadway is simply self-indulgent. Take the protest to the ACTUAL institutions that are fucking over America (that's why it's called "Occupy WALL STREET," not "Occupy CENTRAL PARK" or "Occupy CITY UNIVERSITY").
Again, for reference: Goldman Sachs, 719 Second Avenue; Citigroup, Two Union Square; Bank of America Merrill Lynch, 800 Fifth Avenue. THESE are the institutions that are fucking us over. THESE are the 1%. NOT the guy who's trying to learn English or get his Associate's degree in food prep.
16
Are you sure it's the First Amendment that guarantees the right to camp on somebody's lawn? Isn't it maybe the ... just a sec ... thought I had it right here ... gotta look this up but it's getting kinda late ... oh, well, maybe tomorrow ... I'm sure its in there somewhere.
17
These idiots serve no purpose whaysoever on a college campus. Why are they not targeting the banks with their civil disobedience instead of students and cash strapped schools? A few hundred dedicated folks could keep BoM from doing any business just by occupying their parking lot and forcing the police to have to arrest them - over and over every business day for weeks on end, and keep BoM, and the rest, from being able to conduct their business. NOTHING will change until they are hit in the wallet over their corruption. Then again, this is pretty par for the course for Seattle. Good intentions. Pathetic follow thru.
19
Occupy Seattle Legal Team wrote as their phone number the SCCC main line, so not without some wit at least.
20
I skimmed through the Complaint, and have a few takeaways -
First, Occupy's legal team kind of sucks. This Complaint is one of the worst thrown together pieces of legal document I have ever seen.
Second, and I could be wrong, but it looks to me that there are enough technical errors with this filing to have it dismissed for violation of State and Local rules alone. I'll be curious to see how they effected service on the College.
@15 has it right.
First, Occupy's legal team kind of sucks. This Complaint is one of the worst thrown together pieces of legal document I have ever seen.
Second, and I could be wrong, but it looks to me that there are enough technical errors with this filing to have it dismissed for violation of State and Local rules alone. I'll be curious to see how they effected service on the College.
@15 has it right.
22
Hmmm, so, a group comes to take over YOUR own lawn, which YOU may or may not have other uses for, or intentions. Then, after repeatedly telling the group to please not come, and they have set up their camp, YOU complain about the filth, violence, drugs/substance abuse, open urinating and fecal matter happening on YOUR property. When the group says repeatedly they are "working on cleaning it up", and they do not succeed, and violence and filth escalate, YOU have to resort to drafting emergency laws to get them to leave? What a crazy world we live in...oh, and then the kicker is this: the group YOU are trying to evict, who have invaded YOUR space and taken over YOUR property and ruined it (at YOUR expense, mind you) then files an INJUNCTION trying to prevent YOU from kicking the losers out of YOUR property?? C'mon...really? really? This world has indeed come off its axis if we all think that is just and right. Speaking to you Phil M.
23
Oh and I forgot to mention how the neighbors, businesses and tenants of YOUR property complain daily to YOU about the activities, filth, distractions, violence (yes, one of YOUR tenants was assaulted) of the invading campers......
25
I humbly suggest that the next location should be anywhere on 5th Avenue between Columbia & Marion. That's within earshot and/or view of The Columbia Tower, all the City & Municipal Buildings, Key Bank, The Attorney General's Seattle Offices, the Washington Athletic Club, and the Rainier Club.
28
Ugh, #27, I have to attend school there everyday and smell the repugnant shit and squalor. I'm broke ass too and trying to make that big career change, but damn people, get your shit and literal shit together. Camp out in the financial district, campus is where we're trying to do shit the right way and move beyond indigent lifestyles.
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