Law

Oakland Settles Suit Filed By Woman In Occupy Protest

October 9, 2014 Henry Lee, www.blog.sfgate.com Resist! California, Law, police brutality

An attorney who says she was shoved to the ground by police during an Occupy Oakland protest (see video above) has agreed to settle her federal civil rights lawsuit for more than $40,000, including attorneys’ fees. The Oakland City Council earlier this year agreed to pay $27,000 to Joanne Warwick, who now lives in Detroit. The council is expected to give final approval Tuesday night to pay an additional $15,000 in attorneys’ fees to her lawyer, Bill Simpich. The city is admitting no wrongdoing in the case. Warwick, 50, said she was pushing her bicycle and marching with Occupy Oakland protesters in the city’s downtown on Jan. 28, 2012, when an officer shoved her in the back near Ninth and Madison streets. In an interview Tuesday, Warwick said the police had falsely accused her of delaying the officers with her bike.

Disability Community Rejects Appointee Who Supports Subminimum Wage And Segregated Housing

October 9, 2014 Center for Disability Rights, www.cdrnys.org Organize! Disabilities, Government, Housing, Law

The Center for Disability Rights is deeply concerned that Senate Majority Leader Harry Reid (D-Nev.) has appointed Bob Brown, a proponent of subminimum wage and segregated housing, to serve on the National Council on Disability (NCD), an independent federal agency charged with advising the President, Congress, and other federal agencies regarding policies, programs, practices, and procedures that affect people with disabilities. While NCD appointees have previously been appointed by the President, a new provision in the Workforce Innovation Opportunity Act allows four Council Members whose terms are about to expire to be replaced by appointments made by the Senate Majority Leader, the Senate Minority Leader, the Speaker of the House, and the House Minority Leader. NCD’s membership will also be reduced from fifteen to nine as the next six Council members will not be replaced when their terms expire.

Victory for Marriage Equality: Supreme Court Refuses Cases

October 7, 2014 Suzanne B. Goldberg, www.scotusblog.com Educate! Gay Marriage, Law, SCOTUS

Amazement mixed with anxiety and cautious optimism. That’s how I felt nearly twenty years ago when the U.S. Supreme Court granted cert. in Romer v. Evans, a case in which I was co-counsel for Lambda Legal. In that moment, it was hard to be confident that the Justices would strike down Colorado’s ban on antidiscrimination protections for gay people, given Bowers v. Hardwick’s antigay moralizing, which upheld Georgia’s sodomy law in 1986 and remained the law of the land. Even still, gay rights advocates reasonably feared that efforts to strip basic antidiscrimination protections from gay people would escalate if the Court did not step in to review Romer. Indeed, similar measures had been or were actively under consideration in more than a dozen states during that period.

Seattle Votes To Recognize Indigenous People, Not Columbus

October 7, 2014 Victoria Cavaliere, www.rawstory.com Create! Colonialism, indigenous, Law, Seattle

The Seattle City Council unanimously voted on Monday to redesignate the federal Columbus Day holiday as Indigenous Peoples’ Day to reflect that Native Americans were living on the continent before Christopher Columbus’ 15th Century arrival. Mayor Ed Murray was expected to swiftly sign the measure, making Seattle the second major U.S. city after Minneapolis to mark Indigenous Peoples’ Day on the second Monday in October, the same day as Columbus Day. The change will take effect for the upcoming October 13 holiday, the city council said. The legislation acknowledges that Native Americans were already living in the Americas before Columbus’ arrival and says Seattle, named after a Native American tribal chief, was built atop indigenous peoples’ homes.

Imperial Metals Takes Legal Action For Damages From Blockade

October 6, 2014 Michael Mui, www.westcoastnativenews.com Educate! Canada, Environment, Indigenous Rights, Land Rights, Law

Imperial Metals is applying in court to have Mounties come and remove First Nations blockaders who have closed off access roads to its Red Chris gold and copper project in northwest B.C. In an Oct. 3 filing, Imperial subsidiary Red Chris Development Company Ltd. said the blockaders — from the Klabona Keepers and the Secwepemc — “will not allow anyone or any supplies through” to reach the project site. “An enforcement order is required as the Royal Canadian Mounted Police have taken the position that they will not enforce a court order for an injunction without an enforcement order,” Imperial said. Currently, according to the application, blockaders are letting people leave the site as long as supplies aren’t being flown to it instead.

House Of Cards Level Corruption In Ferguson And Beyond

October 4, 2014 Shaun King, www.dailykos.com Educate! Corruption, Ferguson, Law, police brutality, Police the Police

On August 10, 2014, St. Louis County Police Chief John Belmar held his first press conference on the murder of Mike Brown by Officer Darren Wilson of the nearby Missouri Ferguson Police Department. His force had been called in to take over the investigation for the much smaller local department. The shooting had occurred less than 24 hours earlier, and the tensions on the ground in Ferguson were already red hot and boiling over. As we are now likely to just be a few weeks away from a grand jury decision in this case, citizens and journalists have been left to do what police and prosecutors seem to have very little interest in—pushing for the real facts to find justice for a young man who was killed with his hands in the air.

Federal Court Upholds EPA Veto Of Spruce Mountaintop Removal Mine

October 3, 2014 Earth Justice, www.earthjustice.org Organize! Climate Change, Direct Action, Energy, Environment, Law, Mining

Today Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia upheld the Environmental Protection Agency’s veto of a permit for one of the largest and most extreme mountaintop removal coal mines ever proposed in Appalachia, the Spruce No. 1 Mine. The court found no merit in the coal industry’s case, and found that EPA’s decision to veto the Clean Water Act permit for this mine was reasonable and fully supported by the scientific record. Statement from Emma Cheuse, Earthjustice counsel who argued on behalf of several Appalachian groups in defense of the EPA’s veto: “Today’s court victory is a win for all Americans who believe our children deserve clean water and healthy lives without facing the increased threats of cancer, birth defects and early mortality associated with mountaintop removal coal mining."

Parents Of Kids Murdered By Cops Confront NYPD

October 3, 2014 Amy K. Nelson, www.animalnewyork.com Organize! Community, Law, NYPD, police brutality, Police the Police

It was around 7:30PM when Margarita Rosario took the microphone at the Sunset Park rec center, turned to a table that seated five police officers and told the story of how her son had been murdered by NYPD cops. “My son, Anthony Rosario, had 14 bullets in his back, face down on the floor,” Rosario said. “Now who is the criminal? My son? Or [the police officers]?” Rosario, three others parents whose children had been killed by the NYPD, and hundreds of residents in this diverse community, came together at an old gymnasium on Wednesday night for a town hall on police brutality.

Police Departments Retaliate Against ‘Cop Watch’ Groups

October 3, 2014 Candice Bernd, www.truth-out.org Educate! Human Rights, Law, Media, police brutality, Police the Police

Across the nation, local police departments are responding to organized cop watching patrols by targeting perceived leaders, making arrests, threatening arrests, yanking cameras out of hands and even labeling particular groups "domestic extremist" organizations and part of the sovereign citizens movement - the activities of which the FBI classifies as domestic terrorism. Sources who have participated in various organized cop watching groups in cities such as New York, Chicago, Cleveland, Las Vegas, Oakland, Arlington, Texas, Austin and lastly Ferguson, Missouri, told Truthout they have experienced a range of police intimidation tactics, some of which have been caught on film. Cop watchers told Truthout they have been arrested in several states, including Texas, New York, Ohio and California in retaliation for their filming activity.

Ferguson Grand Jury: Is Juror Talking To Wilson Supporter?

October 3, 2014 Kimberly Kindy, www.washingtonpost.com Educate! Ferguson, Law

The St. Louis County prosecutor’s office is investigating an accusation of misconduct on the grand jury that is hearing the case against the Ferguson police officer who shot and killed 18-year-old Michael Brown. An account of possible jury misconduct surfaced Wednesday morning on Twitter, when several users sent messages about one juror who may have discussed evidence in the case with a friend. In one of those messages, a person tweeted that they are friends with a member of the jury who doesn’t believe there is enough evidence to warrant an arrest of the officer, Darren Wilson. The same person who tweeted about being friends with a member of the jury has also tweeted messages of support for Wilson.

Political Prisoner Convicted In Trooper Death To Be Released

October 2, 2014 NewsOne Staff, www.newsone.com Educate! Law, Mass Incarceration, police brutality, Political Prisoner, Racism

A man convicted in the shooting death of a New Jersey state trooper in a crime that still provokes strong emotion among law enforcement more than 40 years later was ordered released on parole by a state appeals court Monday. Sundiata Acoli was known as Clark Edward Squire when he was convicted of the 1973 slaying of Trooper Werner Foerster during a stop on the New Jersey Turnpike. Now in his mid-70s, Acoli was denied parole most recently in 2011, but the appellate judges reversed that ruling Monday. The panel found that the parole board ignored evidence favorable to Acoli and gave undue consideration to past events such as a probation violation that occurred decades earlier.

Exposed: Tax Evictions Could Displace 20,000

October 1, 2014 Michele Obelholtzer, www.occupy.com Educate! Detroit, Foreclosure, Housing, Human Rights, Law, Water

On Monday, U.S. Bankruptcy Judge Steven Rhodes made a landmark decision to authorize continued water shutoffs for unpaid water bills, leaving thousands of Detroiters without access to water. At the same time, and less reported on, some 20,000 Detroit residents stand to lose another basic human right — their housing — as the Wayne County Treasurer prepares to carry out mass tax foreclosures across the city. If Detroiters facing foreclosure knew they could buy their home for as little as $500, they’d jump at the chance. But local government does the bare minimum to inform those people who could benefit most. Foreclosure notices don’t even mention the auction, let alone the auction website.

ACLU Wants Police Banned From Using ‘Keep Moving’ Rule

October 1, 2014 Jennifer S. Mann, www.stltoday.com Resist! Ferguson, Law, Police the Police, Protests

A crowd-control tactic designed to enforce curfew during the most volatile nights of the Ferguson protests was applied in the most calm of daytime situations by mistake, St. Louis County Police Chief Jon Belmar testified in federal court Monday. He was one of several witnesses called during a day-long hearing, in which the ACLU asked a judge to put an end to a “keep moving” rule that police began enforcing on Aug. 18 along West Florissant Avenue in Ferguson. Some activists are calling it the “five-second rule” — referring to how police would give them five seconds to move or face arrest. Among those who took the stand Monday were a legal observer who said he was threatened with jail after stopping to take information from a handcuffed protester, and an ACLU worker who said he was told he would be arrested after pausing to pray.

Catalan Separatists Call Street Protests Over Referendum Ruling

October 1, 2014 Angels Piñol, www.elpais.com Resist! Independence, Law, Protests, Spain

Just hours after the Constitutional Court accepted the government’s appeal of the Catalan referendum on self-rule, the northeastern Spanish region registered its first protests. Around 300 people congregated in front of the government delegation in Barcelona to express support for the plebiscite, which is scheduled for November 9, and to condemn Madrid’s attempt to get it ruled illegal by a top Spanish court. This early protest was the beginning of a series of region-wide demonstrations planned for Tuesday by a pro-independence group called National Catalan Assembly (ANC).

Community Advocates Challenge $150 Million Coal Plant Bailout

October 1, 2014 Earth Justice, www.earthjustice.org Organize! Energy, Environment, Law, New York (NY)

Today, the Sierra Club and Ratepayer and Community Intervenors, represented by Earthjustice, filed a lawsuit in the New York Supreme Court in Albany challenging a Public Service Commission (PSC) ruling that would slap $150 million in subsidies on New Yorkers’ electricity bills to repower the uneconomical Dunkirk coal plant. The expensive bailout would result in a plant three times larger than necessary to maintain reliable operation of the region’s power grid. The plant would be allowed to burn both coal and gas, increasing unhealthy air pollution in the region and contributing to dangerous climate disruption.

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