After Mass Arrests, New Criticism of Oakland Police
Occupy Oakland demonstration sees the most Alameda County protesters jailed in 30 years
Two days after police arrested 409 Occupy Oakland protesters, sheriff's deputies were still in the process of booking suspects into county jails Monday afternoon, Alameda County Sheriff Gregory Ahern said.
According to Ahern, 354 demonstrators were taken to two county jails Saturday, where most were booked on charges of obstructing officers and remaining on the scene of a riot, then released, sometimes after lengthy delays.
Most of the arrests happened Saturday evening after a small group of protesters broke into the downtown Oakland YMCA. Earlier in the day, officers used tear gas to disperse demonstrators who Oakland police said tried to tear down fences and destroy construction equipment near the vacant Henry J. Kaiser Convention Center.
In response to the weekend's events, Mayor Jean Quan and interim police Chief Howard Jordan said they are exploring the possibility of seeking court orders to block some protesters from returning to City Hall.
The last time hundreds of people in the county were arrested at one event was three decades ago — on June 21, 1982 — when 1,300 protesters were taken into custody during an anti-nuclear demonstration at Lawrence Livermore National Laboratory.
The large number of arrests is renewing criticism of how Oakland police have responded to Occupy demonstrations. A video taken Saturday shows an officer hitting a protester who is lying on the ground.
Two weeks ago, court-appointed monitors wrote in their quarterly report that the police response to Occupy Oakland protests this fall raised "serious concerns" about the department's ability to "hold true to the best practices in American policing," and promised a thorough investigation of the matter. And last week, a judge moved the police department closer to a federal takeover, writing that he was in "disbelief" that the department had yet to finish a series of court-ordered reforms.
In a statement Monday, Rachel Lederman, a lawyer with the National Lawyers Guild San Francisco Bay Area Chapter, said the weekend's events underscored the police department's shortcomings.
“OPD has shown itself incapable of handling crowd control in a legal, much less professional manner,” Lederman wrote. “We would urge the appointed monitor to take action immediately to rein in this abusive conduct, which is leading to ever increasing liability for the City.”
The Guild is providing legal assistance to some of the protesters and has two lawsuits pending against the Oakland police and Alameda County sheriff's department based on law enforcement actions during Occupy Oakland protests this fall.
Lederman complained that protesters who were arrested Saturday were held "for a prolonged period under horrendous conditions, often remaining overnight in holding areas with no beds or blankets."
Ahern, the Alameda County sheriff, said the delays were partly a result a mutual aid request from Oakland police to his department and 12 other agencies. The sheriff's department provided 48 deputies to help respond to the protest, Ahern said. Those officers normally would have been available to process arrested demonstrators.
Of the 409 people arrested Saturday, 55 were released instead of being taken to jail. Of the 354 transferred to jail, 58 remain in custody, because they were arrested on more serious charges, including suspicion of burglary and assaulting a police officer. Some of those arrested are likely to face a court hearing as early as Tuesday morning.
Lederman told The Bay Citizen that the Alameda County District Attorney's office has already begun seeking stay-away orders against individuals who had been repeatedly arrested at Occupy Oakland.
Patrick Mitchell
One of the best things about the Bay Citizen was the lack of comments by people who comment but have nothing intelligent to say. I guess that has come to an end.
So Jean Quan wants an injunction against the Occupiers? Like the injunction she opposes for gangs that infest Oakland's neighborhoods?
Mayor Quan: there is no difference between the two.
RECALL JEAN QUAN!
June Ko-Dial
so you think you can do a better job being Mayor? you think brown or Dellums could have done a better job in their first year with the same amount of crap thrown at them? what a joke!! you have never made a mistake? no other Mayor ever made a mistake? they didn't get recalled. recalls are for politicians that have done something corrupt or criminal! that does not even come close to Mayor Quan so quit throwing out your flippant Recall and get on board to help make the city better instead of sitting on your thumb.
Patrick Mitchell
Jean Quan was on the City Council for TEN years and was OUSD President before that. Sorry, she doesn't get to use the "I'm new to this" excuse. She also doesn't get to use the Asian or Female cards, but that seems to be her latest tactic. Furthermore, she's partially to blame for the "crap" that's been thrown at her - Council members set policy and it's those very policies that are coming back to haunt her - AND US. Recalls are NOT just for politicians that are corrupt or criminal, they are also for politicians who are inept or incapable. Quan EASILY fits the bill.
RECALL JEAN QUAN!
Patrick Mitchell
BTW, June, nice pic of you and Jean Quan as your Facebook profile pic. What special treatment do you stand to lose when she's recalled?
June Ko-Dial
i lose nothing. we have worked on different projects in the education system and the city for the last 19 years. something you should do and then you would see that she is the hardest, smartest worker we will ever have. while i don't always agree with her, she worked ONLY for the kids in OUSD, not the parents, not the Teachers or staff. the decisions she made benefitted the kids and while i didn't always see it right away, it did benefit the kids in the end. she accomplished a lot for OUSD as a Board Member. as a Council member for District 4, she made many changes that made the district a better place to live. every time she went out to dinner, her and her husband drove back thru the roughest parts of Oakland to keep on top of what is going on. have you ever done a drive along with a Police Officer? are you on any of her committees to improve Oakland? that would be a little more positive. by the way that picture was taken at her holiday party that she holds every year at Chabot Science Center, which you were also invited to if you got her weekly, very informative newsletter of all the goings on in Oakland, politically and other info. just curious, where did you see my FB profile picture?
R T
So basically you love Jean Quan and all that she does- we get it. The facts are that she has failed as a mayor. During the initial occupation of Frank Ogawa plaza, she couldn't make a decision on a thing, and then when the police finally did act, she made sure she was out of town. That was ok when just on a Board, but as Mayor, come one, you need to be there and own up to the decisions. Maybe she is just better off as a legislator not an exec. I really haven't sen anything impressive come from her since she has been in office.
Frank DeFelice
Maybe the police and courts don't give a damn, but these protesters detest how our government is run. Shady deals, corruption, and privileges for big money. Why should these people get a record? This will impact their future, being able to get a good job, and getting clearances. Many protesters go on to become leaders in the community. Those of us who are older, happy, fat and contented, depend on the young who have the energy and commitment to go out and protest. Good luck, OCCUPY! Don't give up!
Howard Epstein
Typical. The extreme lefties of the National Lawyers Guild, ACLU, etc, blame the police for the unlawful actions of the useful idiots and anarchists. What part of the First Amendment says you can break into and vandalize Oakland City Hall? What part of the First Amendment gives the useful idiots and anarchists the right to take over a vacant building? C'mon NLG and ACLU, inquiring minds want to know.
M. Mouse
For those who defend Quan and the OPD: Why do you always assume that the protesters are wrong? Only a very few are out there for the fun of it. The majority of them may have a legitimate complaint. Why not give that some consideration before automatically pointing fingers?
Joseph Rivers
Agreed, however the Occupy movement is having a hard time distancing itself from the violence that is taking place in its name. Quan and the police do deserve the criticism but, so does the Occupy Movement. If the balance of mainstream media say " hey look at all this violence" and the Occupy Movement has no focused mouthpiece to counter that argument, it should come as no surprise that a large part of the perception is that Occupy=Violence.
nandro n
because vandalism, trashing city property and breaking and entering are "wrong."
Robert Montgomery
What is their complaint again? I forgot what they stood for because I've been reading about all the stupid things they're doing.
Michael Boyd
Mr. Epstein,
Our great nation is founded on the principle that civil rights always trump property rights, with the right to free speech being the most important one for a democracy to exist. These civil rights are enshrined in the nation's declaration of independence and the US Constitution. These rights include the right to "life, liberty, and the pursuit of happiness".
That doesn't mean the City Council and Mayor are free to hold an illegal assembly and order armed thugs [aka a "posse"] to go in and crack heads all at the taxpayers expense.
I don't live in Oakland, nor do I plan to move there any time soon. That doesn't mean the people of Oakland have any less rights then I do. I believe all of us have a duty to stand up to any tyrannical government that seeks to erode these rights. To quote former Bishop Desmond Tutu of South Africa "until all of us are free, none of us are free".
The City Council and Mayor on November 9, 2011 when they held an unlawful meeting of the City Council where they voted "Occupy Oakland Must Go!". This made the City government in violation of the Ralph M. Brown Open Meeting Act ["Brown Act"] which establishes the basic requirements for open meetings and notice of meetings of the City Council and Mayor (§54952(b)). Agendas for meetings and hearings before the Oakland council must be posted in a location that is freely accessible to members of the public 72 hours prior to a regular meeting. However, where other acts lack specific procedures, the requirements of the Brown Act provide the minimum requirements for notice and hearing (§54950 et seq.).
R T
You avoided the issue completely.
Our great nation is founded on the principle that civil rights always trump property rights, with the right to free speech being the most important one for a democracy to exist.
Source: The Bay Citizen (http://s.tt/15teY)
True but they still can't break into City Hall and trash it- even if it is a politcal protest.
Michael Boyd
RT,
I agree two wrongs don't make a right...peace.
Victoria Hudson
Crud - a lousily written article whose title is a lie: "new criticism" are the same-old/same-old, which readers don't uncover until about a third way through the garbage.
Why not do some REAL reporting and go ask Oakland residents who live here what we think about the Occupy - Thank God for the Cops...who'd want to be at the mercy of people who break into city hall (it's a public facility for crying out loud)... and ignore the law (breaking into empty buildings).
Stupid Occupy Oakland protesters have missed the message big time: morons! It's about Wall Street & the Banks - not about fighting with Oakland cops or the city. Stupid, ridiculous waste of resources in a city that can ill afford the waste.
And Quan and her coddling of these law breakers - and her meddling into police affairs - only made it worse. Will be glad when this do-nothing, lying, smarmy POS is recalled.
nandro n
There will always be criticism when there if a police confrontation with a large crowd. Name one large protest that involved a police confrontation one there wasn't "criticism."
The bottom line here is that, regardless what you think of OO's motives and goals, protesters broke various laws. From not dispersing, to trespassing and breaking/entering, to vandalism, they broke the law. And lets not forget that they planned to break-into the convention center weeks in advances. This was pre-meditated. Go to indybay.org if you want to read about the multi-week planning that went into their failed attempt to break into the Kaiser convention center and take it over as a OO headquarters or as they like to call it "social space."
This is a group being led by self-described anarchist activists who view violence, take-over of private property, etc. is necessary to any change. The correct response here is to confront and arrest all of them that violate the law.
Michael Boyd
The City "broke the law" first by violating protestors first amendment rights by the City Council and Mayor holding an illegal assembly and ordering armed thugs [aka a "posse"] to go in and crack heads all at the taxpayers expense.
What do you propose be done when the government is the law breaker then?
M. Mouse
I'm with Michael Boyd on this one ... what do the people do when their rights are violated and there is no other viable remedy?
Complaining through the usual channels has done no good at all, since the majority of the complaints fall on deaf ears. At city meetings the elected and appointed officials will nod their heads and offer their "sincere" sympathy at the complaints, maybe appoint a task force that will do next to nothing and then it's back to business as usual.
If the city truly wanted the violence and destruction to stop, they had the power to do that long ago by actually doing something about the reasons for the complaints. And those reasons are 100% valid. I know that because I've seen it with my own eyes.
The mayor(s) and the police brought this on themselves by ignoring past realities. And yet they expect the protesters to do what they themselves wouldn't do by listening to and heeding THEIR protests about the violence? Too late for that. Way too late.
Violence and other violations of civil rights against the public by the police, condoned by the Oakland officials, is what got us to this point. And maybe violence in response is tha only way to get their attention and positive reaction. Never forget that this nation was formed on that very principle. It worked then, and it may work now.
They may have switched from red-coats to blue coats, but they're still acting like the enemy.
Becky Young
I'm all for free speech but I want to know just what this last protest was all about? What are they protesting? Children's Art? City Hall? Dock Workers? Foreclosures? Banks? The Homeless? Cracks in the Sidewalk? Vandalism? Police? What was once an honest protest against corruption by the banks has turned into a plot to destroy Oakland and if they can't do it financially they will do it destructively, building by building, window by window. I don't have any idea what they are all about now. They need to stop because they are making fools of themselves.