400 Arrested during Occupy Protests
Demonstrators break into Oakland City Hall
Updated Jan. 28, 2011 at 3:15 p.m.
Occupy protesters broke into Oakland's City Hall and a YMCA Saturday night, after a day of demonstrations that led to several clashes during which police used tear gas, bean bag projectiles, and according to the Associated Press, "flash" grenades to disperse crowds.
Officers arrested approximately 400 demonstrators, including a handful of reporters, most of whom were taken into custody near the downtown YMCA.
Police quickly corralled the small group of protesters who made their way inside City Hall, but not before the demonstrators set flags on fire, turned over trash cans, and destroyed a children's art exhibit, according to Mayor Jean Quan.
“Once again, a violent splinter group of the Occupy Movement is engaging in violent actions against Oakland,” Quan said in a statement Saturday night. “The Bay Area Occupy Movement has got to stop using Oakland as their playground.”
Saturday's protests were the largest since the group took over the Port of Oakland on Dec. 12. In a statement Sunday, the city called the number of arrests "unprecedented."
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.
Oakland police said officers "deployed smoke, tear gas and beanbag projectiles" after demonstrators "charged a skirmish line at Oak Street and pelted officers with bottles, metal pipe, rocks, spray cans, improvised explosive devices and burning flares."
The city said that three police officers and one demonstrator was injured and that three private cars, including two television news vans, were vandalized.
After the clashes near the convention center, which led to 19 arrests, demonstrators returned to Frank Ogawa Plaza to regroup and then began marching around downtown Oakland. Shortly after 6:30 p.m., as police ordered some in the crowd to disperse, a small group of protesters broke ran into the downtown YMCA to the surprise of exercisers, according to the San Francisco Chronicle.
At the same time, police said, another group of protesters "burnt an American flag in front of Oakland City Hall before breaking into the historic building."
“There is no excuse for the behavior we experienced this evening,” said Council President Larry Reid.
The California Highway Patrol; the Sheriff’s Departments of Alameda County, San Mateo County, Santa Clara County, San Francisco County and Marin County; and the police departments of Fremont, Hayward, Berkeley, Pleasanton, San Francisco and Union City/Newark; and the University of California-Berkeley provided mutual aid to the Oakland Police Department, according to a statement from the city.
Among those swept up in the arrests were at least two reporters, Gavin Aronson of Mother Jones and Kristin Hanes from KGO. Hanes was released after being handcuffed with plastic zipties, and Aronson remained in custody late on Saturday night.
"Whenever journalists are arrested/detained for reporting the news, everyone's freedom is at risk," Hanes tweeted.
Occupy Oakland has been holding marches nearly every weekend since police raided their encampment in front of City Hall on Nov. 2. On Wednesday, protesters announced plans to take over an empty building somewhere in the city Saturday and turn it into the group's headquarters, as part of its "Move-In Day" demonstration.
In a statement Saturday night, City Administrator Deanna Santana said, "The demonstrators’ stated intention was to provoke the police and engage in illegal activity."
Saturday's demonstration began with a rally at Frank Ogawa Plaza in front of City Hall. During the rally one of the organizers, Shake Anderson, said, "We are here to protect each other and to be civil disobedient. ... We're doing it to change the world, not just today but every day."
Shortly after 1:30 p.m., with dozens of police nearby in riot gear, hundreds of protesters began marching toward Laney College. Some were wearing bandanas over their mouths and others were holding signs saying, "We are the 99%." A marching band dressed in pink and black tutus and neon pick tights also was in the crowd.
After marchers arrived at the convention center, the clashes with police began.
"Clearly there were some tactical mistakes today," said Sean Gallagher, 23, who was among those in the crowd. But according to livestreamer OakFoSho, more Occupy Oakland protests are scheduled tomorrow.
Bay City News Service contributed reporting.
R T
Wow, great target, the YMCA. If there was ever a symbol of the 1%, the Y is it. What with there whole helping kids and seniors programs etc. Idiots.
Jerry Frey
Decide for yourself.
http://napoleonlive.info/did-you-know/facts-about-the-one-percent-2/
B Pepin
I watched the entire YMCA episode from my rooftop across the street - the protesters DID NOT "break inside" the YMCA - they were chased inside by a terrifying OPD police presence. The YMCA was in fact open at the time, and man of the protesters who went inside escaped out the back - they rest hid from the OPD, who was intent on unlawfully arresting every single protester in an Orwellian show of force. The protesters also did not "break in" to city hall - city hall was open (it was about 7:30 when they got down there). I think city hall is public property - so "break in" probably isn't the right word to use there either. This is some really sloppy reporting from the Bay Citizen.
LawSci
It would technically be considered "burglary" if they entered City Hall with the intent to commit a crime, such as destruction of property. "break in" or "burglary", which was it?
R T
Public buildings are public, bt that doesn't mean you have a right to enter them when ever you want.
Mike Rich
The truth.
BL Kalika
"Scandal-Plagued Oakland PD Could Face Federal Takeover"
http://www.ksbw.com/r/30299585/detail.html
Howard Epstein
A violent splinter group? The useful idiots and anarchist are not protesters. They are a mob of vandals who don't believe in the free speech and other rights of other people. It's time they are held financially responsible for the damage to public and private property and the cost to the taxpayers for police, clean-up, etc. Those arrested should do a couple of months in jail and several months of community service.
Michael Boyd
Read the e-mail below this is all about the City of Oakland retaliating against Occupy Oakland protesters for participating in protected speech for the City losing in the State Supreme Court over redevelopment.
I believed the City of Oakland, OPD, and other surrounding governmental jurisdictions are participating in a civil conspiracy to violated Occupy Oakland protestors' federal civil rights under color of state law, and also in violation of 42 USC 1983—also known as the Ku Klux Klan Act of 1871. This makes any member of the City Council, the Mayor, individually and personally liable for damages for their participation in constitutional violations by the OPD and their agents in the Alameda County Sheriff’s Office, and the Fremont, Hayward, Berkeley, Pleasanton and Union City/Newark police departments provid[ing] mutual aid to the Oakland Police Department who seek to unlawful restrain free speech.
Under the First Amendment to the United States Constitution The People reserve certain inalienable rights including but not limited to the right to free speech, the right to redress
their grievances, the right to sue, and the right to assemble in public places. This First Amendment right is not applicable for the Government, whether it is a member of the City Council, the Mayor, or even the police; none of them have any right to free speech nor the right to assemble. These rights are reserved for The People of the State of California by State statute and the State Constitution as well as federal statute, and the US
Constitution including the Bill of Rights which includes the First Amendment.
On November 20, 2011 I filed a Notice to Correct or Cure violation of a central provision of the Ralph M. Brown Act, California Codes Government Code Section 54950-54963, in that proper written notice was not provided to a regular meeting of the City Council of Oakland on November 9, 2011. I also filed several request for public records under the California Public Records Act, for which the City provided 1600 internal e-mails which I have provided access to the BayCitizen that demonstrates the ongoing civil conspiracy more fully. [I've provided an e-mail below regarding my outstanding CPRA requests Re Occupy Oakland that leads me to believe is taking redevelopment cuts out on OO protestors].
According to the Oakland Tribune “Occupy Oakland protesters hijacked a news conference at Lake Merritt.” According to the article a quorum of the Oakland City Council conducted an un-noticed meeting of the City Council to take action. "At one point, the business leaders and council members, who along with Reid included Libby Schaaf, Desley Brooks, Patricia Kernighan and Ignacio De La Fuente, shouted back: "Occupy Oakland must go!" According to this same article Oakland Mayor Quan then authorized this unlawful "Occupy Oakland must go!" action.
Apparently the latest civil conspiracy of the City of Oakland, the Mayor, City Council, OPD, "Alameda County Sheriff’s Office, and the Fremont, Hayward, Berkeley, Pleasanton and Union City/Newark police departments provid[ing] mutual aid to the Oakland Police Department, according to a statement from the city". Source: The Bay Citizen (http://s.tt/15rwn)
I am in the belief and understanding that a civil conspiracy
is defined as an agreement between two or more people to
participate in an unlawful act or a lawful act in an unlawful
manner. An express agreement among all conspirators is
not necessary. "A plaintiff ... need not prove that each
participant in a conspiracy knew the `exact limits of the
illegal plan or the identity of all participants therein.'"
Hampton, 600 F.2d at 621 (quoting Hoffman-LaRoche, Inc.
v. Greenberg, 447 F.2d 872, 875 (7th Cir.1971)). The
conspirators "must share the general conspiratorial objective, but they need not know all the details of the plan... or possess the same motives." Id. Thus, to "demonstrate the existence of a conspiratorial agreement, it simply must be shown that there was a single plan, the essential nature and general scope of which [were] known to each person who is to be held responsible for its
consequences." Id. (quoting Hoffman-LaRoche, Inc. v. Greenberg, 447 F.2d 872, 875 (7th Cir.1971)). To make the conspiracy actionable, there must also be an overt act in furtherance
of the object of the conspiracy that injures plaintiff in his person or property or, in a section 1985(3) action, which deprives him of having or exercising any right or privilege of a citizen of the United States.
So while I appreciate the depth of BayCitizen's coverage I doubt your intestinal fortitude to stand up to the ongoing civil conspiracy between the City of Oakland and OPD to violate the First Amendment.
I am asking you not to just talk the talk but walk the walk too.
Peace
Vicki,
Sorry to hear that. I hope your job is safe? You can take your time just keep giving me status that's fine. Also how do I get my Notice to Correct or Cure on the City's Agenda that's what I really want to know?
Get ready for the fire sale on the City's redevelopment properties. Maybe now the City government will know what it is like to be an underwater home owner under threat of foreclosure like me now. But I doubt it. These redevelopment bonds are with the same investment banks and hedge funds that caused the collapse of real estate values through their unrestrained foreclosure practices.
There is only one way out for the City now declare a citywide moratorium on foreclosures on deeds of trust or loss everything...and it happened before in the 1930s during the depression. [See attached] The City could adopt legislative language also to impose a moratorium foreclosures on mortgage deeds of trust including redevelopment bond payments by the City during the pendency of the moratorium on mortgage and trust deed foreclosures so as to allow government agencies to modify existing bonds with their holders so that any government debt repayment is based on the current actual asset value as determine by certified independent asset appraisers.
As you are probably aware most mortgages are backed up by the federal government. This means that if a mortgage holder has a mortgage principal for $100,000 for a home that is worth only $10,000 it is in the bank's best interest to foreclose and evict the homeowner rather than adjust the mortgage principal to the property's current value of $10,000 with the existing mortgage holder (home owner). This is because the bank gets $10,000 from the short sale of the property plus $90,000 from the federal government if the home owner is evicted but only $10,000 if the mortgage is adjusted instead. Under this plan the banks are draining California of its life blood and actually causing property values and associated state and local tax revenues to plummet. I am asking the City of Oakland to stand up for the people and stop the ritual blood letting of the banks.
I am forwarding the 1933 Proclamation of the Governor and associated 1935 statute enacted by the legislature to guide your legislative language drafting process.
I don't want to harm the City
MB-CARE
--- On Fri, 1/27/12, Laden, Vicki (CAO) <vladen@oaklandnet.com> wrote:
From: Laden, Vicki (CAO) <vladen@oaklandnet.com>
Subject: timeline
To: "Michael Boyd" <michaelboyd@sbcglobal.net>
Date: Friday, January 27, 2012, 1:55 PM
Michael,
Council has to adopt a budget on 1/31 to respond to the huge cuts in Redevelopment. Everyone’s work time is completely taken up with that. I should be able to give you a disk on Friday, but wanted to make sure you knew that there’d be a slight delay.
Vicki
Elizabeth Krueger
The greatest power of the Occupy protests has been when they are non-violent. Whether speaking truth to power and abuses of the financial system or other power structures, non-violence is far more powerful than violence. It attracts more supporters, and removes a weapon from the opposition.
Go back to non-violence, Occupy movement! Reclaim your message.
James R
Here is a link to the real story:
http://www.reddit.com/r/politics/comments/p1m34/what_really_happened_at_occupy_oakland_read_my/
Robert Montgomery
The "real story" from and "unbiased, objective source."
Soonerdiver
The only "tactical mistake" that was made is that water cannons were loosed on the protesters! Civil disobedience is one thing but burn cars, the American Flag and destroying children art projects is way above that level.
As for the KGO reporter who was detained... your or my civil rights were not trampled on by your arrest. There were more than enough "reporters" to cover the news... you just put yourself in a position that caused the PD to detain you. If you had done as other reporters had done you wouldn't have found your wrists tied. Sorry 'bout that but you get what you beg for!
Get the water cannons ready for the next demonstration!
Frank DeFelice
Demonstrations are fine; the Occupy movement has accomplished a lot. I wonder what's gained by entering public buildings, other than to get media coverage. I can understand calling on congressmen to make a point. But the YMCA?
Consider this: if you get booked by police and have a record, it will be tough getting a good job. Employers do background checks. If that doesn't matter to you, I wish you all good luck!
Robert Montgomery
What has the occupy movement accomplished?
They've raised the awareness that the rich are getting richer and everyone else is left out with the bath-water.
They've cost the City of Oakland millions of dollars.
They've shown that they have no respect for authority- right or wrong.
They've shown that they can't behave like citizens of our great cities, states and country.
They've shown that, when all comes down to it, they will resort to violence, hate, and vitriol.
That's 1 out of 5 in my book. If we were playing baseball, they'd have an outstanding average. If we took that record to any school in the area, they'd have failed out a long time ago.
Frank DeFelice
Because they (the Occupy folks) are citizens they have the motivation to do what they do. I wish them well. I remember the demonstrations that ended the war in VietNam. Just sitting around and watching Congress fill their pockets is not enough.
Roland Salvato
We can all see that violence is ugly -- who doesn't believe this?!
But what of the original message: Our democracy isn't flexible enough to accommodate our needs and wants through the usual method, i.e. letter-writing and voting.
The protesters are a frustrated, angry group. Instead of just saying "they shouldn't be angry", why not focus on what is making them angry and finding instead what can be done about that?
R T
They have every right to be angry- but Zero rights to damage property, trespass, throw rocks, bottles etc at police.
Further, the issues they are angry about- income disparity, foreclosures, etc., are not things that can be solved by the city of Oakland. This big protest may make the protestors feel better in some weird way, but it costs the city of Oakland a lot of money and while they are there, they are not covering other areas of the city. 5 homicides in Oakland this weekend. Where do you think the police are better off at?
Michael Boyd
This isn't about protestors this is about redevelopment going bye bye and the City of Oakland is retaliating against the protestors for engaging in protected speech. The City started this when the Council held its illegal meeting at Lake Merritt on November 9, 2011. The Council members and the Mayor should be the ones in jail, not protestors, since they're the ones who told the OPD to violate US Sr. District Court Judge Henderson's orders in the Rider case.
R T
Your argument has no logic.
Michael Boyd
I believed the City of Oakland, OPD, and other surrounding governmental jurisdictions are participating in a civil conspiracy to violate Occupy Oakland [OO] protestors' federal civil rights under color of state law, and also in violation of 42 USC 1983—also known as the Ku Klux Klan Act of 1871. It is my understanding that is the controversy in the Riders case. This makes any member of the City Council, the Mayor, individually and personally liable for damages for their participation in constitutional violations by the
OPD and their agents in the Alameda County Sheriff’s Office, and the Fremont, Hayward, Berkeley, Pleasanton and Union City/Newark police departments providing mutual aid to the Oakland Police Department who seek to unlawful restrain free speech.
Under the First Amendment to the United States Constitution The People reserve certain inalienable rights including but not limited to the right to free speech, the right to redress their grievances, the right to sue, and the right to assemble in public places. This First Amendment right is not applicable for the Government, whether it is a member of the City Council, the Mayor, or even the police; none of them have any right to free speech nor the right to “free” assembly. These rights are reserved for The People of the State of California by State statute and the State Constitution as well as federal statute and the US
Constitution, including the Bill of Rights, which includes the First Amendment.
On November 20, 2011 I filed a Notice to Correct or Cure violation of a central provision of the Ralph M. Brown Act, California Codes Government Code Section 54950-54963,
in that proper written notice was not provided to a regular meeting of the City Council of Oakland on November 9, 2011.
R T
Great- that is what you think. I disagree. People certainly have a right to protest and demonstrate. But it is pretty clear that this right does not extend to occupying private property, throwing rocks at police, blocking public access to buildings or port facilities etc.
Police absolutely have a right and a duty to break up a demonstration that is unlawful.
Michael Boyd
RT,
And under the First Amendment your right to disagree is protected too, and I'll defend that right.
So Mr. "law and order" what do you propose be done when the Mayor and City Council take the law into their own hands form an unlawful posse to hunt down protestors, by what ever means necessary? I say "The Council members and the Mayor should be the ones in jail, not protestors" and you say "Your argument has no logic". I say "I believed the City of Oakland, OPD, and other surrounding governmental jurisdictions are participating in a civil conspiracy to violate Occupy Oakland [OO] protestors' federal civil rights under color of state law, and also in violation of 42 USC 1983—also known as the Ku Klux Klan Act of 1871. It is my understanding that is the controversy in the Riders case." You say "Police absolutely have a right and a duty to break up a demonstration that is unlawful."
What about the law breaking politicians? What do you propose we do about them if they don't have to follow the open meeting law? Do we give them an award for that? Maybe a lifetime seat?
R T
If they had a meeting without proper notice, etc. then what is the punishment? Does such a violation mean jail time? Ok- fine lock them up for a weekend or whatever makes you happen. Still doesn't give the occupiers the right to throw a big temper tantrum through the streets of Oakland.
Michael Boyd
Agreed, but it means the difference between a criminal [i.e.,a felony] and a misdemeanor charge of property damage which requires the property owner be given equitable damages for their property destroyed by the perp.