Attorneys working on behalf of Occupy San Diego will be filing a temporary restraining order against the city of San Diego and the San Diego Police Department in response to the violation of protesters’ First Amendment rights. The attorneys will be holding press conference at 11 am this morning announcing their filing at the Civic Center Plaza.
Demonstrators in San Diego’s version of Occupy Wall Street have been attempting to exercise freedom of speech and assembly rights at the Civic Center Plaza, but have been chased out, have had their tents and belongings confiscated, been pepper-sprayed, and dozens were arrested by police – 53 in just one sweep at 2 am on October 28th. Protesters believe that the Plaza is a centrally-located public space designed for use by the citizens to gather and express themselves.
This treatment by the City and police stand in stark contrast to how occupiers are being treated in other large California cities. In Los Angeles, the occupiers are camping out in front of City Hall without molestation by police. The City Council passed a resolution in support of the demonstrators, and the Mayor has visited the occupy site and was being friendly.
Holly Hellerstedt, a member of Occupy San Diego, stated:
“Occupy San Diego came to the Civic Center to protest the current economic conditions in the United States and around the World.”We want to get organized and work to get our message of the ’99 percent’ out to the community, but it becomes impossible while facing police raids, intimidation, and the constant threat of arrest by police-all of which suppress our First Amendment rights.”
Occupiers and their supporters have been experiencing an unconstitutional crack-down at the Plaza lately. Police monitor comings and goings at the Plaza and order people entering the site to not place belongings on the ground or their items would be subject to confiscation and they to arrest.
Bryan Pease, a free speech attorney in San Diego, who spoke at the Bank of America rally last Saturday in downtown San Diego, stated:
“The SDPD are currently arbitrarily telling people who walk through the Civic Center that if they set down anything-their purse, their bag, a chair, or in one case even a tomato plant-, they will be arrested. The First Amendment guarantees the right to free speech and the right to peacefully assemble – Municipal Code section 54.010 and how it is being enforced by the SDPD is unconstitutional.”
Occupy SD protestors have been occupying public space since October 7th as a local connection in solidarity with the occupation movement which is expressing several shared ideas, one of which is, “that democratic government derives its just power from the people.”
{ 65 comments… read them below or add one }
I will be up at Occupy Portland next weekend. Any messages you’d like me to share?
Yes. Don’t quit. Hone the sharpness of your tongues.
Get a grip and go home — this has gone on long enough. “Everyone else” also has the right to the civic center. What about our rights ??? No problem with protests— but this is just a big party with no end in site…. Still don’t get your point except for making total fools of yourselves. Restraining Order against the police….. what a joke… YOU guys are breaking the law… can’t believe they have let this go on as long as it has. You don’t even have a permit to be there…. Go home and work on a real protest plan….
cat…
You are an idiot. Wake up, smell the coffee your husband’s paycheck bought for you, and then study. Learn how to argue based on logic rather than your own emotions. Learn about ‘rights’ and how they manifest. Once you’ve completed these steps, you should be able to pick up some history books and understand how ‘civil disobedience’ won the rights that you enjoy.
Bottom line: Rich people are hoarding OUR resources by manipulating government with the power that money wields in our broken system of corporate-controlled government.
First of all, ya little snot –my “husbands” paycheck indeed. Alot you know.
and as far as HISTORY & Civil Disobedience I know far more than you, but you will learn when you grow up.
And Yes, rich people and corporate people and most of All the UNIONS are manipulating our government……… and it is not right… But you guys have it backwards THE GOVT. — THE POLITICIANS ARE THE PROBLEM. They are the ones whose policies are letting them breakdown our middle class (and by the way our middle class it the only thing that separates us from the rest of the world)
Camping in the street is (as I said before not very smart) Go to washington for a march — call your congressman AND vote the RIGHT people into office. Ones that will not be beholding to big business and unions. Ones that will let the free market work and work for everyone.
And by they way there will always be the top 1% — fact of life….. Does not mean we don’t have rights too. We just have to keep the government in check and right now it is way far out of control and must be pulled back.
Why is the government — the politicians — THE problem? It is a plain, well documented fact that major corporations and banks wildly outspent unions and every other organized interest group in the country, in the most recent elections. 2 plus 2 still equals 4. The politicians have been BOUGHT AND PAID FOR by the corporations and the banks. The politicians are NOT the people deciding what the laws and policies should be. They are just FOLLOWING ORDERS FROM THEIR MASTERS. Wall Street is an appropriate focus for protest about this situation becuase no matter how big a corporation gets to be, it cannot function without a steady flow of finance capital from the major banks and financial institutions, which just happen to be centered at Wall Street. Even the other major stock markets and financial centers of the world are secondary to the importance of Wall Street in the global corporate economy.
What makes you think that all we need to do is dump all the current politicians? What makes you think the ones that replace them will not also have most of their TV and radio ads and mailers paid for by the same banksters and ceo’s?
You need to change your tune and dig deeper. Join the Occupy movement!
Hello It is the politicians…… You said the same thing that I said — Of course they are bought off — We need ones that will Work for the poeple and will not be bought off by ANYONE…. It will not be easy but it really needs to be done Pay attention to who you vote for. Most of them are beholding to someone.
Call your congressman? Bwahahahaha you should be doing stand up….seriously.
Nobody in the civic center has denied anyone the right to pass, assemble, buy coffee, hot dogs, go to Johnny Brown’s (where I have spent a ton of money on booze and food , what can I say?) or stand on your head. It is safe as hell, look at all the cops, protecting all of us and harassing most. What law are we breaking. Please be very specific. thanks.
Seems to me — you guys ran out the Hot Dog family and the Coffee Cart Lady.. …
So what’s up with that ???? Go home get a real message together and then make a plan — protest… Sure — Not CAMP so no one else can enjoy the civic center for weeks on end…..
And if you are not breaking any laws why has there been so many arrests….They can’t ALL be wrong.
it’s been a while since you spread your vile here. and you haven’t been missed.
actually, it’s a new one, who won’t be missed either.
So this is how it is ?? if you dont like the comment you just scratch it.
My comment was (2 times) that Patty & Doug could stand an opinion that was not the same as theirs. Some free speech — Good for you guys and bad if it does not agree with you. Just checking !!!!
I put you in moderation so your comment didn’t get approved until I got home, which was a couple of minutes ago. I will refer you to our comment policy… and point out that the government is supposed to protect your right to free speech in a public place, this website belongs to us, we pay for it, we put the work in here, it’s like our home. We may have opened our home to you but that doesn’t mean we can’t ask you to leave. And if you don’t leave I have the right to close the door.
The story about the vendors’ business failure has been covered elsewhere as a total misrepresentation of what actually happened.
http://obrag.org/?p=48590
http://www.sdcitybeat.com/sandiego/blog-581-coffee-cart-owners-issues-with-concourse-arent-new.html
Mayoral candidate Carl DeMaio, got a lot of mileage out of Linda Jenson’s claims that her business failed because of Occupy San Diego. He staged a press conference and vowed to help her.
Very admirable except for the fact that Mr. DeMaio virtually ignored this woman’s plea for help for three years and then saw and took an opportunity to discredit Occupy San Diego with it. He immediately staged a publicity stunt by offering money and the promise of a fund raiser to her now that it suits him.
Also not covered is the fact that protesters filed by and handed the vendors money off-camera during DeMaio’s press conference.
I have seen many of our Council Members down at the Plaza engaging their public but not Mayor hopeful Carl DeMaio. Mr. DeMaio chose to alienate and vilify those citizens who are begging to be heard. This is not the sign of a leader.
Are mentally ill? It is against the law to persecute peaceful protest.
The “occupy” protesters need to occupy a job. Stop wallowing in your own filth and harassing people who actually work for a living.
Sam,
With all respect. Name one person they have harassed? I was there at the press conference and during the occupation.
Nerdito Sam. Typically I work 65 hours per week & have spent a few hours at the occupation. Rightwing name-calling is an ancient tactic. We see right through you, from ear through to the other ear.
Do you think it’s Sam Walton?
Somehow I doubt YOU have a job. If you do you probably suck at it. BTW, did YOU get harrassed? If so I’d love to hear about it.
I am increasingly convinced that they Kochs, or other media manipulators have low rent offices filled with cubicle slaves whose only job is to tract down articles expressing anti corporate globalism viewpoints and flame them. The number of posts I see like “cat’s” convinces me that there have to be a lot of people writing them forty hours a week.
Can we call them Koch-heads?
Can we at least ask them to have their Koch, but HOLD THE MAIO?
LMAO love it. I concur.
Kochs – that all you guys have….. Both sides manipulate the media — The progressives pretty much OWN the media… And they whine and cry when the other side gets to say anything. Free speech goes both ways…. Both Sides get to express their views and push for the policies they want. That’s the american way..
But I must say I do not understand what your point is in camping there — get a CLEAR message.
LOL @ liberal media. Please.
Phuque off Cat. If you want to remain a minimum wager, then stay where you are. Don’t protest, just work your little fingers to the bone until you die a slow death because you are over-worked, don’t have health care, your tax dollars fund wars & not education or the U.S. infrastructure. Stay home & contribute nothing to the 99% & anything that is left of your life, you may give to the 1%. If you don’t give it, they will take it somehow, someway. You have not read about the reasons for the protests. If you can’t read or won’t read, then educate yourself or the manner in which all that you work for will eventually be taken from you or your children.
We are similar to the narrator in Ralph Ellison’s “Invisible Man.” He so wants to be visible to others & to himself that he steals electricity from the power company & lights up his hovel w/ hundreds of lights. We the 99% are lighting up our hovel, the city, the parks, our environment. We are a dark power to the elite, sort of like The Black in Walter Farley’s The Black Stallion. We are dark, & we have deep, wild resources of power that has not been used to its maximum. Put the two together, & we are The Invisible Stallion. The protests light up for the ignorant the transgressions of the elite. If you are a pawn of the elite, then excercise your right of voice. Don’t complain to us about the intensity of the light, find a nice rock to crawl under.
and you — not sure how much you have been smoking — I didn’t swear @ you
Yes I work and yes i am educated (i had to pay off my own student loans) and yes i have health care (because i work) And I am getting sick and tired of paying for all these things for people who don’t work. I don’t think that’s fair, do you. ????
maybe I should CAMP OUT till someone pays all my bills….
And the rest of your post ??? Your are out there. Don’t get so high and you will make a lot more sense and not sound so stupid.
Spouting right wing talking points don’t count as thinking, it just shows how much you don’t think. Just what do you think you pay for people who don’t work, name a few. So how much did you complain when the Tea Party people were demonstrating? Never mind, I learned long ago not to try and have an intelligent dialog with idiots who get all info from Fox News. Oh in case you haven’t noticed Fox is as much a part of the media as CBS, NBC, etc. So stop pretending your right wing news sources are somehow above it all.
Get a What? A Job? 70% of Occupy Wall Streeters are Employed, Compared to 56% of Tea Partiers And they are better educated, more politically independent and younger. http://goo.gl/Pc8kq lots of fascinating stats.
Ignorance truly is bliss.
Man, unreal. There is an abundance of material available on the ‘net regarding the reasons for the occupations. Have you read about the ways the elite have gamed the govorporation & the market in favor of themselves? None of us propose giving anyone a free ride for anything. We want fairness & access to the representatives. Most of us do not have the money for the access; we are not billionaires or lobbyists or ex-govorporation employees using tactics to recycle from gov’t to corporate jobs and then back again.
(You know, you could use grammar & spell check before you post also.)
Whoa there unwashed person! You sure do react when someone has an opinion that differs from yours. Fascist thinking? You ALL sound very paranoid and your posts reek of FEAR. Go light up your own freakin’ hovel, not city hall plaza. You speak of Ralph Ellison but you all are much more like Henry David Thoreau who squatted on Emerson’s property but claimed he lived free. You are disillusioned when you use you “we” and “us” because 99% of US think you all are losers and we disagree with your terrorist tactics. Go re-do your math please and be a black stallion somewhere else. Go occupy a jail cell, losers.
Read the history of the U.S. military from, say, the Viet Nam era forward, & then read about the CIA meddling in the affairs of foreign governments, & then read about the NSA & its intrusion into the private lives of U.S. citizens, & then read about how the telecoms gave information to the govorporation via illigal wire tapping into fiber-optic communication lines. You may recall they were busted in 2005.
Recall the terrorist tactics used by the U.S. military when it bombed the hell out of Fallujah in Iraq. Recall terrorist tactics used by the U.S. govorporation when extraordinary rendition was used to transfer people to foreign nations for torture.
Watch the terrorist tactics used by the pigs in most of the cities where an occupation has brought injustice to light.
Watch it, light can burn the eyes of an ignorant person.
Speaking aloud at the Civic Center–truly, a terrorist tactic!
Following the poor (working!) vendors home to scare them may not actually be terrorist fodder, but I do believe stalking is illegal. How would you like it if someone followed you home? Oh wait- you live in a tent. Splattering piss and blood was done to terrorize. NOT COOL!
That is a lie. She told me some dude stalked her about 2 years ago, and spun it into this big dramatic story. Don’t be somebody’s spokesperson that you don’t know.
It’s so cute that you’re buying the media version of the story and ignoring the facts.
I hope the court dates will be well pubicized ahead of time so as many of us as possible can turn out to support a restraining order and our right to peaceful assembly. The courts are of course NOT populated by a majority of judges who side with the people instead of the corporations. The movement has to be FELT and SEEN by these judges and IN THEIR OWN SPACE. They have to know the pressure, as much as any politician.
We also, of course, shouldn’t take “no” for an answer, if that’s what the court gives us. Let’s all remember that slavery was once “legal” and “Jim Crow” was “legal”. Voting rights for ONLY property owners was once “legal”. No significant human rights progress has ever resulted from people accepting IMMORAL “laws”.
Occupy Everything!
Wow, i’ve seen a lot of name calling and anger get tossed back and forth in this thread. We seem to forget that we’re all on the same side. Unity and understanding is essential at times like these. I’m a member of the movement, since day one. I graduated top of my class with the highest GPA in microbiology at UCSD in 2008. I paid my own way through it and graduated debt free. I now have a nice sized savings account and work full time. This is the only thing preventing me from camping down there. If I didn’t work full time, I would be down there sleeping. This is a huge distinction. This means that the supporters that are sleeping down there are usually going to be the ones that are homeless or ones that have lost their jobs. That doesn’t mean they represent all of us, but they are down there for us. Please do not arrest my brothers and sisters for exercising their rights to free speech and assembly. Period. We are organizing as fast and as best as we can, so please have some patience (the civil rights movement wasn’t all organized in its first couple months either). We do have some serious grievances to address that can’t be solved by simply voting in new puppets. So, we are down there, and we are trying to figure out what we can do about it. The civic center is just as good of a place as any for us to do this.
I’m still on the fence on whether we actually need to set up tents and sleep in the main walk area. We could just as easily set up our booths in the morning and then remove them at night. If we had planned a little better, maybe this is what we would have run by the city council, and maybe they would have allowed us to do this (but then again, maybe not). But now, they definitely are not and will not. Despite how this lawsuit ends and despite whether we can place our tables back in that square, this movement will endure. We will continue to strive for the change that we were promised (with or without the help of city council).
If you care to understand more about this movement and what we are actually trying to do, feel free to email me at nickjneild@hotmail.com, i’ll be happy to have a polite discussion with you. I will not cuss at you and I will treat you with the respect you deserve.
Oh, and just for the record, business in that area is up. I HIGHLY doubt the two vendors in question went out of business because of the occupiers. Check out this OB RAG article for a different view of that situation. http://obrag.org/?p=48590 The coffee vendor has been struggling for a long time. She has been unable to pay her rent and has been complaining about the crime/homeless harassing her down there for years. If anything, because the police presence lately, her safety has increased.
Thanks for your thoughtful comment Nick.
I wonder how much the police presence has affected business in he plaza. Some days there seem to be more cops than occupiers. Some people might avoid crowds but MOST people will avoid a situation where there are a large number of cops. Night-sticks and guns are a lot scarier than anything else I’ve seen down there.
Thanks Nick
Thanks Nick.
I love to cuss, damn it!
Nick, I am part of the 99%, and while I agree with some of the ideas of the protestors, I do not agree with the tactics. I don’t understand breaking the law and then being surprised and “victimized” when the police show up and arrest. I do not understand attacking a woman because she did not agree with the protestors (she was not breaking the law, right?). I do not agree with the protestors not taking some degree of accountability for where we are as a country, as some I’ve talked to do not vote. And, a lot of the 99% were responsible for voting in some bad policies along with the politicians at the midterms. My advice is to be respectful of others, adhere to the law, recognize and end some of the movement’s hypocrisy, etc., if you want to increase your base. You can not protest certain behaviors of others while the movement itself is exhibiting the same behaviors, and get respect.
Excellent approach. Keep going. Don’t give up.
I love you Occupy San Diego.
Hi occupy people –
you all are doing a wonderful job at setting an example for what our future world should look like.
keep up the good work.
thanks.
This
tongue in cheek.
While I disagree with most of what Cat says; I do agree that “the govt. the politicians are the problem.” The only way corporations should have to answer to us is as consumers and laborers. As consumers and laborers we should flex our muscles against corporations by withholding our dollars and labor from them. However, politicians and government is supposed to be accountable to We The People. They belong to us, and I do support the Occupy Movement as a demonstration of the numbers that are neglected through politicians pursuits of illegal profits from office.
So, Cat, the reason why we are in the civic center is to civilly create a visual representation to our government of how we will join in numbers to remind elected officials of whom they’re there to serve. They have been too blinded by money to see us for too long. By obstructing the space around public buildings and making a spectacle of ourselves, we are symbolically showing those officials that we tend to obstruct business as usual between them and their corporate sponsors.
Finally, while Cat began by attacking us, I would like to keep it classy San Diego. Let’s not stoop to their level and respond with Ad Hominem attacks and assumptions about what kinds of people are attackers are. We have plenty of valid arguments. Let them resort to all the logical fallacies, and let us never give them back any of their own ignorance to use as ammunition back against us. Please & thank you. Much Love, In solidarity, Eva :-)
Uggh, I should have proofread before posting:
“However, politicians and government ARE supposed to be accountable to We The People.”
“Let’s not stoop to their level and respond with Ad Hominem attacks and assumptions about what kinds of people OUR attackers are.”
Not attacking you all — Just was trying to find out WHAT you want — The messages have been all over the board. Your explaination, Eva is the first & best
I have heard and Nick has some good comments… I Listen to both sides (I am looking at the OB RAG aren’t I ?? ) But I still say camping is not the way to go..
Just my opinion no need to jump on me.
We the people can change things (we did it during the civil rights movement, vietnam war & Roe v Wade) and present our solidarity — You all have the right to do it and others have the right to disagree with how you are handling it.
I think you need to go after the politicians — they are the ones who have put all of this in motion. Just think about it.
I love camping. Nothing better than a warm campfire, some hot dogs, baked beans, & a scotch rocks & a little singing. Trying to find out what we want? Read more. Don’t like the camping out to get attention, offer some more ideas. Join Code Pink.
And in a similar strain as Nick above, I graduated cum laude, am paying off the college loans, work looooong hours, donate to charity, read lots of books, do the dishes when necessary, don’t smoke anything, rarely eat meat, don’t hunt, & I love to swear. Nothin’ better than a damn good debate!
I would like to see an effort to kill the “corporations are people” decision, as well as the “money equals free speech” thing.
These two things are at the root of many of the other problems downstream. And you know the politicians will fight these things, because they benefit hugely from them.
If nothing else, the #occupy movement keeps these issues at the forefront of attention, where political hijinks won’t be allowed to distract attention away from them.
Thank you OB Rag for your continued coverage on Occupy San Diego. You’ve been so amazing and I am very impressed with you guys!
San Diego is being featured on the TeleSur series web site about the U.S. Occupy movement but it looks like they could use a photo – check it out – maybe an opportunity for the Rag to connect to South American Audience –
Thanks Gary. Is there any way you could simply post one of our photos on that site for us?
i have 4 incomes- because in these economic times you have to get your hustle on- i paid for my own school and i dont have credit cards racked up- i cant afford healthcare- but i do go the the clinic if i need it- cause they work just fine! i have not had a car for three years cause it was pay rent or drive? i am part of the 99% who really struggle day to day just to survive and live ! and im all for the protests around the country and around the world- WE THE WORKING CLASS HAVE TO STAND UP FOR OUR RIGHTS- BEFORE WE DONT HAVE ANY- AND THEY ARE BEING TAKEN AWAY EVERYDAY- I ALSO SMOKE MEDICAL MARIJUANA and am just as smart and educated and motivated as the little pussy cat in the corner- who does not live in reality- and all i hear is wha wha wha- I WORK HARD AND DONT ASK FOR ANYTHING THAT ISNT OWED TO ME- BUT I KNOW AS INTELLIGENT AS I AM THAT OUR 1st, 2nd, 4th. the 10th amendments are not HONORED AND AS AN AMERICAN IM APALLED- now lets go back and talk history kitty cat- oyr founding fathers were they dumb stoners?? they smoked and grew- hell ben franklin had the 1st cannbis mill- so before u open your diarrhea mouthed disesase speaking before thinking actually know what you are talking about- AND HOW ABOUT EDUCATE YOURSELF- watch some youtube clips since its above you to physically go to occupy sd- watch the piggies push- shive- hit- mace- break belongings- ALL CAUSE THEYWANTED TO- kind of like the NAZIS did to the jews- AMERICA IS NOT FREE AND OUR VOICES AND STATE VOTES ARE IGNORED AND IM NOT OKAY WITH THAT- we have seperation of state and fed- so the fed didnt get too pwerful and ego?? All politicians are liars- they cheat – steal – lie- THEY ALL SUCK AT LIFE! u live in a bubble- im living in REALITY – and i research all damn day! i bet u have a trustfund or u just dont know very much about life- either way i feel bad for you- see i have seen it all- and i know that i will never give up my freedoms!- when u go out to eat your waiters high- when u go to school or the library- your teacher or librarian- is high- your firefighter is high- your soccer mom is high-everyone smokes weed!its not that big a deal:) I WORKED AT A COLLECTIVE & SAW ALL THOSE STONERS WITH MY OWN TWO EYES! i bet your a bigot too?? – please educate yourself- sincerely- a really smart stoner who works (imagine that)-
You guys are AWESOME!
Communism Rocks!
Labor Unions should Rule The World!
thank you.
Insincere
I love you guys.
To hell with the rest of the world.
We are the 99 per cents!
Oh yeah!
ridicule
Oh, thanks Nick!
Perhaps the moniker should be Occupy Polly Anna
First, people need to understand that you DON’T have the right to “free speech” without repercussions. You also don’t have the right to assemble without a permit. The occupiers think WS execs should be held accountable for breaking the law, what about the occupiers themselves? Why do occupiers think they are above the law (funny, just like WS)? Where is the condemnation of one of their own beating up a woman who didn’t agree with them? Do the occupiers realize that the 99% voted in at the midterms the govt that they have a problem with? Did the occupiers vote? Are you holding the 99% accountable for their poor midterm selections?
Jazzie said: You also don’t have the right to assemble without a permit.
Yes, you do. The founders didn’t state that you needed a permit to peacefully assemble. Requiring permits defeats the whole purpose. The constitution has been usurped by a group of elites who have caused the constitution to be ‘interpreted’ as it pleases their collective and personal agendas. Basically there’s been a coup. The government has lost it’s legitimacy to dictate or rule over the people. Elections are rigged. Everything is rigged. It’s racketeering on a massive scale, so I believe your interpretation of existing law is correct in the sense that laws do exist that say we must get a permit to assemble. But the statutes requiring permits are about as constitutional as the coining of money by a private consortium and the immunity granted to persons who are more ‘equal’ than the rest of us.
Freedom of speech is our First Amendment Right. Ask any African American —or female for that matter— if protesting works. Sorry if some folks would rather keep their head in the sand (usually the ones who live in a fantasyworld)—but the 99% speak alot louder than the greedy, misinformed 1%, and our voices are being heard all over this country and the world. Deal with it.
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