Some 1848 miles to the west of the epicenter of the #Occupy Movement at Zuccati Park (AKA, the new America's Liberty Park), sits Colorado Springs, CO. A place of extreme contrasts where also resides NorthComm (the institutional rebirth of the U.S. command to plans, organizes, and executes homeland defense and civil support missions---meaning internal armed forces aimed inward), NORAD, (North American Aerospace Defense Command), Peterson AFB, Schiver Space Command, Fort Carson and the Air Force Academy---yes this is the center of military outside the Pentagon in the US, but also it is the home of Focus on the Family, where also there are 80 other evangelical institutional non for profits----BUT ALSO it has a vibrant, vigilant and capable liberal/progressive activist community even though it is in top 20 most conservative voting counties in the country (though each year dropping).
The local #Occupy Movement has defied the local authorities by taking over the corner of Tejon & Bijou Streets (where Uncle Wilber's Fountainresides) in Acacia Park. Two winters ago Colorado Springs experienced an embarrassing period where over 1000 homeless tents (mostly Vets) sprung up on public lands, mostly along Fountain and Monument Creeks where the non-empathetic City Council passed a no camping ordinance to wipe away the problem. The police have now threatened to use that ordinance to remove #Occupy protestors where two days ago they had a meeting which was recorded. ">Video here
Early this morning I stopped by our local version of Occupy and talk with those leading the effort. There were about a dozen souls braving the early morning chill that had temperatures climbing out of the 30’s, this is not uncommon in our Rocky Mountain foothill climate. This morning I found Jon, a recently laid off Civil Engineer and father of two, enthusiastically calling out to cars for a honk and show of support.
I spoke with Jon about the salient issues of free speech and our reputed Colorado Springs Police, (CSPD) who are notorious for being openly brazen and quite brutal when dealing with dissent. Note here that in March of 2007 at the St. Patrick’s Day parade, a community celebration that attracts thousands of families and mild-mannered revelers, where CSPD physically accosted nine elderly parade participants possessing a valid parade permit, as they brutally arrested them during the parade. ">video here
For what you may ask? WHY FREE SPEECH of course, but more importantly public free speech opposing war, as in simply peace marchers. You see in Colorado Springs Free Speech is not wanted when opposing the number one industry in town----war mongering. St Patrick's Day parade protestors should have known Colorado Springs police attitude toward peace marchers as evidenced on July 25, 2003 when they were gassed and mass arrested for a peaceful march in another public park: Photos and report here
Four years later the city (and its private parade organizer) and the ACLU settled the case by not (being able) to prosecute those arrested where social issue free speech was now allowable in public parades in Colorado Springs.
CASE No. 07-M-12531, 07-M-12534, 07-M-12521, 07-M-12535, 07-M-12533, 07-M-12536, & 07-M-12532, Colorado Springs Municipal Court
ACLU CASE No. 2007-05
Description:
The City of Colorado Springs prosecuted seven persons who marched with a larger group during the St. Patrick’s Day Parade in Colorado Springs on March 17, 2007, wearing green t-shirts with peace signs and carrying peace banners. Although they had a permit to march in the privately-organized parade, the group was told that they had to leave because the parade organizers banned messages relating to “social issues.” The seven were arrested and charged with failure to disperse. The ACLU of Colorado successfully represented the seven defendants in their criminal trial. In 2008, the parade organizers abandoned their ban on “social issues” during the annual parade.
At issue now is the burning question of #Occupy Colorado Springs taking over a corner of a public park, (Acacia Park) in the city’s downtown retail district. The point of contention is whether #Occupy is violating the camping ordinance, recently passed a year ago winter when Colorado Springs experienced a flood of homeless (many who were previous honored veterans), camping along its creek sides in and around the downtown districts. Instead of seeking to help these economically disenfranchised members of our society, Colorado Springs leaders sought to merely remove the eyesore existence from its consciousness by making temporary residences unlawful.
In doing so Colorado Springs passed a local ordinance making it illegal:
This is what the police and city attorney are presumably interpreting that #Occupy is doing, camping at Acacia Park. But #Occupy organizers state something completely different, they say they are merely occupying (indeterminately and 24/7) now in its 14th day, a corner of the park, as a protest and free speech and assembly the current state of affairs in the U.S.
The aforementioned video of the CSPD meeting displayed a few highlights that demonstrated how disingenuous our city’s attorney’s office was in first calling for a meeting where they had earlier agreed to be present, but later reneged, issuing their own interpretations of the law through the uniforms of the CSPD. #Occupy stood fast and challenged the interpretation and threatened that if removed they would also constitutionally attack the ordinance as unconstitutional. The ordinances in question are:4.2.102, detailing that park hours are from 5:00 a.m. through 11:00 p.m. from May through October; 9.6.110, which prohibits camping on public property; and 9.9.404 which also prohibits camping on any park property. Camping is defined as use of the public area for:
1. Sleeping or making preparations to sleep, including the lying down of bedding for the purpose of sleeping.
2. Occupying a shelter out of doors. "Shelter" shall mean any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material.
3. The presence or use of a campfire, camp stove or other heating source or cooking device.
4. Keeping or storing personal property.
But this is no ordinary park. It is the place where public political meetings and events go on all through each year. In fact Colorado Springs Pridefest takes over the place each year with shelters and displays spanning three days (and nights) each summer. The Tea Party held many of their rallies over weekends with long festivals as do many other organizations. Sure each gets a permit, but the fact remains, shelters go up, stay up, stay up over night, and people demonstrate and express themselves openly. (Well maybe not peace and justice speakers).
None of them are challenged by the camping ordinance, since in fact no one is taking up residence. Yes the park closes at 11 PM but that is never enforced either and in fact #Occupy has been strategic setting up on the right of way between the park and the city street. No matter they are believed to be camping.
Now Gov Hickenlooper and Denver Mayor also have a similar problem in and around the State Capitol where Occupy Denver has set up shop. He said:
No one appreciates the First Amendment as much as I do, but they can’t continue to stay there overnight.
Mayor Hancock said:
This is about health, safety of the Occupy Denver protesters. I know there’s economic pain, but even though I empathize, my job is to uphold the law and keep Denver safe.
Hickenlooper and Hancock are both Democrats giving lip service for the protestors but worry about safety and sanitation. Get real John, (I know him and I hope he reads this), stop using Republican style “strawman” arguments that you fear a fire and then you will be blamed….heck I could say the same thing about you riding a bicycle or something…what I expect is for you to say…
I support the protestors and their right to FREE Speech. They should stay and remind us each and every moment that we have not been responsive to the needs of the people and that until we get it right and get it done they should stay.
What you actually don’t like is being embarrassed in maintaining the status quo while your fellow citizens have been getting pummeled by corporate greed and malfeasance.
So Colorado is standing tall and resisting the bully nudges of the authorities. They got this courage from New Yorkers who also stood tall and made America begin to make their leaders account for this mess. Carry on.