BREAKING: (Posted by a protest participant) UNM Campus Police have just informed us that anyone associated with Occupy Albuquerque are not allowed in the park at ANY time, day or night even though the public is allowed to be in the park from 7 am to 10 pm. Rhodona is talking to media as we speak.
A General Assembly meeting was to be held at 6pm in Yale Park this evening. However, breaking information may deter this from happening. This Diary will be updated to include more info as it comes in.
Until that time, the Weekly Alibi weighed in with a rather scathing article against UNM's decision to evict the protesters from Yale Park, especially their reasoning behind it which was the subject of a previous diary entry here.
Kudo's to the Weekly Alibi! Excellent article!
3:43 PM PT: Protesters now heading to Yale Park for the GA meeting anyway. Decision to be made as to where to hold meeting; on the sidewalk, in the park, at the Peace and Justice center nearby, or elsewhere.
This movement will not be deterred!
3:44 PM PT: The NLA has been informed of the situation.
3:58 PM PT: At the moment, comments on the Occupy Albuquerque FB page indicate many are heading down to Yale Park anyway, and suggest they stand their ground.
4:09 PM PT: KOB News 4 Video
Raw video from KOB Eyewitness News 4’s Gadi Schwartz who was on scene last night.
4:12 PM PT: KOAT channel 7 (Local ABC affiliate) will have a live report at 6pm.
4:17 PM PT: From one protester on site states: I don't have the officer's name (UNM Campus Police) but Attorney and media have it. His exact words, "the people don't have the right to assemble"
4:23 PM PT: Comments: WTF! Everyone can be in the park UNLESS you are ASSOCIATED with Occupy Albequerque. -talk about NO FREEDOM TO ASSOCOATE
can you say First Amendment violation?
4:25 PM PT: From KOAT FB page: i am a student of UNM and i think it is so bad that UNM is kicking the protestors off the campus... you know not many young students even know how american protesting students and citizens gave up their life to stop the vietnam war... if we keep going down this road of denial.. and forbidding protestor it may become violent.. remember Ohio State University... i was very little but my friend lost his sister there she was one of the four they killed.. we need to wake up America.. Albuquerque used to be so very good about this stuff... now it is so policed!!
KOAT Channel 7 FB page
4:33 PM PT: Tweeters on the local and national level are assisting with our efforts locally and have been since last night's peaceful civil disobedience and the arrests.
Just re-tweeted by a national level activist: DustinSlaughter Dustin M. Slaughter
RT @RoseWeaver12: UNM cop's exact words: "the people don't have the right to assemble" From protester on site #OccupyBurque #ows
4:34 PM PT: The ACLU has been notified.
4:35 PM PT: pnut_66 jan alroy
@KeithOlbermann RT @RoseWeaver12: UNM cop's exact words: "the people don't have the right to assemble" From protester on site #OccupyBurque
4:38 PM PT: From Occupy Santa Fe's FB page:
Mass Arrests at Occupation Site Albuquerque
by Occupy Santa Fe on Wednesday, October 26, 2011 at 5:18pm
PRESS RELEASE
40+ARRESTS AT ALBQUERQUE
NEW MEXICO OCCUPATION SITE
IN TANDUM WITH GOVERNMENT DISMANTLING OF OCCUPATION SITES IN ATLANTA AND OAKLAND, LAW ENFORCEMNENT CAME IN FULL RIOT GEAR TO OUST OCCUPIERS IN ALBUQUERQUE, NEW MEXICO. PROSTERS REMAINED PEACEFUL WHILE POLICE ARRESTED MORE THAN 40 PEOPLE. LEGAL OBSERVERS, VIDEOGRAPHERS WERE PRESENT TO DOCUMENT. AFTER ARRESTS, SUPPORTERS MOVED TO THE SIDEWALK IN SOLIDARITY. POLICE TOLD ALL THOSE WITH CELL PHONES TAKING PICTURES, “THOSE WITH CAMERAS ARE NEXT” FOR ARRESTS. ALL STOOD SILENTLY HOLDING THEIR GROUND AND CELLPHONES. AT ONE POINT, COPS AND PROTESTERS WERE FILMING EACH OTHER. ALTHOUGH LEGAL ON THE SIDEWALK, COPS CONTINUED WITH THEIR ARRESTS, AT ONE POINT ACTUALLY PULLING PEOPLE FROM THE SIDEWALK TO MAKE ARRESTS. YOUGNEST ARRESTTEE WAS 8 OR 9 YEAR OLD GIRL. ELDERLY AND DISABLED ARRESTED TOO. ONE FREMALE VIDEOGRAPHER ATTEMPTING TO DOCUMENT POLICE BRUTALITY WAS BATONED WHILE SO DOING. MULTIPLE PEOPLE WERE PEPPER SPRAYED INCLUDING ONE ELDERLY MAN USING A CANE TO WALK.
NEW MEXICO NEEDS NATIONAL ATTENTION TOO. WE ARE THE FIFTH LARGEST STATE, FULL OF INDIGENOUS POPULATIONS, AND ONE OF THE POOREST STATES. PLEASE INCLUDE OUR RURAL BROTHERS AND SISTERS IN YOUR NEWS.
4:39 PM PT: FROM THE JAIL SUPPORT GROUP: So far we have collected $282 in bail money donations. We estimate that we are going to need AT LEAST another $1,000 to bail our brothers and sisters out of jail. Please bring all donations to each GA. We have chosen Santhos as our treasurer.
4:45 PM PT: From Occupy Albuquerque (Official) Burque
Attention: Anyone associated with un(Occupy) Albuquerque is not allowed in Yale Park any time of day now. The Satellite across the street has generously offered their patio, and the GA will be held there tonight. See you there!
4:53 PM PT: From the Author: So, it is official. The members of (Un)Occupy/Occupy Albuquerque are no longer considered members of the General Public in the eyes of the University of New Mexico.
They have been banned from Yale Park and cannot be there at any time, day or night, although anyone else from the general public can be.
5:03 PM PT: Yes - it is official!!! Huge potential for violation of free speech and assembly... THere could be serious repercussions for the university of the community and faculty/students stand up against this most basic abuse of rights. The UNM PR spin doctors spent the day refining their message and waited until the last minute to announce it so there wasn't time to mobilize. Welcome to the new world folks...
5:07 PM PT: KOAT; Group is holding their meeting on campus. UNM Police closing in on the group. Lt of UNM addressing the group now. Occupiers say they want to keep the movement alive. Report is showing arrests from last night.
UNM says protesters violated "code of conduct".
Interviewed protesters say they can be arrested or not exist.
UNM Police are now discussing with the group, but nothing currently happening.
Unsure if further arrests will be made.
5:13 PM PT: AND HERE WE GO AGAIN... db_s_turbosnail db_s_turbosnail
#occupyburque state police in full riot gear to evict protesters
5:23 PM PT: From a protester (and wise words): keep in mind folks - the UNM Police really can't believe that this order has been issued - it comes from above them... support the police, stand tall in fighting this kind of oppression. This has the potential to be HUGE on the national scale if everyone stays energized about it...
5:26 PM PT: TravelABQ Travel Albuquerque
Protesters reconvene outside schlotzsky's with permission from local businesses. Come join! #ows #Occupyburque
5:31 PM PT: Ustream currently live as long as battery holds out: (un)occupyabq UStream Channel
5:37 PM PT: 6 people still in jail requiring $250 each. Only $280 has been raised.
5:37 PM PT: 6 people still in jail requiring $250 each. Only $280 has been raised.
5:39 PM PT: November 5th: Moveon.org is calling for moving money from banks to credit unions.
5:43 PM PT: Larry with NLG and on behalf of ACLU: about 4 or 5pm, was notified by protesters in the park that UNM police would not allow protesters in the park. Asked UNM officials what concessions they would give. ACLU has agreed to work on an injunction. GA must come to an agreement to what they want within reasonable guidelines; and who desires to be plaintiffs in a First Amendment Rights lawsuit. And to continue to meet in Yale Park. ??? Proposal put forward. Now asking for Stand Asides...
5:44 PM PT: One stand aside; most parks do close at 10pm, so a question has been raised as to whether lawsuit would be won on that issue.
5:46 PM PT: If permission is asked to assemble during regular park hours, proposed permit is not required. Agreed upon by many. However, Larry states as part of injunction and point of law, permits for protest are required.
5:46 PM PT: We're not asking permission to support First Amendment rights... (requires verification... hard to hear)
5:49 PM PT: Central Ave is highly visible... (question being asked) ... next to UNM which is a symbol of this movement. Supports the proposal. Can Larry verify difference between injunction with plaintiffs and those who were arrested last night and will be defending 1st Amendment rights?
There really is no difference. Some will have an extra claim and will have to fight your criminal charges.
They've already violated your rights. So, if you feel the need to be arrested, have fun.
If we can come to an agreement to be a plaintiff or not... (unsure)
CONSENSUS REACHED
5:52 PM PT: For injunction to exercise 1st Amendment Rights as we have been doing without permit. That is the consensus reached.
Proposal is to stay on sidewalk for tonight and move to a different jurisdiction to decide further action.
Pointed out that two proposals are in conflict with each other. Again consensus has been reached for injunction!
5:53 PM PT: If you want to be a named plaintiff... there is no cost since the ACLU is pursuing this.
5:53 PM PT: Unsure of timeline for returning to Yale Park due to courts, but may be within a few days.
5:54 PM PT: May be in local, but seems since this is a Federal Issue, may move to Federal Court.
5:56 PM PT: Proposals being considered for where to have GA meetings until return to Yale Park...
5:58 PM PT: Most proposing meeting at Yale Park; some on sidewalk, some in park. Those who wish to risk arrest may do so, while other remain on sidewalk.
6:00 PM PT: Losing stream connection...
6:04 PM PT: 1. Meet at 6 at Peace & Justice center
2. at yale park at 6 every night
3. at yale part at 6; those who want to exercise 1st amendment rights remain on UNM property while others leave
4. same while others move to robinson park
5. same while others move to area near police station
6:05 PM PT: 6. meet at 5 for 1st amendment protest in front of police, then move across the street at 6 for GA meeting
6:08 PM PT: Question: was permit only for Yale Park or whole campus... A: Yale Park only
1st Amendment applies to whole Campus, permit or no permit
6:09 PM PT: another proposal being made, but difficult to hear due to wind...
6:10 PM PT: Crowd insisting they need to be on Central; need to take back Campus area
6:11 PM PT: Channel 4 KOB has arrived
6:12 PM PT: Professors and students will be at Yale Park tomorrow according to one protester
Another proposal for staying on the sidewalk next to Yale Park as has been done.
6:12 PM PT: Straw pole on proposals now being taken
6:14 PM PT: Crowd prefers 3 proposals dealing with meeting at Yale Park
6:19 PM PT: Proposals need to be clarified ... assistance will be required. Thank you.
Currently discussing two most popular; meet everyday at Yale Park at 6pm. some in the park and some on the sidewalk. The other is meeting at 5pm, protesting for an hour, then moving GA across the street at 6pm.
6:20 PM PT: GA does not like the proposal to move from Yale Park
6:24 PM PT: I have lost the live stream... proposals were still being discussed.
6:27 PM PT: Livestream back; off and on... no consensus yet reached.
6:32 PM PT: Proposal to seek private property to stay 24/7 for winter while protesting 1st amendment rights.
More cops have arrived on scene. NM State Police including a school bus have shown up.
6:34 PM PT: GA has permission to be on property right now. No reason for police presence.
6:44 PM PT: Lost livestream. Reported increasing police presence on scene even though the GA has permission from property owner to be on site for the meeting. Consensus has not yet been reached on the most popular of 2 proposals which both involve meeting at Yale Park and protesting and/or remaining in the area for GA meetings.
Anyone present at the GA meeting, please feel free to update and/or correct via comments!
Thank you!
6:50 PM PT: Property GA is currently meeting is at Schlotzsky's!! On Central across from UNM. They have permission from the owner and ARE NOT ON UNM PROPERTY.
From KOB4:
Albuquerque's '(Un)occupy' protesters are working to figure out where they will hold their camp, now that they have been kicked out of Yale Park by the University of New Mexico administration.
A group of drummers are back at Yale Park Wednesday, but they are on the sidewalk and not on the grass or camping out unless they want to get arrested.
Tuesday night, 31 protesters were arrested last night when they refused to leave the park. UNM police enforced the eviction planned for 10 p.m. The protest was almost entirely peaceful and protesters had every chance to leave before the police made their move.
Chad Otoski was one of the protesters arrested.
"I feel more motivated to be out here now. I mean, I was hoping I'd come back and find a bunch of tents up here and I was gonna set up my tent here and get arrested again…like why not, right?" Otski said.
"This isn't about roasting marshmallows and running an encampment, the reason people are here, the reason people are frustrated, the reason you're watching television is that 99 percent of the county is frustrated that we don't have a democracy that works for us," said protester Daniel Simmons.
Members of '(Un)occupy' said they would like to find private property, fronting a very public place, but they are also wondering a bout the options for using city property such as a park.
Mayor Richard Berry said sure, but there are curfews and there might be other options too.
"This is a free country; people have a right in America to express their opinions. All we ask is that we do this in a respectful way, that we respect each other, that we respect other citizens in the city of Albuquerque and that we're doing it in a safe manner," Berry said.
City Councilor Ike Benton said he supports protesters taking their movement to a park as long as they obey city rules.
6:58 PM PT: TONIGHT! starting now a rally march through the student neighborhood around the Harvard and Central area to get the community involved and support the action to mobilize in response to the violation of First Amendment rights to publicly assemble peacefully! GET INVOLVED!
7:59 PM PT: From a protester who participated in the GA meeting: was just at the GA meeting. on the way back to my car i observed several police cars and uniformed officers (APD and UNM) on the north side of Yale park as well as a number of unmarked police vehicles parked on central near the schlotzskeys.
No consensus had yet been reached when this individual left.
8:36 PM PT: From a protester who attended the General Assembly meeting: We agreed at the GA tonight that we will file an injunction against UNM for violation of our right to peacefully assemble. Larry, the amazing lawyer, is looking for plaintiffs esp that are UNM faculty and staff. Anyone have his contact info? I have a faculty who wants to be a plaintiff. Also, 31 arrested last night, 5 still in jail, and 2 arrested tonight at Yale Park.
8:49 PM PT: Just in: It was also decided that we will meet every day at 5 pm at Yale park to protest for our first ammendment rights..
9:11 PM PT: KOAT Channel 7 (ABC affiliate) reports only 1 arrest this evening while the General Assembly was still in Yale Park prior to moving to Schlotzsky's. They also report the GA has decided they will continue to meet at Yale Park regardless of what UNM says, permit or no permit.
I must admit that I am impressed with KOAT's accurate reporting of Albuquerque's (Un)Occupy/Occupy Movement!
9:32 PM PT: From a protester posted on the Occupy Albuquerque FB page: ALBUQUERQUE, NM (KRQE) - The University of New Mexico is telling Unoccupy Albuquerque protesters, "Don't test us again."
I think there are lots of students that want to tell UNM that too..
9:37 PM PT: While searching for clarification on the proposal on which the GA reached consensus, Marti, a member of the (Un)Occupy/Occupy Albuquerque Movement since the beginning responded with the following: Since I have not found any updates, I was photographing, it was raining, I have no idea what's going on now, what I vaguely remember was that they would start at Yale Park, try to GA on the sidewalk, and if that failed, move to the Schlotzky's/Satellite space where they wound up tonite.
This does seem to make sense since it was one of the proposals made this evening. I'm hoping other protest members begin to comment with additional information soon. I requested assistance for accuracy since I couldn't hear clearly and the livestream cut out.
10:00 PM PT: LATEST UPDATE:
Marti: Remember tomorrow morning at 8 AM on KUNM: What are some of the problems or issues with the movements in NM? How can they be resolved? The conversation on protest movements and Occupy Wall Street will continue on the KUNM Call-In Show on Thursday at 8 am. Call 277-KUNM (5866) or toll-free 877-899-KUNM(5866).
Barbara: not at this point the President refuses to Communicate or talk to protesters.
Rose Weaver: Barbara, did he say that directly?
Barbara: he isn't saying anything to us. Won't take calls esentially wiping his hands. Gave order to campus police to use force if necesarry
10:10 PM PT: Desi: A number of people have been trying to set up a meeting with his [UNM President Schmidly] office since late Monday night with nothing but delays so far... The admin. office did say they might be willing to meet Friday when Schmidly's Chief of Staff gets back in town but many feel that is too late. As to the refusal to communicate - I agree that that is they way they are operating. They communicate through carefully worded press releases timed at strategic intervals to minimize negative feedback and only reply to queries when pressed relentlessly - if they reply at all...
10:31 PM PT: Finally found a comment which hit my phone feed... Yet another protester confirms... Rhadona: UNM has officially stated that Occupy Albuquerque protesters (and only us at this point in time) can not assemble on ANY campus property! ;) So an injunction is being filed on our behalf by our groups legal council and the ACLU!
10:36 PM PT: In response...
Patrick: So students who proclaim association with the Occupy movement can be arrested for going to class? Nice.
Frang: ...I like the injunction part, since UNM's actions are kinda unconstitutional.
Michael: Exactly.
Marti: This is so intensely asinine. I was born and raised here, my daughter is a graduate student at UNM, my dad graduated from UNM, and for them to tell me I can't be on their campus talking to whomever I please? Give me a break!!
JUST IN: TRANSCRIBED GA NOTES FROM THIS DATE:
General Assembly Notes
October 26, 2011
Camp rules iterated.
GA assembling on sidewalk near Yale park. Law enforcement currently present and ensuring we are unable to enter the park.
Announcements:
Action on Tuesday, October 25 2011 -
Last night, from 11pm to 3am, there were nearly or possibly more than 500 people peacefully assembled to stand up for free speech. There were also approximately 150 police, some in riot and SWAT gear. Approximately 30 people were arrested because they refused to leave Yale park or Camp Coyote. Most people who were there were not arrested but stood in solidarity with the people who were arrested in the sidewalk and in the street peaceful. We partied and played music and there were fireworks. Pepper spray and batons were used on the part of the police, in the opinion of the speaker there was too much force applied. Several people were maced and/or struck with riot batons. As of this writing, only 6 individuals remain in jail.
Statement/s from crowd: “When we were in the prisoner transport we could see them using excessive force and slamming people on the concrete.”
“It is also important to know that the people who were arrested were having a party in jail.”
24 people came out in TLC and were angry, stating “if it can happen in a small town like that it can happen across America.”
There will be another event on Saturday at 11am at Yale park.
The Martin Luther King task force is collecting eye witness reports of police brutality in Albuquerque. Please fill out a report and give it to Andy.
Santosh will be here in about 15 minutes to collect donations for bail money. I suggest that everyone here get a PoA in case you go to jail so that someone else can put in paper work for you.
A good place to have meetings might be that little park by the police station.
Sebastion: “I want to say that when I was approaching my 26th hour I started realizing that i wasn't too hungry because I was thinking about the great thing we did yesterday, and it was helpful to have those good memories and to know that we will defend this democracy. And that I will get support for all of you.”
On change.org is a petition to support Sebastions Pa’s hunger strike and we've reached about 140 emails asking Pres Schmidly to meet with us and to work with us and compromise with us to support our right to assemble. If you haven't signed, go to the Facebook page and sign. I'm making posters/propaganda and if anybody has access to a color copier and wants to spread this message of free speech, free press, and art - please see Maddie.
Barbara: “My name is Barbara, and we had quite the incident last night, but it is by no means in comparison to Oakland and I want to take a moment to support 24 year old USMC member Scott Olson, who has a skull fracture and his head is swollen. They don't know if he'll live.”
“My suggestion is that he become the face of Occupy Wall Street.”
“There has just been an arrest over there. Point clarification, I just heard that he was the second tonight to be arrested.”
“Mic check. Regarding Scott Olson, he was injured by a tear gas canister fired by the cops and then when people gathered around him to drag him out another cop tossed another flash bang which went off right next to his head. And then the police announced that it was just m80’s thrown by the police.”
“I have a list of 6 people still in jail with a 250 bail each. So far we have raised $282.00. We can't return donations.”
Saturday Nov. 5 at 6605 uptown Blvd. Moveon.org is calling for a protest and march with Occupy Wall Street and move your money to a local credit union. It’s an international movement of people closing their accounts at large banks and moving that money to local banks and credit unions. Begins at 11am, NMEFCU offers support.
“aviconant@gmail.com -So there is a guy to talk about our 1st amendment rights.”
“Around 4 or 5 o'clock I got notice from people in the park that the police wouldn't let us exercise our 1st amendment right to assembly. I called the university council and the person there didn't have any information which they were willing to admit to or give. I called the ACLU and they agreed to start working on an injunction to allow us to continue our first amendment right to assembly:
Proposal: We will file an injunction letting us exercise our 1st amendment rights against UNM saying that we may assemble from 7am to 10 pm in any open space at UNM especially Yale Park. We do not need to have a permit to assemble. Consensus Achieved with a few stand asides.
Proposals straw poll:
Peace and justice center - no votes.
Yale - not very popular.
Yale Park or Yale + arrested – 14 votes
Yale Park + Sidewalk for 1 general assembly on two pieces of land -
Robinson Park -
Police station Park -
That we meet every day at 5 have our 1st amendment protest in front the Yale park and we can come back over here (Satellite) and have the group together and really concentrate on building this movement -
Larry: “I'm not sure of the timeline of getting into court, usually it should be addressed directly in a few days.”
“Federal court or district?” – Larry: “I don't know when it will come up.”
“Is the permit for each specific area or for the whole campus?”
Proposal: We will meet every day at 5 pm and have a 1st amendment protest at Yale park and if we are pushed out then we will meet at another location. We will stay an appropriate amount of time to defend the first amendment but that people still look for property where we can stay 24/7 so that we can winterize and organize other things. Consensus is achieved. One stand-aside due to no language about civil disobedience.
Proposal: We will meet here tomorrow and if they kick us out then we will move to peace and justice.
Proposal: We will wait an hour before we march through the street.
Stand aside: “I think we shouldn't annoy people at night, weather is bad.”
Consensus is reached.
Assembly adjourned.