In Tulsa on Wednesday, protesters who were seated on the ground were pepper sprayed simply because they would not move. Last night they sang the national anthem and were promptly arrested by the Tulsa Police Department.
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According to the protesters, none of the people arrested or pepper sprayed have been read their Miranda rights. Additionally, no one who was arrested has been charged with a crime. They've been cited for violating city ordinances, and detained. That's like being arrested for getting a parking ticket.
I just spoke to Daniel Lee, a protester with the Tulsa occupation. He gave me his account of the arrests:
After the call on the loudspeakers by the police declaring that everyone on the green was in direct violation of city ordinance and would be arrested, I stood on the lawn with the others in nonviolent civil disobedience, with my back to the officers assembled, facing the crowd.
The officers came up behind me, and one on my right asked me if I would walk back with them to be arrested. I replied that I am non violent, and will not resist arrest, but I respectfully decline to move, and requested that they move me themselves.
He replied, very well, I felt their hands on my arms, and I went limp, and allowed myself to be lowered down, another one of them grabbed my feet, and they lifted me up and carried me back about 10-15 yards.
They put me down, and were saying "we got to roll him" and then was asked if I would roll myself over to be cuffed. I responded that yes, I would roll myself over, they said good, and I did, they put my hands behind my back, and attempted to put the plastic zipties around my wrists but they kept slipping off due to the layers of clothing I was wearing as it was very cold. They finally managed to get them on.
I was then asked if I would stand up, or if I wanted to be carried to the waiting vans. I replied that I would walk with them, they took each arm, and lifted me up, and I walked between two officers to the van. When I arrived, I was told to stand close to the van and face it, putting out my arms and legs. I complied, and was searched. The arresting officer then asked what items I had on my person, if I had anything illegal or any weapons, to which I responded I did not. He then asked me my name, date of birth, place of birth, social security number, address, if I had moved to tulsa specifically for this event, (to which I replied that no, I am a Tulsa resident).
I was then led over towards the back of the van, and they began removing all the items from my pockets. I only had a wallet and a few items, and the officer commented that I had been prepared, and I replied that yes, I had given my valuables in the custody of a friend to be held before I was arrested. He got to my IWW pin and asked me first how to take it off, and then what it stood for. I told him it stood for the Industrial Workers of the World Union. He asked me if this was what got me involved with this, if this was why I was here tonight. I told him no, I had just recently joined the union in order to have protection for myself as a worker.
I asked him if he would read me my Miranda Rights. He replied "If we discuss a crime, I will read you the Miranda rights." He then asked me what the phone number I had written in Sharpie on my arm was for - I told him it was the phone number for my lawyer. He laughed and told me to get into the van.
At no time was I written a citation before, during, or after the arrest. I was not charged with a crime, just a violation of city ordinance.
In addition to this, a city councilman declared that he believes that the City of Tulsa has the power to trump the first amendment, as long as they jump through some legal hoops to do it.
You said something about first amendment rights and freedom of assembly and free speech trumping city ordinances. That's simply not true. There are no absolute rights under our constitution. All of our rights in the bill of rights can be restricted in certain regulations and in certain specific instances. A person's free speech rights can be restricted, can be limited by a government body as long as the restrictions are first of all content neutral. That means we can't grant you any exemptions because we like what you say, we can't pass any restrictions because we don't like what you say. Restrictions have to be content neutral.
Then they have to be reasonable as to the time and the place and the manner. In other words we can't say you have no right to exercise your freedom of speech in your home. Clearly you have that right. But as long as the restrictions are reasonable as to time place and manner, for instance a city ordinance that says you can't use loudspeakers in a city park after 11:00 at night, that would be reasonable as to time place and manner, so respectfully I disagree with your position that free speech rights are absolute.
That's Rick Westcott, District 2 councilman for Tulsa, Oklahoma. You can send him an e-mail at dist2@tulsacouncil.org if you disagree with his assertion that free assembly is only protected by the constitution in places such as private residences.