For all that I've read about the impending closure of the lawn where the Occupy LA movement is encamped, I am still not quite clear on why the city is taking this action now. (I'm also not clear on how much it is going to cost the city, a concern that I raised on Friday. By the way, that linked diary generated a good, smart, and diverse comments section that is relevant to this one.)
One argument that seems predominant is that the encampment can't last forever. I don't see how this could be proven one way or the other -- if the Los Angeles doesn't overreact with its police force, it's not clear that the continuation of the occupation could not be indefinite. Like many others in the Occupy movement, I think that moving on every once it a while may keep things fresh -- if I were in Occupy LA, for example, I'd be taking a hard look at the financial institutions in Century City -- but I realize that those staying on the ground are resistant to change.
What could happen, instead of the confrontation that could begin a half hour or so from the time I am writing this, is more negotiation. The Occupiers didn't like the City's offer? Make them a better one! It's better for the City itself than what's likely to come tonight and thereafter. They're just amping people up with all this.
(By the way, I don't expect to see them start rolling things up at 12:01 a.m. PST tonight; I think that they'll give it until 2:20 a.m., maybe even 5:20 a.m. if need be. They want people sleepy, after all, including the media.)
The argument that seems to persuade a lot of people is the "slippery slope" argument: that having bent the rules for one group, the City would now have to do so for all groups. That's what this diary addresses. There's a way around that: they could do what we've done in Irvine.
We've crafted an agreement with the City allowing us to stay on the lawn of its City Hall, renewable two weeks at a time, that the Klan and the Nazi Party and the Minutemen and the Westboro Baptist Church probably either could not or would not want to follow. It requires us to be on really good behavior -- and we are. I'll tell you: you get the KKK to sign an agreement like this and you can let them stay on the lawn, because they're going to be really unhappy (and, unlike us, they're going to get taunted continually from the sidewalks -- and, unlike us, won't likely be able to stay unarmed and non-violent.)
I've written about this here before as "The Irvine Model" for an Occupation. (That link is to a huge version of the diary, telling the entire story up through October. If you'd like it in bite-sized pieces please use these four links instead.)
The idea is this: we want an encampment -- it's a focal point for the movement, a place to meet and plan and stage our actions into other areas -- but we want to be on good terms with the City of Irvine as well. So, we worked out a "Letter of Understanding" with them -- that's essentially a contract by another name -- that gave us certain rights and imposed upon us certain obligations. The first such agreement came into being on Tuesday October 25 and lasted until Wednesday November 9; the second agreement extended that until Wednesday November 23; the third, signed last Tuesday night, will last until Wednesday December 9.
Here's a copy of the initial Letter of Understanding, just in case the City of Los Angeles would like to take one last look at something other than the abyss:
Letter of Understanding
This Letter of Understanding is made and entered into by and between the City of Irvine (“City”) and the Occupy OC Demonstrators, effective as of Tuesday, October 25, 2011.
The parties agree as follows:
1. For the period beginning on Tuesday, October 25, 2011 and extending through and including 12:00 noon on Wednesday, November 9, 2011, the portion of the Civic Center situated at the northwest corner of Alton Parkway and Harvard Avenue, between the wall and the sidewalk, is approved for use by the Occupy OC demonstrators for overnight camping purposes, subject to the provisions of this Letter of Understanding.
2. The duration of this Letter of Understanding may be extended in writing for such further period of time and subject to such provisions as are mutually satisfactory to the parties.
3. To enable maintenance by the City of the front lawn (the area between the wall and City Hall), to eliminate the need for late night irrigation, and to avoid any unintentional damage to the personal property of the Occupy OC demonstrators, the area approved for overnight camping and the front lawn shall be vacated by the Occupy OC demonstrators and cleared of all personal property on Tuesdays and Fridays, commencing on Tuesday, November 1, 2011, for a 5-hour period from 10 a.m. to 3 p.m.
4. The sidewalk shall continue to remain available for the exercise of freedom of speech rights throughout the day and night, subject to compliance with Irvine Municipal Code Section 4-14-105, which prohibits hindering or obstructing free passage. Nevertheless, equipment or other apparatus of Occupy OC demonstrators may be temporarily placed on the sidewalk during the period of lawn maintenance described above, provided that such items do not interfere with the performance of maintenance and do not hinder or obstruct free passage of the sidewalk, and provided further that the Occupy OC demonstrators acknowledge that such items placed on the sidewalk may be subject to irrigation overspray and debris from lawn mowing.
5. Equipment and apparatus that will be allowed for camping include sleeping bags and tents, but excludes structures or improvements that would require a building permit.
6. No cooking, cooking equipment, fires, open flames or smoking are allowed.
7. The Occupy OC demonstrators, at their own expense, shall provide port-a-potties, the number and location of which shall be designated by the City of Irvine, and arrange for normal maintenance of such facilities. The port-a-potties shall be situated within a reasonable distance from the overnight camping area.
8. The Occupy OC demonstrators, at their own expense, shall provide trash collection services and maintain the area utilized in a clean and sanitary condition. On weekend days (Saturday and Sunday), when trash pick-up is not available from Waste Management, trash may be disposed of in the City of Irvine’s trash bins to the extent space is available.
9. Except as otherwise expressly provided in this Letter of Understanding, the Occupy OC demonstrators shall comply with all applicable provisions of the Irvine Municipal Code relating to park use.
10. The Occupy OC demonstrators shall comply with all applicable fire safety requirements, including those set forth in Attachment A.
11. The City of Irvine may designate specific parking areas for Occupy OC demonstrators should the number of vehicles associated with their activities reach a point that inhibits the ability for City staff and community members having business at the Irvine Civic Center to find parking within the Civic Center facility.
12. The Irvine Civic Center is open for business and public access Monday – Friday with every other Friday closed, from 7:30 a.m. to 5:30 p.m., and from 8 a.m. to 5 pm. on open Fridays. Public access to restrooms is available during these times for regular restroom type use, but not for the purposes of personal bathing. The City of Irvine asks for the assistance of the Occupy OC demonstrators with conveying the message and suggesting alternatives for personal hygiene and care. Additional restrooms are available at Bill Barber Park, which Occupy OC demonstrators are currently using.
13. The City of Irvine designates Commander Barry Aninag to be the City’s primary contact with the Occupy OC demonstrators. Commander Aninag can be reached Tuesday through Friday from 7:30 a.m. to 5:30 p.m. through his office phone at 949-724-7025. During all other times, the Sergeant on Duty/Manager can be reached by calling 949-724-7200. In the event of an emergency, call 911. The Occupy OC demonstrators designate Linda Swartz as their authorized representative and primary contact with the City for the purpose of this Letter of Understanding. Ms. Swartz can be reached by calling _____.
14. The Letter of Understanding represents the full and complete agreement between the parties, supersedes any prior agreements or understandings, and can be amended only by written consent of the parties.
15. The parties acknowledge that the terms of this Letter of Understanding are intended to establish the rights and responsibilities of the parties only for the period during which this Letter of Understanding is in effect.
16. The Mayor of the City of Irvine, who is signing this Letter of Understanding on behalf of the City, represents that the City shall be bound by the above terms, provided that the Occupy OC demonstrators comply with such terms. The person signing this Letter of Understanding on behalf of the Occupy OC demonstrators represents that he/she personally witnessed and now conveys the willingness of the Occupy OC demonstrators, through their General Assembly, to be bound by the above terms, provided that the City of Irvine complies with such terms.
CITY OF IRVINE OCCUPY OC DEMONSTRATORS
Sukhee Kang, Mayor Linda Swartz
ATTEST:
Sharie Apodaca, City Clerk
ATTACHMENT A
Fire Safety Requirements and Recommendations
No onsite storage of flammable liquids.
All fire protection equipment shall be maintained in an operative condition.
Clearance around fire protection equipment shall be maintained.
Tents, canopies and temporary membrane structures shall be adequately braced and anchored to withstand the elements of weather and/or collapse.
The sidewalls, drops, top, floor coverings and decorative materials shall be composed of flame-resistant material or treated with an approved flame retardant.
Self-treated materials may subject to a flame test by the Orange County Fire Authority.
Electrical equipment and installations shall comply with the electrical code. A permit for electrical equipment and/or generators shall be required.
Generators, if permitted, shall be separated from tents and canopies by a minimum of 20 feet and isolated from the public by fencing or other means.
The two times that we've amended and renewed it it since then, we've added additional provisions; the first Amendment to it had "no heaters in tents," material on how we'd train our people and interact with the city and some other things; the second Amendment to it had more on our agreeing to show the city materials we would develop on how to brief people, to remove people who were unable or unwilling to follow the rules, etc.
I mention it here and now because it does represent another path to clearing the camp. Get them to agree to follow reasonable rules set by the city, understanding that a truly unruly group would not be able to make or keep such an agreement. That slope just ain't that slippery.
By contrast, the slope that they are on which invites the City to roll in and try to dislodge the demonstrators by force, is not only slippery, but no one really knows where it leads. Berkeley didn't. Oakland didn't. Davis didn't. All we know from their examples is that it is a road to be avoided.
I know that there is little that Los Angeles would prefer doing less than following the lead of its younger sibling to the south. But this is a time when putting pride aside and considering Irvine's example makes sense.
I hope that Los Angeles has the wisdom to do so.
12:42 AM PT: Here's a link to catilinus's liveblog, which I hope remains on the Rec List.