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Indybay Feature

Pressure City of Berkeley to Settle Four Civil Rights Cases

by Jason Meggs (jmeggs at bclu dot org)
The City of Berkeley is continuing to drag out costly litigation despite overwhelming evidence of police misconduct against the free speech and human rights of demonstrators. Please call or write urging the City to settle these cases rather than waste public resources to further disrupt the lives of the activists.
court-riders.jpg
(Pictured above: Attorney Larry Hildes and his assistant Karen Wilde, with
five of the Critical Mass defendants at one of their many court dates.
These activists are now suing the Berkeley Police Department).


PLEASE PRESSURE THE CITY OF BERKELEY TO SETTLE
FOUR "CRITICAL MASS" CASES IMMEDIATELY

The decade-long campaign by the Berkeley Police and other elements in the
City of Berkeley to interfere with bicycle demonstrations culminated in a
cluster of flash points during the years 2000-2001. For the first time
ever, activists elected to sue for these harmful attacks on free speech.

Although these four cases show clear wrongdoing by the Police Department,
which was corroborated repeatedly by the citizen-appointed Berkeley Police
Review Commission (PRC), the City Attorney's office is staunchly resisting
efforts to settle the cases and is proceeding with costly and time
consuming actions which will further harm the activists' lives and
increase the costs of the suits greatly for both the City and the victims.
These police abuses have already had some of their desired impact: a
chilling effect on nonviolent free speech activity in the City of
Berkeley. A number of activists have ceased to be involved for fear of
further harm. Please help end this ongoing repression.

While these four cases are strong, a great deal of time and energy is
required to take them to trial, and once in court, there is never a
guarantee of justice being served. As the oil war in Iraq looms, can we
afford to have activists tied down with blatant abuses which happened two
years ago?

We need everyone who cares about free speech in Berkeley to call, write,
and pressure the Mayor and City Council immediately to urge them to stop
the City's denying of the clear wrongdoing of the Berkeley Police
Department and to make amends by settling these four cases. More details
about the cases are below.

Please contact:

Mayor Tom Bates and City Council
2180 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7100, FAX: (510) 981-7199, TDD: (510) 981-6903
Office Hours: Mon-Fri 9 a.m. to 5 p.m.,
Email: mayor [at] ci.berkeley.ca.us <mailto:mayor [at] ci.berkeley.ca.us>

You can email them all at once by cutting and pasting this line:

mayor [at] ci.berkeley.ca.us,wozniak [at] ci.berkeley.ca.us,
breland [at] ci.berkeley.ca.us, hogan [at] ci.berkeley.ca.us,
maio [at] ci.berkeley.ca.us, mhawley [at] ci.berkeley.ca.us,
olds [at] ci.berkeley.ca.us, shirek [at] ci.berkeley.ca.us,
spring [at] ci.berkeley.ca.us, worthington [at] ci.berkeley.ca.us

Or call them:

Linda Maio - Phone: (510) 981-7110
Margaret Breland - Phone: (510) 981-7120
Maudelle Shirek - Phone: (510) 981-7130
Dona Spring - Phone: (510) 981-7140
Miriam Hawley - phone: (510) 981-7150
Betty Olds - Phone: (510) 981-7160
Kriss Worthington - Phone: (510) 981-7170
Gordon Wozniak - Phone: (510) 981-7180
Mayor Tom Bates - Phone: (510) 981-7100

See below for their complete contact information including
addresses, fax and TDD numbers, taken from the City's website:

http://www.ci.berkeley.ca.us/Elected/default.htm


=========================
MORE ABOUT THE FOUR CASES
=========================

You may have heard of one or more of these four cases:

1) February 9, 2001: A demonstration in solidarity with the indigenous
peoples of Ecuador resisting the theft and destruction of their lands and
the inevitable ethnocide of their cultures by Big Oil. Berkeley Police
(BPD) confronted the small group of demonstrators with overwhelming
numbers, forcibly confiscated their sound equipment, bicycles with
trailers, and "the couch", as well as a long banner reading "Indigenous
Freedom" and the personal courier bag of bicycle organizer Jason Meggs
which contained his money, passport, tools, other affects, and 27 keys.
Police unleashed violence upon those who remained at the scene verbally
protesting both the confiscation of property and the disruption of the
demonstration. The PRC found unanimously that many instances of excessive
force were committed by the BPD who struck demonstrators with batons,
dragged one demonstrator, and violently executed false arrests. Much of
the confiscated property was either damaged or never returned, including
the personal effects in the courier bag. The couch was destroyed on the
spot by police and Public Works, over the distressed and shouted
objections of its caretaker, Jason Meggs. Meggs, a well-known organizer
of bicycle demonstrations, was repeatedly struck with batons and suffered
permanent injury requiring ongoing treatment. Police were caught at the
PRC in telling numerous untruths about their actions, which the facts and
especially the video evidence directly contradicted.

2) August 10 and July 13, 2001: The police presence at the monthly
Critical Mass bicycle demonstration in Berkeley became dramatically more
aggressive, culminating in horrifying violence. In July, large numbers of
police in cars, motorcycles and bicycles interfered with the ride. An
unmarked police SUV filmed riders, and the police personnel within the
vehicle refused to identify themselves. A number of harassment citations
were issued to selected individuals in a discriminatory manner: one to a
latina woman traveling with the group, and one to a young man who followed
the surveilance vehicle away from the ride in an effort to identify its
occupants. Next month, in August, this police mistreatment only
intensified. One motorcycle officer was especially problematic,
repeatedly speeding through the crowd and endangering them, then cutting
into the crowd and stopping suddenly to cause bicyclists to stop or
swerve. Police again targeted specific individuals, issuing one false
citation early on, and then deliberately targeting a young latino man
while ignoring others around him. Police charged through the group,
tackling the man and arresting him. One observer was slammed into a
restaurant window. Police unnecessarily caused chaos and confusion,
blaring sirens and pulling, shoving and pushing observers in order to flee
the peaceful crowd with the arrestee. One organizer was injured by
police, receiving a gash on his knee which left a permanent scar. One
bicycle trailer carrying a Public Announcement (PA) sound system was
damaged by police when they tore cables from it and attempted to overturn
it. Participants were traumatized and many of them became scared to
return to Critical Mass, and many have not. Later that evening, after
demonstrators went to the "Public Safety" building to protest the racist
false arrest, a friend of the arrestee was arrested in the center of
Martin Luther King, Jr. Way. He had done nothing to warrant a citation.

3) April 13, 2001: Sgt. Hester of the BPD mounted a hidden camera on his
handlebars for the purpose of following Critical Mass organizers and
recording their behavior. Jason Meggs and Ryan Salsbury, organizers who
bring the PA system to facilitate free speech, were the only two so
targeted. The were not informed at any time that their behavior was going
to be monitored and penalized. They were not asked to change their
behavior. They acted similarly to the rest of the hundred or so
demonstrators. Yet weeks later, Meggs and Salsbury received a number of
citations in the mail totaling thousands of dollars, including one
misdemeanor each. They were forced to hire an attorney. The PRC agreed
that this was blatant selective enforcement. This type of activity is
also explicitly illegal. Finally, it is a clear attack on the ability of
the organizers to participate in the expression of their free speech
rights. Imagine if police followed an organizer of a march throughout the
streets and then sent her or him jaywalking tickets in the mail for each
intersection the march crossed. That is essentially what happened here,
because Critical Mass is a march on wheels.

4) September 26, 2000: Berkeley Police directed Public Works to the site
of a bicycle with trailers involved in a "car-free month" demonstration.
The trailers held banners with the slogans, "Celebrate [Car-Free] Living"
and "Appreciate Bicycles". While University of California Police guarded
them, a large group of Public Works employees took a cutting torch to the
bicycle, destroying its hand-made steel trailer hitch (rather than simply
pulling the pin), cut through and destroyed the U-lock, and tore the
hand-made banners to shreds rather than simply cutting their grommet
leads. The workers bent and twisted over the banner poles rather than
pulling them out, and destroyed the main support struts of one trailer in
the process. Police said their excuse for attacking the trailers was
because of the demonstration against globalization which was to occur
later that evening (at which the trailers were to be used).

Demonstrators have already poured a great deal of time and resources into
exposing this abusive campaign. There is overwhelming evidence of police
misconduct. The City is liable, it's just a question of how much more of
the activists' and their public interest attorney's time and money will be
required, and how much more taxpayer dollars will be required, before the
cases settle or go to trial. It is obvious that delaying the resolution
of these cases is a tactic to further squelch free speech and both human
and civil rights in Berkeley. In light of the dark cloud of domestic
oppression which is forming, you are urgently requested to put an end to
this campaign -- conducted before the so-called Patriot Act! -- by using
your voice while you still can.

Other IMC stories and web sites which relate include:

Feb 9: http://www.indybay.org/news/2002/06/132885

S26: http://bclu.org/stories/abuse_reports/abuse-20000926.html
second account w/photos:
http://guest.xinet.com/rts/past_actions/s26/photos/trailersattacked.html


===

Again, please call, write, and pressure:

Mayor Tom Bates
2180 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7100, FAX: (510) 981-7199, TDD: (510) 981-6903
Office Hours: Mon-Fri 9 a.m. to 5 p.m., Email: mayor [at] ci.berkeley.ca.us
<mailto:mayor [at] ci.berkeley.ca.us>

Linda Maio
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Phone: (510) 981-7110
Email: maio [at] ci.berkeley.ca.us

Margaret Breland
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Phone: (510) 981-7120
Email: breland [at] ci.berkeley.ca.us

Maudelle Shirek
City of Berkeley
2180 Milvia Street
Berkeley, California 94704

Phone: (510) 981-7130
Email: shirek [at] ci.berkeley.ca.us

Dona Spring
City of Berkeley
2180 Milvia Street
Berkeley, California 94704

Phone: (510) 981-7140
Email: spring [at] ci.berkeley.ca.us

Miriam Hawley
City of Berkeley
2180 Milvia Street, Fifth Floor
Berkeley, CA 94704
phone: (510) 981-7150 fax: (510) 981-7155
e-mail mhawley [at] ci.berkeley.ca.us

Betty Olds
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Phone: (510) 981-7160
Email: olds [at] ci.berkeley.ca.us

Kriss Worthington
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Phone: (510) 981-7170
Email: worthington [at] ci.berkeley.ca.us

Gordon Wozniak
City of Berkeley
2180 Milvia Street
Berkeley, California 94704
Phone: (510) 981-7180
Email: GWozniak [at] ci.berkeley.ca.us

Add Your Comments

Comments (Hide Comments)
by thank you
Thank you for suing those bastards! I'm so sick of how we're being mistreated by the police everywhere you turn!

by rider
one benefit from all this legal action seems to be to have put the cops at bay

i know in berkeley at least for the past year the cops have taken a really low profile and the rides have been very positive events

i loved the anti-war ride, the hedwig ride was silly in a good way, and i look forward to anarchist crush night next month (yeah!)

for those that missed the rainy ride thanks to jason we can experience it on video (do people who don't ride critical mass get the same great feeling from watching? i wonder if it's more amazing when you already enjoy and understand the experience? also i don't watch a lot of tv so i'm not desensitived. maybe it's mor amazing to people who have never or can never have the opportunity to ride?)

every day this sick violent system is so oppressive

riding the streets we are so mistreated


how many friends and lvoers damaged, harmed, killed? how many peaceful moments of reflection turned into sheer terror? how much abuse of power can hurt us from a veryday two ton steel vessel?

looking at world politics it's more of the same on a larger scale

i don't know if i'd go mad without critical mass
if only it were 1000 times over

fight the oil war
boycott oil
by Jason Meggs ((jmeggs at bclu dot org))
We are expanding the call to action to include asking for the Council to
fire the City Attorney, Manuela Albuquerque. This is not a request that
is being made lightly.

Albuquerque's legacy of expending gross amounts of limited, finite City
resources to harass and obstruct local activists is well known and must
stop. According to one local attorney, Albuquerque has managed to wrong
everyone from the X-plicit players (nudist theatre troupe) to "Republican
attorneys in favor of telecommunications stations", frequently ignoring
the law. In the end, the City loses in court at great expense. In just
one example, she attempted prosecution of Debbie Moore, a local activist,
NINE TIMES while keeping her actions secret from the City Council, to
their general outrage.

I'm further told that Albuquerque consistently ires the City Council by
misinforming them of their rights and obstructing their procedures for
political reasons. The City Council is frequently wasting time dealing
with Albuquerque's wasting of City resources on these campaigns. The
actions against bicycle demonstrators is just one of many terrible
realities being perpetrated.

Therefore, we are expanding the call to action to include asking the City
Council to take action to find a new City Attorney whose values reflect
those of the City: compassion, justice, and tolerance for free expression.

Please call or email the City Council. EVEN IF YOU HAVE ALREADY DONE SO!
Even if only to add this one request.

*** Please do not forward this email to the council.

*** Please do write a brief email expressing your outrage.

*** Please do express your sympathy for what the Council has been dealing
with, and urge them to end this problem for the betterment of all.

To summarize the points to bring to the Council (you may adapt these or
cut-and-paste into your own letter):

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

To the City Council:

1) Please settle the four "Critical Mass" cases as soon as possible.

2) Settling these cases will not only be the most ethical thing to do, but
will also be the most cost effective for the City.

3) Please tell the City Attorney's office to stop wasting the City
Council's time harassing you with cases that should clearly be settled.

4) Please take decisive action to replace City Attorney Manuela
Albuquerque with a new City Attorney whose values reflect those of the
City: compassion, justice, and tolerance for free expression.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=


You can email them all at once by cutting and pasting this line:

mayor [at] ci.berkeley.ca.us,wozniak [at] ci.berkeley.ca.us,breland [at] ci.berkeley.ca.us,maio [at] ci.berkeley.ca.us,mhawley [at] ci.berkeley.ca.us, olds [at] ci.berkeley.ca.us,shirek [at] ci.berkeley.ca.us, spring [at] ci.berkeley.ca.us,worthington [at] ci.berkeley.ca.us

Please then call them if you can, even if you are not in their district,
even if you don't live in Berkeley (but shop here, visit here, have
friends here, care about what happens here, are tired of hearing of
protesters in general and Critical Mass demonstrations in particular being
targeted with civil rights abuses, etc.):

Linda Maio - Phone: (510) 981-7110
Margaret Breland - Phone: (510) 981-7120
Maudelle Shirek - Phone: (510) 981-7130
Dona Spring - Phone: (510) 981-7140
Miriam Hawley - phone: (510) 981-7150
Betty Olds - Phone: (510) 981-7160
Kriss Worthington - Phone: (510) 981-7170
Gordon Wozniak - Phone: (510) 981-7180
Mayor Tom Bates - Phone: (510) 981-7100


See the original news article above for further contact information.
by pissed
Lemme get this straight.

G Bush and his army of corporate satans is giving tax cuts for SUV's, pouring billinos into bombing the middle east and killing hundreds of thousands of women and children with sanctions, looting the public's savings (sound familiar, S&L) with Enron etcetera, opposing Kyoto climate control, and moving ahead to decimate the last of the old growth forests, our civil rights have been strippped (probably from a G Bush and army of corporate satans plot, it's so obvious) after a staged "Attack" on the "homeland", and the city of so called buzerkeley is cracking heads on people who don't use oil.

HMM.

Somebody turn the world right side up would you please?
by Patriotism is fucked up
> so-called Patriot Act!

I know you're trying to show that it's not what people think it is, but let's face it, Patriotism really is that fucked up.

Patriotism is in essence a form of fascism: the erecting of artificial borders, enforced with military might, as a justification for the swelling of pride and egotism. Us v. them. While some would say that Patriotism in the United States celebrates "freedom", even the most simplistic analysis of the United States shows that to be a delusion.

I searched for a really good definition of Patriotism that I once saw on this site but haven't found it yet.

Kind of related, turned up in my search -

You Can't Trust a Patriot
http://indybay.org/news/2002/12/1550369_comment.php#1551610
by jm
Hello,

Well I've been told to make the bulletin simpler.

"It would take me hours to figure out what's going on, so many big words."

Here's your super-simple way to help support the effort.

PLEASE PLEASE PLEASE DO IT!!!!!!
PLEASE PLEASE PLEASE DO IT!!!!!!
PLEASE PLEASE PLEASE DO IT!!!!!!
PLEASE PLEASE PLEASE DO IT!!!!!!
PLEASE PLEASE PLEASE DO IT!!!!!!


1) WHY DO IT?

For ten years police have messed with bicycle demonstrations in Berkeley.
People have spent weeks in jail, been injured, threatened, and given lotsa
bogus tickets. The big attacks by police come in waves, ususally at least
once a year, plus lower-level harassment throughout the year. We never
sued before. Since we sued, the police have become much more mellow.
For now. Settling these suits is all about making them stop for good.

2) How to do it?

_____ _ ______ ___
| ____| / \ / ___\ \ / / |
| _| / _ \ \___ \\ V /| |
| |___ / ___ \ ___) || | |_|
|_____/_/ \_\____/ |_| (_)


Write an email to the Mayor and City Council. Here we wrote it for you.


mayor [at] ci.berkeley.ca.us,wozniak [at] ci.berkeley.ca.us,
breland [at] ci.berkeley.ca.us,maio [at] ci.berkeley.ca.us,
mhawley [at] ci.berkeley.ca.us, olds [at] ci.berkeley.ca.us,
shirek [at] ci.berkeley.ca.us, spring [at] ci.berkeley.ca.us,
worthington [at] ci.berkeley.ca.us

==================================================================

Dear Mayor and City Council:

Please work to fairly settle the four "Critical Mass" cases before you
now. For over ten years the conduct of the Berkeley Police at bicycle
demonstrations has been brought to your attention. In a city renowned for
its love of free speech and direct democracy, how can this have been
allowed for so long? Peaceful bicycle demonstrators have very important
messages which still need to be heard. It is unconscionable to drag out
these cases when the Police Review Commission has agreed that extensive
police misconduct occurred. Please settle the cases now before more time
and trouble is expended, and please include policy decisions in your
settlement which will protect the public from ever experiencing this kind
of treatment again.

Sincerely,

==================================================================

Don't forget to sign it!

Thank you and please call or write me if you have any questions.


p.s. also you can check out a website for berkeley critical mass, if you're interested:

http://www.berkeleycriticalmass.org/
by Jim Doherty
To: mayor [at] ci.berkeley.ca.us, wozniak [at] ci.berkeley.ca.us,
breland [at] ci.berkeley.ca.us, maio [at] ci.berkeley.ca.us,
mhawley [at] ci.berkeley.ca.us, olds [at] ci.berkeley.ca.us,
shirek [at] ci.berkeley.ca.us, spring [at] ci.berkeley.ca.us,
worthington [at] ci.berkeley.ca.us

Dear Mayor and Council members,

Having been on the receiving end of outrageously hostile BPD
officers regarding my daily and careful use of a bicycle in Berkeley, I can
also urge prompt settlement of the four Critical Mass cases. I would like
to add that the Berkeley Municipal Code needs to be redrawn so it does not
expose the city to further lawsuits from bicyclists trying to exercise their
freedom of expression and their rights to share public space and facilities.
There seems to be an attitude within the BPD that cars and trucks are the
highest and best forms of transportation, with a perception that bicyclists
are inferior and possibly criminal just because they are trying to use the
simplest and sweetest form of human mobility ever devised. The operator of
a brand new HUMMER has no greater rights and liberties than the operator of
the most humble bicycle, or at least that's the way it should be. It is not
that way in a city that criminalizes the mere locking of a bicycle to a
parking meter, something that the bicycle lock industry is designing almost
every bike lock to do. I PROTEST THE VICIOUS NASTINESS OF THE BERKELEY
MUNICIPAL CODE, with reference to bicycles. The actual terms and penalties
within that section reflect a city that hates bicyclists, humiliates and
insults them, and encourages its peace officers to cite and harass them. It
makes a mockery of this city's phony PR asserting since most Berkeleyans are
killing each other and the planet with poisonous fumes in gridlock, that
bicycling should be encouraged. The section of the Berkeley Municipal Code
that criminalizes everything about bicycles is 14.68.370. The section
which makes the mere locking of a bicycle to a parking meter a criminal act
is 14.68.180.
Please reply and clarify to me what the phrase "BICYCLE FRIENDLY"
is supposed to mean, especially with reference to the Berkeley Police
Department.

Jim Doherty

"True silence...is to the spirit, what sleep is to the body, nourishment and
refreshment." William Penn 1644-1718


by resident
Dear Mayor Bates and City Councilmembers,

I implore you to settle the 4 "Critical Mass Bike Ride" cases from 2000-01
as soon as possible. I am so strongly dissatisfied with how City Attorney
Manuela Albuquerque is mishandling these cases that I suggest you consider
firing her!

The 4 cases show police misconduct, and were corroborated by the Police
Review Commission. I was shocked by the police aggression, provocation
and/or unnecessary violence on several of these rides. The police took a
position that the ends justifies the means: that excessive, illegal violence
and abuse could shut the ride down.

This position is unethical and illegal. Berkeley's voters will not stand
for it. Furthermore, this flawed tactic has failed. However, the City
Attorney continues to support this tactic, waste city resources, and take
un-Berkeleyan actions which adversely impact police abuse victims.

Berkeley is NOT YET a safe city for pedestrians and bicyclists. Berkeley is
too congested with cars. Over the last decade, Critical Mass has been a
positive force (& celebration!), which has brought attention to bicyclists'
needs. This has enabled Bicycle Friendly Berkeley Coalition to arise and to
work with the City to make Berkeley much safer for bicyclists. There is
still more work to be done.

One City Councilmember has occassionally joined Critical Mass rides, and
even coordinated a small (non traffic-calming) ride to the Sacramento
Capital building as part of a tentative election campaign! A
trailer-carried sound system (which often showed up on Critical Mass rides)
accompanied that ride.

Critical Mass rides are simply one outlet for expressing frustration at
Berkeley's car culture. Courteously, there is only 1 ride per month, and it
does not start until AFTER the peak of the evening commute. There really is
enough frustration for more rides and a time with more impact and
visibility, but the worldwide Critical Mass movement seems to have settled
on 1 monthly event to have optimal impact.

Obviously motorists are frustrated with Berkeley's car congestion, too.
And, it's not all their fault. Alas, AC Transit & BART keep raising fares,
and AC Transit is severely cutting back its already inadequate service.
This encourages more commuters to opt for car use -- thanks also to our
President's commitment to destroy our economy while maintaining cheap,
subsidized oil. It's no surprise that concerned citizen groups like the
BEST (Berkeley Ecological & Safe Transportation) Coalition and CLB
(Coalition for a Livable Berkeley) are forming, and that ballot initiatives
seek to address Berkeley's congestion and growth.

The City Council should take a leading role in enabling safe bike routes to
secure parking facilities at schools, universities, mass transit stations,
entertainment centers and retail centers! It's a win-win solution. Safe
streets give motorists what they want: less traffic congestion. This would
be a strong incentive for people to reduce their car driving. It allows
parents the eco-friendly option to bicycle with their children to drop them
off at school. It's really one of the best, least costly solutions to
Berkeley's congestion problem. It would also show Berkeley voters the
strong, positive leadership we desire.

Critical Mass celebrates the common goal of safe streets. Don't shoot the
messenger because you're unhappy about the message.

Please settle Berkeley's past's ill-advised cases quickly, and devote our
limited city resources to planning for Berkeley's future.

Sincerely,

[Resident]
by Sean Potts
To: mayor [at] ci.berkeley.ca.us, wozniak [at] ci.berkeley.ca.us, breland [at] ci.berkeley.ca.us, maio [at] ci.berkeley.ca.us, mhawley [at] ci.berkeley.ca.us, olds [at] ci.berkeley.ca.us, shirek [at] ci.berkeley.ca.us, spring [at] ci.berkeley.ca.us, worthington [at] ci.berkeley.ca.us
Subject: Please settle the bicycle activist cases

Dear Council members,

I am a bicyclist very concerned about the ongoing
harrassment of bicycle/critical mass activists by the
police and City of Berkeley. The four cases involving
Critical Mass activist that are still pending all show
clear misconduct by city police and harrassment of
these activists for their political activities.
Please do not waste any more city resources squelching
free speech and demonstrations and settle these cases
in a just way. At a time when the US government is
doing all it can to limit dissent and the City of
Berkeley's image is still tarnished by Mayor Bates'
destruction of the Daily Cal papers, I urge you as
City of Berkeley public servants to do all you can to
support free speech and end persecution of activists
for their political activities. Rest assured that
Berkeley bicycle riders and activists will make sure
that this case is highly publicized and city officials
will be held accountable for the results. Thank you.

Sean Potts

by bfd
Asking people to write to the mayor or city council to
fire a city attorney because she refuses to "settle" a case these "activists" brought against the city is B.S. - let's all get a grip here, IF these "activists" bring a lawsuit ACTUALLY BELIEVING they have a case, then litigate and PROVE they're right. But asking people
to write the mayor or city council requesting that this case be "settled" because they don't have the resources to continue - HEY, WHO STARTED THIS FIGHT ANYWAYS???? Based on their actions, these
"activists" are nothing more than mere hooligans trying to make a buck....
by questioneer
Dear BFD (is that the Fire Department?),

FYI, most cases with any merit settle. Period. These cases have lots of merit.

To recap the information which you have already been presented with, elements of the City are (as usual!) resisting settling. They are using City resources to try to wear out the activists and "win" simply by attrition. This is a huge waste all around, but makes the cruel and inhumane elements of the City happy, because collectively their number one objective for decades has been the suppression of dissent, particularly leftist, human rights, and environmentalist dissent. The examples of this are many but not readily visible until one becomes involved and begins to see how things are done behind closed doors.

The activists who have brought these cases are courageous and have incredible stamina to have held in so long, but that should already be obvious given the history of repression experienced.

Nice try troll.
by bfd
You're right, most cases do settle. However, IF you've got a case, you should be prepared to take all the way to trial and PROVE IT!!! IF these so-called "activists" actually have a case, then they need to go forth and show the city that they will not back down, that they believe in their cause and that they have the evidence to support their case and that they will win....Whining to the public asking that people to write to the mayor/city council because they "don't have the resources" is telling the city, hey, we'll bring a lawsuit, tie up your resources, but let's settle so we can MAKE SOME MONEY. BS - get a life! IF YA GOT A CASE PROVE IT. You can call this a troll, but your lawsuits are BS if you aren't prepare to win.....
by jm
bfd,

good point and yes, calling for settlement and explaining the ethical reasons for it could be seen as a sign of weakness.

but i don't think anyone anywhere said we aren't prepared to fight it, and we've provided lots of evidence which is ongoing.

case in point, the article in the daily californian tuesday:

http://www.dailycal.org/article.asp?id=10664

The last part of which says,

Critical Mass vowed not to give up.

"I think that we will reach an agreement," Hildes said. "If we don't, we'll keep fighting the cases."

thanks



by Jason Meggs ((j m eggs at b c l u dot org))
Fellow people,
Fellow bicyclists,

Monday is a very important day for your help in concluding the four
bicycle activist lawsuits against the Berkeley Police Department.

Two very brief things you can do:

1) Show up at 5 PM at Berkeley City Hall, 6th floor, for just 10 minutes.

2) Call your Mayor and Councilmembers

Thank you!

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

More details:

Please read background info at the Independent Media Center story:

http://www.indybay.org/news/2003/01/1563964.php

Then do just those TWO simple things!

1) Come to the meeting. There are only 10 minutes of Public Comment
before the meeting goes into closed session. You may fill out a speaker
card if you wish, or simply show your support with your presence. Arrive
promptly at 5 PM. This is one of the most effective and brief things you
can do to support protecting civil rights and bicycle demonstrations in
the City of Berkeley!

Location, Monday 5 PM:

Berkeley City Hall
6th Floor Conference Room
2180 Milvia
5 PM sharp ! ! !

The City's description of the meeting is here:


http://www.ci.berkeley.ca.us/citycouncil/2003citycouncil/closed/pdf/021003acl.pd
f


2) Call them!

Mayor Tom Bates - Phone: (510) 981-7100

Linda Maio - Phone: (510) 981-7110
Margaret Breland - Phone: (510) 981-7120
Maudelle Shirek - Phone: (510) 981-7130
Dona Spring - Phone: (510) 981-7140
Miriam Hawley - phone: (510) 981-7150
Betty Olds - Phone: (510) 981-7160
Kriss Worthington - Phone: (510) 981-7170
Gordon Wozniak - Phone: (510) 981-7180

YES: Call the Mayor and Council and urge them to settle these cases
quickly and ethically. Tell them you OPPOSE police violence against
demonstrators. Tell them you SUPPORT protecting free speech rights in the
City of Berkeley. If you agree with promoting bicycle use, mention that
as well. And of course, OBJECT to the waste of our precious activist and
City resources by continuing to fight these cases. Dragging them out is
helping no one and is a waste. There is overwhelming evidence of Police
wrongdoing, including agreement from the City's own Police Review
Commission that the Police committed many violations against
demonstrators.

If you are from out of the area, of course you can call, email or fax the
Mayor and Council Members. See the news story (above) for contact info.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Any questions, please feel free to call or email.

We are hoping to show a brief video of the police misconduct at the
Bicycle Film Fest Sunday night, 4-9 PM at La Pena (two blocks from Ashby
BART). Check this web site for details about the film fest:

http://www.bfbc2.org/events/

Latest update: the arduous five days of depositions last week are over
and with the police so clearly in the wrong, it looks very good for
finally putting this unfortunate chapter behind us. Your support will
make all the difference. Protect demonstrators in Berkeley.

What we want: we need to City to change policies so that these things
don't happen again, to ANYONE, whether or not they are demonstrating. We
also need the City to make amends to those who were injured or otherwise
harmed, and to pay for the legal costs of pursuing these cases. The City
has a fund for this purpose, separate from normal expenditures. Ideally,
the Police would have to pay for their wrongdoing. Note that over a
decade, many appeals were made to the City (then headed by Mayor Shirley
Dean) to put an end to these kinds of police abuses. Bringing suit was a
last resort.

Thank you for your consideration, and please DO help.

Sincerely,

Jason Meggs

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Jason Meggs
P.O. Box 15071
Berkeley, CA 94712-6071

Home/Fax: (510) 486-1528
Mobile: (510) 816-BIKE (2453)
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

by Jason Meggs
Please see the following story on SF IMC to view a video describing these four cases:

http://www.indybay.org/news/2003/02/1572924.php

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