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Black Street Hawker Busted for Badmouthing Business Downtown
Jason Paschal, an African-American street tarot-card reader, called police after he was called a "nigger" and spat on by a man seen conferring with O'Neill's workers. Instead of the spitter behing apprehended, 5-6 SCPD officers handcuffed and jailed Paschal for "disturbing the peace" because of his outspoken criticism of O'Neill's.
THE SET-UP
Paschal, a tarot card reader, was arrested in the early afternoon when he was protesting outside O'Neill's Sports Shop across from the Cinema 9.
Paschal, an outspoken African American guy, recently returned to town after a year's stay-away order from Pacific Avenue (he was told he could only enter shops "by the back door").
Paschal is outspoken and roughhewn (to say the least) in his aggressive presentation towards the public. When angry, he uses inner city street vernicular ("cunt").
Paschal is also a diabetic who uses insulin and uses medical marijuana--a legal activity in Santa Cruz (but not, according to the police, on Pacific Avenue--who do what they can to harass legal users, such as Craig Canada).
SGT. LORAN "BUTCHIE" BAKER’S PRIOR CAMPAIGN AGAINST PASCHAL
Five years ago,Paschal was the target of repeated harassment by Sgt. Loran "Butchie" Baker. The lead cop in mall crackdowns back then, Baker carried on a long campaign to drive Paschal off the mall.
Baker’s campaign against “the Reverend”, as Paschal called himself, involved jailing Pashal for “possessing a milk crate”, citing him for “tarot card reading without a permit”, harassment under the “Move Along Law”, and possession of “paraphernalia” (Jason’s insulin syringe and needles).
When these measures failed, Baker unilaterally and repeatedly contacted authorities in New Hampshire, pressing them to pick up Paschal on a minor marijuana beef where he’d left the halfway house he’d been assigned. Paschal had spent 2 1/2 years of a 4 year prison sentences when he was 19 for selling to an undercover cop, his first offense.
BLACKS GET BUSTED WHILE POLITICALLY CORRECT WHITES GET PRAISED FOR MEDICAL MARIJUANA
On the same day Emily Reilly endorsed the WAMM lawsuit in a press conference on the steps of the County Courthouse, Becky Johnson reports, Paschal was jailed in New Hamphire. After solitary confinement, a hunger strike, and assistance from influential relatives, Paschal was finlly released. Baker succeeded in having Paschal extradited on a minor marijuana beef, but Paschal returned months later and resumed his street hawking.
Baker and some merchants apparently didn’t like the extraverted and aggressive “ghetto black hustler” manner Paschal conducted his spiritualist table, where he would openly, unapologetically, and colorfully announce his skills and opinions.
THE LATEST INCIDENT
On Sunday, Paschal reported being spat upon and called a "nigger" and told to get out of town by someone who came out of O'Neill's. He called the police and made a complaint. Five or six police reportedly showed up, but instead took Paschal to jail on a charge of "disturbing the peace", apparently leveled by O’Neill’s employees.
The upside-down response of police officers, called by Paschal to report an assault against him, happened several years ago before he was driven out of town and banned from the Avenue. Officer Wendy Bines and other officers, he reports, declined to follow up on similar racial threats and epithets. If his account is accurate, history is repeating itself.
In the recent Sunday incident, Paschal reports the police previously told him he had to move his tarot card reading and public speaking from the sidewalk across from the Cinema 9, 100’ feet down the sidewalk in accord with the only-in-Santa-Cruz Move Along law. Police, Paschal said, claimed this was on complaint from O’Neill’s workers.
Later when I interviewed two women working at O’Neill’s at the counter, they said they were unaware of any earlier complaints from the store, but that the police had been called when Paschal moved his display device closer (but still 20’ away from the O’Neill’s entrance).
OTHERS BUSTED UNDER THE “MOVE ALONG EVERY HOUR” LAW
The Move-Along Law is being selectively enforced, apparently ‘on complaint’ (which is not how the law reads). Another performer, Mr. TV was targeted a few months ago. He observed other performers and panhandlers generally being ignored by police, anbd refused to disassemble his stand. Mr. TV’s display takes about 15 minutes to set up and breakdown. In response, he was charged with “having a commercial stand” “panhandling within 3’” and “panhandoling by following.” Mr. TV has demanded a jury trial--which was turned down--but goes to court trial in August.
After being handcuffed and taken away, his property left on the sidewalk, Paschal reported on Sunday that he was released an hour letter without his marijuana medication. Police have been more active harassing medical and recreational marijuana users in spite of Proposition 215 and the recently passed voter initiative Measure K, making marijuana enforcement the lowest priority (for private property use).
Paschal subsequently flagged down Officer Hoppe and requested police protection from further incidents of spitting and hate crime verbal abuse, but Office Hoppe declined to provide it. When Paschal subsequently demanded Officer Hoppe (one of the officers who’d arrested Paschal earlier) contact his sergeant to secure the video tapes from O'Neill's to identify the suspect who spat on him, Hoppe pedaled off on his bicycle after saying the matter was “under investigation.”
The next day a sergeant called back, but said the O’Neill’s cameras did not cover the inside of the store, from where, Paschal said, he’d seen the spitter conferring with O’Neill’s employees.
Paschal said he had originally been making general criticisms about the downtown merchants, urging a boycott because of their discriminatory laws and treatment of poor people and people of color, when, the police told him he had to move along.
WITNESS SUPPORTS PASCHAL
Steve Harper, a friendly witness, felt that Jason was not disturbing the peace and that he was being treated outrageously by police. He reported to Johnson that he saw a manon a bicycle talking to the managers at O’Neill’s and then go over and spit on Jason, but did not hear what was said. Harper later spoke to the police about the matter.
Other street observers suggested Jason was "over the top", abusing those coming in and out of O'Neill's, and expressing too much negativity.
Subsequently, Paschal reports, he ran into “the spitter” with his wife. The spitter ran, but he spoke with the wife.
Other witnesses were generally negative in their impressions of Paschal, claiming he was angry and negative. They were also discomforted by his hostile critique of the businesses, whom Paschal accused of backing discriminatory laws and racism.
Video-journalist Becky Johnson videoed some of the accounts. I recorded others which I'll play Thursday 6 PM-8 PM on Free Radio Santa Cruz.
Paschal’s case seems to involve race, class, prior police harassment, merchant collusion, police selective enforcement, and police mistreatment of property, as well as a more repressive merchant-created and police-enforced “code of conduct” on Pacific Avenue.
I encourage anyone with more information to contact HUFF at 423-HUFF.
PREVIOUS HISTORY
Previous articles about Paschal can be found at:
http://santacruz.indymedia.org/newswire/display/4055/index.php
http://www.metroactive.com/papers/cruz/04.09.03/nuz-0315.html
http://santacruz.indymedia.org/mod/otherpress/display/11
Paschal has been interviewed in the past on Free Radio Santa Cruz:
http://www.radiolibre.org/brb/brb051211.mp3 (December 11, 2005--calling in from Los Angeles)
http://www.radiolibre.org/brb/brb050226.mp3 (February 26, 2006: Paschal cops a plea and is banned from Pacific Ave)
Paschal, a tarot card reader, was arrested in the early afternoon when he was protesting outside O'Neill's Sports Shop across from the Cinema 9.
Paschal, an outspoken African American guy, recently returned to town after a year's stay-away order from Pacific Avenue (he was told he could only enter shops "by the back door").
Paschal is outspoken and roughhewn (to say the least) in his aggressive presentation towards the public. When angry, he uses inner city street vernicular ("cunt").
Paschal is also a diabetic who uses insulin and uses medical marijuana--a legal activity in Santa Cruz (but not, according to the police, on Pacific Avenue--who do what they can to harass legal users, such as Craig Canada).
SGT. LORAN "BUTCHIE" BAKER’S PRIOR CAMPAIGN AGAINST PASCHAL
Five years ago,Paschal was the target of repeated harassment by Sgt. Loran "Butchie" Baker. The lead cop in mall crackdowns back then, Baker carried on a long campaign to drive Paschal off the mall.
Baker’s campaign against “the Reverend”, as Paschal called himself, involved jailing Pashal for “possessing a milk crate”, citing him for “tarot card reading without a permit”, harassment under the “Move Along Law”, and possession of “paraphernalia” (Jason’s insulin syringe and needles).
When these measures failed, Baker unilaterally and repeatedly contacted authorities in New Hampshire, pressing them to pick up Paschal on a minor marijuana beef where he’d left the halfway house he’d been assigned. Paschal had spent 2 1/2 years of a 4 year prison sentences when he was 19 for selling to an undercover cop, his first offense.
BLACKS GET BUSTED WHILE POLITICALLY CORRECT WHITES GET PRAISED FOR MEDICAL MARIJUANA
On the same day Emily Reilly endorsed the WAMM lawsuit in a press conference on the steps of the County Courthouse, Becky Johnson reports, Paschal was jailed in New Hamphire. After solitary confinement, a hunger strike, and assistance from influential relatives, Paschal was finlly released. Baker succeeded in having Paschal extradited on a minor marijuana beef, but Paschal returned months later and resumed his street hawking.
Baker and some merchants apparently didn’t like the extraverted and aggressive “ghetto black hustler” manner Paschal conducted his spiritualist table, where he would openly, unapologetically, and colorfully announce his skills and opinions.
THE LATEST INCIDENT
On Sunday, Paschal reported being spat upon and called a "nigger" and told to get out of town by someone who came out of O'Neill's. He called the police and made a complaint. Five or six police reportedly showed up, but instead took Paschal to jail on a charge of "disturbing the peace", apparently leveled by O’Neill’s employees.
The upside-down response of police officers, called by Paschal to report an assault against him, happened several years ago before he was driven out of town and banned from the Avenue. Officer Wendy Bines and other officers, he reports, declined to follow up on similar racial threats and epithets. If his account is accurate, history is repeating itself.
In the recent Sunday incident, Paschal reports the police previously told him he had to move his tarot card reading and public speaking from the sidewalk across from the Cinema 9, 100’ feet down the sidewalk in accord with the only-in-Santa-Cruz Move Along law. Police, Paschal said, claimed this was on complaint from O’Neill’s workers.
Later when I interviewed two women working at O’Neill’s at the counter, they said they were unaware of any earlier complaints from the store, but that the police had been called when Paschal moved his display device closer (but still 20’ away from the O’Neill’s entrance).
OTHERS BUSTED UNDER THE “MOVE ALONG EVERY HOUR” LAW
The Move-Along Law is being selectively enforced, apparently ‘on complaint’ (which is not how the law reads). Another performer, Mr. TV was targeted a few months ago. He observed other performers and panhandlers generally being ignored by police, anbd refused to disassemble his stand. Mr. TV’s display takes about 15 minutes to set up and breakdown. In response, he was charged with “having a commercial stand” “panhandling within 3’” and “panhandoling by following.” Mr. TV has demanded a jury trial--which was turned down--but goes to court trial in August.
After being handcuffed and taken away, his property left on the sidewalk, Paschal reported on Sunday that he was released an hour letter without his marijuana medication. Police have been more active harassing medical and recreational marijuana users in spite of Proposition 215 and the recently passed voter initiative Measure K, making marijuana enforcement the lowest priority (for private property use).
Paschal subsequently flagged down Officer Hoppe and requested police protection from further incidents of spitting and hate crime verbal abuse, but Office Hoppe declined to provide it. When Paschal subsequently demanded Officer Hoppe (one of the officers who’d arrested Paschal earlier) contact his sergeant to secure the video tapes from O'Neill's to identify the suspect who spat on him, Hoppe pedaled off on his bicycle after saying the matter was “under investigation.”
The next day a sergeant called back, but said the O’Neill’s cameras did not cover the inside of the store, from where, Paschal said, he’d seen the spitter conferring with O’Neill’s employees.
Paschal said he had originally been making general criticisms about the downtown merchants, urging a boycott because of their discriminatory laws and treatment of poor people and people of color, when, the police told him he had to move along.
WITNESS SUPPORTS PASCHAL
Steve Harper, a friendly witness, felt that Jason was not disturbing the peace and that he was being treated outrageously by police. He reported to Johnson that he saw a manon a bicycle talking to the managers at O’Neill’s and then go over and spit on Jason, but did not hear what was said. Harper later spoke to the police about the matter.
Other street observers suggested Jason was "over the top", abusing those coming in and out of O'Neill's, and expressing too much negativity.
Subsequently, Paschal reports, he ran into “the spitter” with his wife. The spitter ran, but he spoke with the wife.
Other witnesses were generally negative in their impressions of Paschal, claiming he was angry and negative. They were also discomforted by his hostile critique of the businesses, whom Paschal accused of backing discriminatory laws and racism.
Video-journalist Becky Johnson videoed some of the accounts. I recorded others which I'll play Thursday 6 PM-8 PM on Free Radio Santa Cruz.
Paschal’s case seems to involve race, class, prior police harassment, merchant collusion, police selective enforcement, and police mistreatment of property, as well as a more repressive merchant-created and police-enforced “code of conduct” on Pacific Avenue.
I encourage anyone with more information to contact HUFF at 423-HUFF.
PREVIOUS HISTORY
Previous articles about Paschal can be found at:
http://santacruz.indymedia.org/newswire/display/4055/index.php
http://www.metroactive.com/papers/cruz/04.09.03/nuz-0315.html
http://santacruz.indymedia.org/mod/otherpress/display/11
Paschal has been interviewed in the past on Free Radio Santa Cruz:
http://www.radiolibre.org/brb/brb051211.mp3 (December 11, 2005--calling in from Los Angeles)
http://www.radiolibre.org/brb/brb050226.mp3 (February 26, 2006: Paschal cops a plea and is banned from Pacific Ave)
For more information:
http://www.huffsantacruz.org
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FROM THE ABOVE ARTICLE: "After being handcuffed and taken away, his property left on the sidewalk, Paschal reported on Sunday that he was released an hour letter without his marijuana medication."
BECKY: Police released him with only a tiny vial of insulin but kept his insulin needles. They kept his tarot cards, other items from his fortune-telling table, his motel room key, and his medical marijuana. At the time of his release, he was approaching diabetic shock. Fortunately he had a prescription on file at Long's Drugs and was able to purchase more needles so he could take his life-saving medication. His medical marijuana was returned to him when he was finally allowed to pick up his property. His table and chair, however, police just left on the sidewalk when they arrested him.
This was a virtual replay of when Sgt. Loran Baker had arrested him years ago and held Jason's needles up on the sidewalk for all to see announcing that he had found needles. One would think that when the police also found a bottle of insulin, they would put two and two together. In that case, Paschal was released in the middle of the night without his insulin or needles. He wound up at Dominican Hospital with a blood sugar level of 400 (normal is between 80 and 120).
Paschal believes that he was set up. He felt the managers at O'Neill's were urging the man on the bicycle to assault Paschal. The man spat directly into Paschal's face and according to Paschal, told him "Get out of town, Nigger!" Paschal gave a short chase but the man escaped. Paschal believes that the incident was such as to cause a reaction. Then police could jail him for that reaction.
The following day, Paschal was able to find the suspect with his wife. He called police and they interviewed the wife. Police now have the name of the spitter.
BECKY: Police released him with only a tiny vial of insulin but kept his insulin needles. They kept his tarot cards, other items from his fortune-telling table, his motel room key, and his medical marijuana. At the time of his release, he was approaching diabetic shock. Fortunately he had a prescription on file at Long's Drugs and was able to purchase more needles so he could take his life-saving medication. His medical marijuana was returned to him when he was finally allowed to pick up his property. His table and chair, however, police just left on the sidewalk when they arrested him.
This was a virtual replay of when Sgt. Loran Baker had arrested him years ago and held Jason's needles up on the sidewalk for all to see announcing that he had found needles. One would think that when the police also found a bottle of insulin, they would put two and two together. In that case, Paschal was released in the middle of the night without his insulin or needles. He wound up at Dominican Hospital with a blood sugar level of 400 (normal is between 80 and 120).
Paschal believes that he was set up. He felt the managers at O'Neill's were urging the man on the bicycle to assault Paschal. The man spat directly into Paschal's face and according to Paschal, told him "Get out of town, Nigger!" Paschal gave a short chase but the man escaped. Paschal believes that the incident was such as to cause a reaction. Then police could jail him for that reaction.
The following day, Paschal was able to find the suspect with his wife. He called police and they interviewed the wife. Police now have the name of the spitter.
Man, this is hella fucked up. I hope there's some support happening, as well as acts of retaliation against those racist motherfuckers the SCPD and O'Neill's.
Jason is a good guy. Whenever I am around him he always seems in good spirits. I don't perceive him to be negative. Good luck to you in your struggles with the SCPD and O'Neill's Jason.
HUFF activist Robert Norse tape-records Jason Paschal's interchange
with Officer Hoppe shortly after being released from jail Paschal
claims he was the victim of a hate crime when he was spat upon,
called a "nigger" and told to get out of town. Upon picking up his
property at the SCPD police station, Officer Klein also told Paschal
to get out of town.
Does Santa Cruz have sunset laws????
Where am I? The deep south? or
in laid-back, liberal, progressive Santa Cruz?
with Officer Hoppe shortly after being released from jail Paschal
claims he was the victim of a hate crime when he was spat upon,
called a "nigger" and told to get out of town. Upon picking up his
property at the SCPD police station, Officer Klein also told Paschal
to get out of town.
Does Santa Cruz have sunset laws????
Where am I? The deep south? or
in laid-back, liberal, progressive Santa Cruz?
For more information:
http://www.huffsantacruz.org
Jason Paschal's arraignment is August 23rd, at 8:30AM at the Santa Cruz County Superior Court at 701 Ocean St. in Santa Cruz.
Paschal is pursuing legal resources within the federal government to investigate this case as a hate crime.
Paschal is pursuing legal resources within the federal government to investigate this case as a hate crime.
For more information:
http://www.huffsantacruz.org
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