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Selective Enforcement of Smoking Ban, Obstruction of Video Reporting--Report to the Chief!
Yesterday I received a phone call from advocate John Colby reporting his account of an incident of harassment downtown at Laurel and Pacific in the early afternoon. Colby noted he'd videoed some of the incident. He forwarded me his complaint and demand for public records addressed to SCPD Police Chief Kevin Vogel. His account seems to be newsworthy and instructive though I cannot vouch for its veracity. It does seem specific and credible if backed up by video and witness accounts. It also involves Officer Azua, who has never been held to account for prior reported violence, against a woman traveler Synthia Kennedy. We'll see how Chief Vogel fields this one.
Date: Fri, 1 Aug 2014 20:45:34 -0700
Subject: What is the SCPD's policy about "cop-watching"?
From: john.roncohen.colby [at] gmail.com
To: kvogel [at] cityofsantacruz.com
CC: rmartinez [at] cityofsantacruz.com; SClark [at] cityofsantacruz.com; lrobinson [at] cityofsantacruz.com;....
Kevin Vogel, Chief of Police
155 Center Street
Santa Cruz, CA 95060
Dear Chief Vogel:
I am writing to serve you notice that the Santa Cruz Police Department (SCPD) harasses "cop-watchers" protecting the civil rights of people in protected classes like people of color which has been witnessed by my sister and I -- but today we were able to video record this harassment. To the point:
This afternoon around 1:30 PM SCPD Officer Bill Azua illegally cited an African American man -- grouped with other African Americans -- in downtown Santa Cruz for smoking while my sister and I observed that this man had not been smoking.
Officer Azua took this man aside and ran him for priors -- also illegally -- while he was citing him for smoking. I approached Officer Azua while he was detaining this African American man with my video camera. Officer Azua not only refused to identify himself, but also demanded that I move back. I asked Azua how far I needed to move back. Azua responded that I must move so that "I [he] couldn't see me."
Clearly this would prevent me from video recording the incident. I moved back five feet then asked Azua is that was far enough. Azua replied, "No." I moved back five more feet. Again I asked Azua if I was far back enough. He refused to answer. Another officer came to Azua's side and also refused to identify himself. This incident lasted for several minutes as captured on digital video. As the officers left I video recorded them. The unidentified officer pointed a video camera at me.
The African American men walked away. Azua followed them in his car to Laurel Street fronting the Taco Bell. He was then accompanied by SCPD Officer Ahlers from the Gang and Drug Task force. Azua and Ahlers took an imposing stance watching these men. I asked Officer Ahlers to identify himself. He ignored me. I asked Officer Azua to identify himself. He refused. Azua accused me of harassing them. I asked him if asking for identification constituted harassment. He replied that me talking to police officers when they didn't want to speak with me constituted harassment.
A Pacific Ave, Taco Bell employee walked past Azua while smoking a cigarette. Azua did nothing. After I began video recording this employee, she became angry and began speaking with Azua while she had a burning cigarette in her hand. Azua did not cite her for smoking a cigarette -- she was Caucasian. The manager of the Taco Bell demanded that I stop video recording his employees from the public sidewalk. I informed him this was legal. He implied that he would have Officer Azua take action against me if I continued to video record.
Minutes later my sister was on the telephone with SCPD Sergeant Jones. this sergeant defended Azua's demand that I move out of sight while video recording. In response to my question about how far "cop-watchers" should be from SCPD officers while video recording, Jones replied 40-50 feet. I responded that this was too far, that it would prevent any audio recording. I asked Jones what statute or policy supported this. He said it was his "opinion".
Officer Azua and another Police Officer in another car continued to circle around the area, following these African American men, apparently to harass them
To clarify the demands and opinions of Azua and Jones, I am making a request under the California Public Records Act (CPRA). I ask for: the most current documents which describe the SCPD's policies about citizens (video) recording SCPD personnel. If these records are available electronically, then I ask that they be made available to me electronically. I am willing to pay a fee of up to $5 for this request. Thank you for providing me records which will shed light on what happened today.
Sincerely yours,
John E. Colby, Ph.D.
email: john.roncohen.colby [at] gmail.com
NOTE BY NORSE: Officer Azua has been accused in the past of excessive force. Synthia Kennedy reported a frightening experience in 2010 on Free Radio Santa Cruz. Go to,http://www.radiolibre.org/brb/brb100429.mp3 [1 hour and 3 minutes into the audio file] as well as http://radiolibre.org/brb/brb100415.mp3 [41 minutes into the audio file] to hear her account. When approached subsequently for his comments, Azua simply laughed.
Subject: What is the SCPD's policy about "cop-watching"?
From: john.roncohen.colby [at] gmail.com
To: kvogel [at] cityofsantacruz.com
CC: rmartinez [at] cityofsantacruz.com; SClark [at] cityofsantacruz.com; lrobinson [at] cityofsantacruz.com;....
Kevin Vogel, Chief of Police
155 Center Street
Santa Cruz, CA 95060
Dear Chief Vogel:
I am writing to serve you notice that the Santa Cruz Police Department (SCPD) harasses "cop-watchers" protecting the civil rights of people in protected classes like people of color which has been witnessed by my sister and I -- but today we were able to video record this harassment. To the point:
This afternoon around 1:30 PM SCPD Officer Bill Azua illegally cited an African American man -- grouped with other African Americans -- in downtown Santa Cruz for smoking while my sister and I observed that this man had not been smoking.
Officer Azua took this man aside and ran him for priors -- also illegally -- while he was citing him for smoking. I approached Officer Azua while he was detaining this African American man with my video camera. Officer Azua not only refused to identify himself, but also demanded that I move back. I asked Azua how far I needed to move back. Azua responded that I must move so that "I [he] couldn't see me."
Clearly this would prevent me from video recording the incident. I moved back five feet then asked Azua is that was far enough. Azua replied, "No." I moved back five more feet. Again I asked Azua if I was far back enough. He refused to answer. Another officer came to Azua's side and also refused to identify himself. This incident lasted for several minutes as captured on digital video. As the officers left I video recorded them. The unidentified officer pointed a video camera at me.
The African American men walked away. Azua followed them in his car to Laurel Street fronting the Taco Bell. He was then accompanied by SCPD Officer Ahlers from the Gang and Drug Task force. Azua and Ahlers took an imposing stance watching these men. I asked Officer Ahlers to identify himself. He ignored me. I asked Officer Azua to identify himself. He refused. Azua accused me of harassing them. I asked him if asking for identification constituted harassment. He replied that me talking to police officers when they didn't want to speak with me constituted harassment.
A Pacific Ave, Taco Bell employee walked past Azua while smoking a cigarette. Azua did nothing. After I began video recording this employee, she became angry and began speaking with Azua while she had a burning cigarette in her hand. Azua did not cite her for smoking a cigarette -- she was Caucasian. The manager of the Taco Bell demanded that I stop video recording his employees from the public sidewalk. I informed him this was legal. He implied that he would have Officer Azua take action against me if I continued to video record.
Minutes later my sister was on the telephone with SCPD Sergeant Jones. this sergeant defended Azua's demand that I move out of sight while video recording. In response to my question about how far "cop-watchers" should be from SCPD officers while video recording, Jones replied 40-50 feet. I responded that this was too far, that it would prevent any audio recording. I asked Jones what statute or policy supported this. He said it was his "opinion".
Officer Azua and another Police Officer in another car continued to circle around the area, following these African American men, apparently to harass them
To clarify the demands and opinions of Azua and Jones, I am making a request under the California Public Records Act (CPRA). I ask for: the most current documents which describe the SCPD's policies about citizens (video) recording SCPD personnel. If these records are available electronically, then I ask that they be made available to me electronically. I am willing to pay a fee of up to $5 for this request. Thank you for providing me records which will shed light on what happened today.
Sincerely yours,
John E. Colby, Ph.D.
email: john.roncohen.colby [at] gmail.com
NOTE BY NORSE: Officer Azua has been accused in the past of excessive force. Synthia Kennedy reported a frightening experience in 2010 on Free Radio Santa Cruz. Go to,http://www.radiolibre.org/brb/brb100429.mp3 [1 hour and 3 minutes into the audio file] as well as http://radiolibre.org/brb/brb100415.mp3 [41 minutes into the audio file] to hear her account. When approached subsequently for his comments, Azua simply laughed.
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Dr. Colby, I gotta say if the popo kept asking me for ID when they weren't investigating a crime and wouldn't go away, I'd feel like I was being harassed. That's exactly what you did to them! You're lucky you weren't cuffed and jailed for delaying a peace officer (according to PC 148(a)(1)). But with all this evidence against you, maybe D. A. Bob Lee will get around to filing charges next year. And just because you didn't see someone smoking where it's prohibited doesn't mean they weren't. What do you think you are, omniscient?
Thank you to John and Pat Colby for your cop-watching, and whoever else out there who can help step forward and bring accountability to the SCPD. They helped me when I was being illegally discriminated against and harassed by the police. I even wrote personally to each of the SC City Council members and spoke at City Council, but the police continue to discriminate and harass only certain people. Council member, Micah Posner, even said that officially as a Council member he believes I am being harassed in front of a reporter. Why is nothing being done about this? I am very grateful to the few people who are willing to put themselves on the line to find justice for people who have little recourse when being harassed by the police. I am homeless and could not even find a lawyer who would be willing to take my case. Justice is a hard thing to find in Santa Cruz.
[Video Your Fascist Superheroes discuss the nature of ALL nuisance ordain-ances]
The whole point of nuisance ordinances is to harass the locals (Not necessarily homeless and poor... working class 'hoods targeted for gentrification too) in the interest of two groups
Commercial property owners, including rental property.
The Law Enforcement-Industrial complex
The video above uses prostitution as an example but simply replace that with your favorite 'crime'.
Speaking of property development and gentrification I want to note that "Walnut Commons co-housing for middle class families" has opened for (guffaw) occupation, and it seems to be occupied by Rich White Retired people with nary a child to be seen.
It's REALLY EASY for developers, in collusion with a CORRUPT CITY GOVERNMENT, to evade low-cost and affordable housing requirements when all the local 'activists' think this doesn't relate to the issues of houselessness, poverty, and a viable non-institutionalized, non-'shelterized' counter-cultural community, and ignore it.
This sort of corrupt development activity leads,in the short AND long-run to MORE HOMELESS CITIZENS AND MORE STUPID LAWS that are solely intended to be used for harassment of the rest of the community. The ones who aren't affluent... The ones the city intends to replace with people who are.
The whole point of nuisance ordinances is to harass the locals (Not necessarily homeless and poor... working class 'hoods targeted for gentrification too) in the interest of two groups
Commercial property owners, including rental property.
The Law Enforcement-Industrial complex
The video above uses prostitution as an example but simply replace that with your favorite 'crime'.
Speaking of property development and gentrification I want to note that "Walnut Commons co-housing for middle class families" has opened for (guffaw) occupation, and it seems to be occupied by Rich White Retired people with nary a child to be seen.
It's REALLY EASY for developers, in collusion with a CORRUPT CITY GOVERNMENT, to evade low-cost and affordable housing requirements when all the local 'activists' think this doesn't relate to the issues of houselessness, poverty, and a viable non-institutionalized, non-'shelterized' counter-cultural community, and ignore it.
This sort of corrupt development activity leads,in the short AND long-run to MORE HOMELESS CITIZENS AND MORE STUPID LAWS that are solely intended to be used for harassment of the rest of the community. The ones who aren't affluent... The ones the city intends to replace with people who are.
great work john. azua is a bad cop - you are a hero. it takes courage to copwatch.
you are correct that 40-50 feet is an invalid time, place, and manner restriction, because it is inadequate for audio.
there will be no charges filed against you. you did nothing wrong. video of selective enforcement based on race is very damaging to the pigs, the last thing they want to do is draw more attention to it with a trial.
perhaps when your sister gets elected to city council we can start getting rid of bad cops like azua.
for those feeling brave.
http://www.berkeleycopwatch.org/resources/Handbook_06.pdf
http://www.berkeleycopwatch.org/resources/Handbook_06.pdf
you are correct that 40-50 feet is an invalid time, place, and manner restriction, because it is inadequate for audio.
there will be no charges filed against you. you did nothing wrong. video of selective enforcement based on race is very damaging to the pigs, the last thing they want to do is draw more attention to it with a trial.
perhaps when your sister gets elected to city council we can start getting rid of bad cops like azua.
for those feeling brave.
http://www.berkeleycopwatch.org/resources/Handbook_06.pdf
http://www.berkeleycopwatch.org/resources/Handbook_06.pdf
This book was current in 1977. The Feminist bookstore that used to be approximately where the felafel shop on Walnut was before that 'mysterious fire' burned them out sold it.
You can't search this pdf because it's scanned images but Santa Cruz gets prominent mention. It was one of the first pds to get a rather elaborate associative database to 'play with'.
Santa Cruz has been a police state 'testbed' for a loooong time
You can't search this pdf because it's scanned images but Santa Cruz gets prominent mention. It was one of the first pds to get a rather elaborate associative database to 'play with'.
Santa Cruz has been a police state 'testbed' for a loooong time
Democracy Now! takes up this issue in a segment at http://www.democracynow.org/2014/8/5/new_york_police_killing_of_eric .
Mr. Norse, don't you think you've extrapolated to the point of absurdity when you associate a ticket for an alleged smoking infraction with a chokehold causing homicide as determined by the medical examiner? Just a rhetorical question, of course.
Trip Weir is quite right. I actually got my wires crossed. Some days ago I made a Public Records Act request for the guidelines and frequency of use of the SCPD re: chokeholds, tasering, drawing a gun, using it, and pepper spraying. I also asked the police to specify the officers engaging in these acts of force, who they used them against and the dates. The article referenced is in regard to the toxic use of force by another police department.
Our SCPD stonewalled on the specifics but gave me the following responses.
I asked " Do I understand that officers do not specifically note and their superiors review when they have drawn or fired their weapons, other than an incidental part of the report?" Jacqui Dreschler the Records Supervisor noted "Correct, the information would be contained in the narrative of the report."
In response to specifics Dreschler declined to provide any, other the following summary:
"Types of Force Number of Uses: Taser 39; Baton 4; Hands 6; Elbow 3; Knee 2; OC 1" during the period 2012 through 2013.
The actual Use of Force Police itself I include and is chilling in and of itself--more commentary on that later.
Our SCPD stonewalled on the specifics but gave me the following responses.
I asked " Do I understand that officers do not specifically note and their superiors review when they have drawn or fired their weapons, other than an incidental part of the report?" Jacqui Dreschler the Records Supervisor noted "Correct, the information would be contained in the narrative of the report."
In response to specifics Dreschler declined to provide any, other the following summary:
"Types of Force Number of Uses: Taser 39; Baton 4; Hands 6; Elbow 3; Knee 2; OC 1" during the period 2012 through 2013.
The actual Use of Force Police itself I include and is chilling in and of itself--more commentary on that later.
The raw footage of the Azua incident involving alleged racial profiling and harassment of activist video can be found on You-Tube in five parts at
https://www.youtube.com/watch?v=iYa65BTWrHU&feature=youtu.be
https://www.youtube.com/watch?v=_vc9AwlE0kY
https://www.youtube.com/watch?v=yryMADHx-NY
https://www.youtube.com/watch?v=cAdHawWKArM
https://www.youtube.com/watch?v=-6lrML6712I
It is unedited but does raise some interesting questions. Police bullying of racial minorities and reporters is a serious business-whether it happens in Ferguson, MO or Santa Cruz, CA.
https://www.youtube.com/watch?v=iYa65BTWrHU&feature=youtu.be
https://www.youtube.com/watch?v=_vc9AwlE0kY
https://www.youtube.com/watch?v=yryMADHx-NY
https://www.youtube.com/watch?v=cAdHawWKArM
https://www.youtube.com/watch?v=-6lrML6712I
It is unedited but does raise some interesting questions. Police bullying of racial minorities and reporters is a serious business-whether it happens in Ferguson, MO or Santa Cruz, CA.
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