Starving for a Brighter Future in Philadelphia

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Hunger strikers seated outside of Governor Corbett's Philadelphia office.

Hunger strikers seated outside of Governor Corbett’s Philadelphia office.

Opposition to one of the largest school privatization efforts in U.S. history is now embodied in a hunger strike at the opulent Bellevue Hotel’s doorstep, where Pennsylvania Governor Tom Corbett’s Philadelphia office is located at Broad and Walnut streets.

A handful of parents and food administrators began a hunger strike yesterday afternoon to protest what has become known as the “Doomsday Budget”, passed on May 30th by the unelected, Corbett-appointed School Reform Commission.

The highly controversial SRC decision may result in over 3,000 layoffs – with safety aids bearing the brunt of the SRC’s decision as part of a 20% cut in school staff, creating a dirth of staff who would normally supervise children during lunch recess and on playgrounds – in addition to the elimination of athletics, art and music programs, plus a lack of paper and other necessities. The decision, if implemented, would also balloon class sizes.

“We felt like in this small window of time that they have to reverse this mistake, we had to do something that could potentially change this conversation, and to put a spotlight on just how barbaric these cuts are,” Mike Mullens, a hunger striker and father of two kindergartners, told me.

Mullens has reason to believe that others will join the strike. He says that they plan to “take this as far as we possibly can” until a state budget is passed that reflects the needs of students and school staff.

“We’ve been watching every powerful person in this state turn their backs on public education. They’re holding this city hostage, parents hostage, and every child hostage,” he added.

Mullens’ belief certainly holds weight, as the May 30th SRC budget, approved by a 4-1 vote, allots $680 million for charter schools and sets aside $280 million for debt service on a $300 million municipal bond that will cost $22 million per year in interest – for the next 20 years, according to The Notebook.

“The School District of Philadelphia has the largest budget in Pennsylvania, behind the city and the state itself. Governing it are people whose qualifications are a mystery, whose intentions are kept private and whose identities are unknown to many. Never has so much money gone unaccounted,” Helen Gym of Parents United for Public Education told Metro on June 3rd.

Marcia Tegle, a food service administrator who also joined the hunger strike yesterday, told me her biggest concern is that children won’t be supervised during lunch. She believes the SRC’s draconian cuts would jeopardize school safety.

Tegle likens this problem to a “snowball effect.”

“They need supervision. If they cut these jobs for safety staff, then who will watch the kids? I guess it would be left to the teachers, so when do the teachers get a chance to teach?”

I asked her if she has children in school.

“No, mine are grown. But every child is everybody’s child. Would you deliberately let your child walk out into traffic? No. It’s not your child though, right?”

City Council begins their summer recess this Friday, and the deadline for the state’s new budget is on June 30th.

Updated Grand-Opening Day for the Delaware Valley Intelligence Center

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A clear date is now public for the grand opening of the Delaware Valley Intelligence Center: Friday, June 28, two weeks from yesterday.

Thursday night Mayor Nutter responded to the Declaration on twitter via his own twitter account, offering a new, and for the first time specific to-the-day, announcement of the full launch of Philadelphia’s new Fusion Center, housed in a former Defense Logistics Agency Complex off of Oregon Avenue in South Philadelphia.

Source: The Declaration on Twitter

Source: The Declaration on Twitter

The mayor toured the facility in December of last year (when it was originally scheduled to begin operations, according to earlier documents produced by contracting vehicle SOSSEC), at which time Mayor Nutter had stated “we’ll be open in March,” and further “…this center right now is proceeding ahead of construction schedule and below budget; it doesn’t get much better than that.”  During the same tour, Nutter also touted the “key step” which the DVIC constituted in insuring the safety of Philadelphians.

The Delaware Valley Intelligence Center will provide tangible security benefits for our region,” said Mayor Nutter. “At the most basic level, any first responder in the field with a radio will have ability to connect with the DVIC and share real-time information with a host of agencies. This is a key step for our City and region, the sixth largest metro region in the Nation, in preparing to respond to emergency situations.

Entrance to DVIC on Oregon Avenue. Photo by Dustin Slaughter

Entrance to DVIC on Oregon Avenue. Photo by Dustin Slaughter

While the Mayor’s statement was not explicitly addressing such concerns, Nutter has responded directly to media reports that frame the operational theory of the Fusion Center model as fundamentally flawed, its relative benefit to public safety inconclusive at best, with not infrequent cases where a clear overreach of law enforcement into Constitutionally protected fora is based on the flimsiest of contributions to the greater good. These critical reports in the press in turn cited a Congressional report finding the Centers to be wasteful and problematic, using the DVIC as a particularly egregious example. The Mayor disregarded these findings:

I’m not going to get into the details of that report, I think those kinds of ideas are wildly wrong and outlandish,”

In November, the Philadelphia ABC affiliate Channel 6 ran a story titled, Is Philly’s anti-terrorism center a waste of your money?, which raised prevalent issues of waste and lack of oversight connected with the DVIC as an “all crimes” Fusion Center model, as well as with the at least *6 year duration of the facility’s still incomplete construction.

*The media and official reports claim planning for the DVIC dates to 2006. The Declaration has discovered presentations and documents from a member of SOSSEC’s board dating to 2003 which reflect planning directly linkable to the DVIC and to at least one current stakeholder. Additional plans for a similar regional operation can be traced to the 2003 formation of the Department of Homeland Security and new homeland security apparatus

An ambulance, windshied cracked and windows shattered, in the weeds on the DVIC's northwest side

An ambulance, windshield cracked and windows shattered, in the weeds on the DVIC’s northwest side

At a time of public calls for fiscal prudence and increasing scrutiny, as the City is facing a massive amputation to public services with the closing of approximately 2 dozen public schools – not to mention its entanglement in more than one large-scale labor dispute with vital municipal employees – the Mayor is well-advised to publicly account for a $10,000,000 initial investment in the project.

In December the Philadelphia Police Blog reported :“The City of Philadelphia has invested about half of the costs associated with design and construction of the new $20 million site. Federal grant dollars will cover the remainder of the costs. In addition, the City and federal government will also split the $2 million per year operational expenses as long as federal grant funding remains available.”

3-D Image of the DVIC property, using Google Earth

3-D Image of the DVIC property, using Google Earth

A smattering of official response to inquiry has contained no explanation for the delay, but plausible reasons why the 40,000 square foot information-sharing hub and multi-purpose law enforcement facility might be behind schedule easily present themselves. In addition to housing a DHS intelligence analyst and a FBI National Joint Terrorism Task Force unit, the “*DVIC Cell” as part of novel operations (*the DVIC Cell in fact relocatiing  from Norristown), the Philadelphia ordinance mandating the City’s role in the facility also called for the co-location of the Philadelphia Police Department’s Homeland Security Operations at the site.

Now six months behind an original December 2012 projected opening it is unclear what agencies have taken up residency.

The 20th Street side of the DVIC has the appearance of an abandoned used car dealer, though some signs of activity can be detected within via fluorescent light peeking through papered windows. Photo by Kenneth Lipp

The 20th Street side of the DVIC has the appearance of an abandoned used car dealership, though some signs of activity can be detected within via fluorescent light peeking through papered windows. Photo by Kenneth Lipp

The Declaration recently visited the site to gauge visible signs of progress since our last report. Some additions were noted such as peripheral cameras and some pavement improvement; most memorably, the Editors encountered security at the facility for the first time.

A guard from a private security company was at first upset at his photograph being taken, however a later encounter (after the pictures were deleted in the man’s presence) at the main entrance was more casual. This guard and another in the booth on Oregon Ave. were the only persons to be seen on property. In three visits to the DVIC, this writer has yet to see a vehicle exit or enter the premises.

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PPD Homeland Security trailer parked in the DVIC parking lot

PPD Homeland Security trailer parked in the DVIC parking lot. Photos by Kenneth Lipp

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For those who are hopeful for the delivery of the Center’s promised benefits to public safety, it may be a comfort to know that Philadelphia area law enforcement will not be driving blind while awaiting the ribbon-cutting. The Delaware Valley Fusion Center was envisioned for the purpose of networking under one “roof” the resources of  many existing incident reporting mechanisms and indeed other fusion centers in a 5 state region, including a fusion center in nearby West Trenton with a nearly identical concept (also a SOSSEC project), and five fusion centers already operate in the immediate Philadelphia metro area.

Area Fusion Centers

Area Fusion Centers

Regional intelligence resources, from a 2003 slide by a current DVIC board member

Marching Over 100 Miles for Pennsylvania’s Prisoners

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Decarcerate PA launches a 113-mile march from Love Park to  Harrisburg. Photo: Dustin Slaughter

Decarcerate PA launches a 113-mile march from Love Park to Harrisburg. Photo: Dustin Slaughter

A strong wind sprayed mist from Love Park’s fountain onto approximately 100 people gathered for a spirited send-off yesterday for a contingent of Decarcerate PA activists planning to march to Harrisburg.

“Pennsylvania does not want, does not need, and cannot afford any more prisons,” said Decarcerate PA member Brian Mertens. “We want to see our taxpayer dollars invested in the things that make our communities stronger, like education, health care and social services, not in building more prison cells.”

Approximately two dozen activists plan to march 113-miles to the state capitol to demand that Pennsylvania’s General Assembly vote down a proposed $68 million increase for the state’s Department of Corrections budget, as well as an end to further construction at Montgomery County’s Graterford Prison, where Governor Corbett’s administration plans to spend over $400 million for two new prisons in the midst of unprecedented cuts to education and other social services.

“Many of our lawmakers talk the talk about the need for prison reform and increased education funding,” writes Decarcerate PA in a press release. “But they refuse to walk the walk. We are walking all the way from Philly to Harrisburg to tell them the time for change is now.”

Marchers expect to arrive at the state capital on June 3rd, but before they reach their destination, they will kickoff a “Invest in the Future, Not Fear!” rally in Norristown. They will also be joining with DreamActivist PA to call for an end to immigrant detention, mass deportation and criminalization. Among other events along the way, the group plans to protest at the site of a Graterford prison construction site where seven members were arrested during a creative act of civil disobedience on November 19th, 2012:

It is no secret that Philadelphia has bore the brunt of these cuts – particularly in the realm of public schools – where the unelected, Corbett-appointed School Reform Commission voted on May 8th to close 23 schools, amid strong opposition from community groups such as United Federation of Teachers, the Philadelphia Student Union and PCAPS.

Food stamps and basic health care for the poor have already seen drastic cuts.

Find your state legislator and give them feedback as they reconvene the Assembly on June 3rd.

To learn more about Decarcerate PA, visit their website.

At the Free Library of Philadelphia: Jeremy Scahill Talks About “Dirty Wars”

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Journalist Jeremy Scahill will be in Philly tonight to  discuss his book and its upcoming film, “Dirty Wars: The World is a Battlefield.” I’m currently reviewing the book, which I knew was and is confirmed to be a must read – the film’s Philly premiere is June 21st at the Ritz at the Bourse. Neither of these occasions are to be missed. 

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Jeremy Scahill | Dirty Wars: The World Is A Battlefield  (A
When: Tuesday, May 21, 2013 at 7:30PM 
Where: Central Library
Cost: FREE
No tickets required. For Info: 215-567-4341. 

Jeremy Scahill is an award-winning investigative journalist and the author of the bestselling book Blackwater, about the world’s fastest-growing private army and a powerful player in the War on Terror. A two-time recipient of the George Polk Award and a frequent contributor to the Nation, Scahill is a correspondent forDemocracy Now! and a Puffin Foundation Writing Fellow at The Nation Institute. From Afghanistan, Pakistan, and Somalia, into al Qaeda-held territory in Yemen and beyond, Dirty Wars documents the new paradigm of the American battlefield. Based on interviews with CIA agents, mercenaries, and elite Special Operations Forces operators, Scahill reveals the dark human consequences of the wars the United States struggles to keep hidden. 

 

Military Contracting Giant Implicated in Iraq Prisoner Abuse Plays Major Role in Philly’s New Fusion Center

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Entrance to the Delaware Valley Intelligence Center in South Philadelphia. Photo: Dustin Slaughter

Entrance to the Delaware Valley Intelligence Center in South Philadelphia. Photo: Dustin Slaughter

By Dustin Slaughter, Joanne Michele, and Kenneth Lipp

CACI International, a top-tier contractor for the Department of Defense and Department of Homeland Security, and also implicated in the widely publicized accounts of detainee abuse at Abu Ghraib prison in Iraq, is now a key player in the operation of Philadelphia’s new 40,000 square foot fusion center, the Delaware Valley Intelligence Center (DVIC). Its full operational status was publicly announced in March of 2013.

Timothy Shorrock, arguably one of the most knowledgeable journalists covering government security contracting and the Intelligence Community, profiled CACI at length in his book Spies for Hire: The Secret World of Outsourced Intelligence and detailed the veritable Gold-Rush in intelligence operations out-sourcing which ensued after the World Trade Center’s collapse.

Shorrock writes of CACI:

CACI International Inc. is one of the world’s largest private intelligence services providers and is deeply involved in classified “black” operations everywhere on the globe where U.S. military forces are active.

“The best way to describe CACI is as a private supplier of signals intelligence, human intelligence, imagery, and black ops, all rolled into one enterprise,” he adds. “CACI’s intelligence contracts now make up 35 percent of the company’s revenues, 95 percent of which is earned from the federal government,” writes Shorrock. CACI boasted of $2.3 billion in revenue in 2011.

While The Declaration cannot confirm CACI’s full relationship with the DVIC’s chief, Philadelphia Police Department Inspector Walter Smith (because the center’s project manager, Christopher Bonin – a CACI employee – did not return our phone call), the company’s publicized modus operandi dealing in “analysis, collection, user outcomes, and management” suggests that Bonin may have more of a role than just getting the Center up and running. SOSSEC, an Army initiative launched after September 11th, 2001, lists on their website many participants (including another military contracting leviathan, Booz Allen Hamilton), however all documents available regarding the facility and operations place CACI as the key player.

A former prisoner at Abu Ghraib shows a photograph, now infamous, of abuse at the prison. Photo via Reuters
A former prisoner at Abu Ghraib shows a photograph, now infamous, of abuse at the prison. Photo via Reuters

The Delaware Valley Intelligence Center, which Dustin Slaughter reported on in The Declaration earlier this year, is an “all crimes” model information aggregation, analysis, and distribution facility made available to law enforcement and private sector entities in a four state region, at various levels of contribution and access. It utilizes the resources of federal, state, and local authorities as well as of financial institutions, utility and telecommunication companies, providers of transit and health services, and other privately-held participants whose security and function are deemed critical to public safety and official operations.

The process ‘fuses’ these networked investigative and analytic contributions and generates a synthesized “intelligence product” – an ever more ubiquitous offering most often in the form of a text-based ‘digest’ of current events in the threat register (see the DHS Open Source Critical Infrastructure Report for a watered-down example), but more and more frequently being advertised as featuring highly-interactive, user-friendly graphical interfaces linked to stations and cameras reporting incidents in real time.

CACI’s involvement in the DVIC is under the auspices of The System of Systems Security Consortium, SOSSEC. SOSSEC purports to provide yet another solution to “events of 9/11″ which “spawned a U.S. Army initiative to ‘Provide Solutions to meet Local, Regional and National Force Protection (FP), Homeland Defense (HD), and Homeland Security (HS) needs with a System of Systems Scalable, Interoperable and Integrated Approach for Addressing Emerging 21st Century Threats” (DVIC Brochure). The Consortium’s flagship project seems to be the Philadelphia fusion center, and further, as their website as much as explains, federal involvement is largely a function of and vehicle for contract development by defense giant  CACI (Ever Vigilant).

On the Spies for Hire site Shorrock further details CACI’s contracting profile. Their current single biggest contract is with the US Army, $450 million dollars to provide multi-front, technology-intensive domain awareness and command capabilities, a field known as C4ISR ( for command, control, communications, computers, intelligence, surveillance and reconnaissance) within the military.

“Other customers include the U.S. Navy’s littoral and mine warfare program, the Air Force’s Pacific Command and Control unit, and the Defense Information Systems Agency (DISA), the Pentagon unit responsible for network centric warfare. Elsewhere in the Intelligence Community (IC), CACI holds major contracts with the Department of Homeland Security and the DHS’s U.S. Customs and Border Protection agency.”

But the contract that CACI will always be known for is the one to provide interrogators at Abu Ghraib.

CACI nor any other private company has faced any legal or civil penalties for the serious mistreatment of prisoners at the Iraqi prison, prisoners for whom it was responsible under its contract with the US military. Some members of the military did face courts martial, non-judicial punishments, and administrative reprimands, but those responsible for designing and implementing the policies that created the culture of corruption and recklessness that came to a public head in the Abu Ghraib prison scandal remain in their positions: awarding or receiving huge sums of taxpayer money to perform duties of similar scope and gravity.

The 21st Century Fusion Center is a massive and unwieldy dynamo even with the support of the most able and earnest of engineers. The sheer volume of data being collected, “networked,” and analyzed defies exhaustive sifting, and yet is used to produce, often on demand, “intelligence” of a frequently though not surprisingly dubious quality.

Worse, when such operations are manned by inept or less-than-scrupulous agencies, they can pose a serious risk of targeting innocent people and chilling civil liberties with arbitrary engagements, without providing near the tide-turning payoff in terrorism prevention that such a deep-pocketed surrender of personal liberty and privacy one would expect to purchase.

A 2011 article in the Hastings Law Journal, “Networked Accountability for the Domestic Intelligence Apparatus,”* cites multiple cases where law enforcement working in concert with fusion center operations, especially when attempting to presage indicators of potential terrorist activity, have far overreached their investigative capability and license and infringed on lawful activities. One such circumstance:

“Over a nineteen-month period in 2004 and 2005, Maryland state police conducted surveillance of human rights groups, peace activists, and death penalty opponents. As a result, fifty-three nonviolent political activists were classified as “terrorists,” including two Catholic nuns and a Democratic candidate for local office.

A Maryland fusion center shared the erroneous terrorist classifications with federal drug enforcement and terrorist databases, as well as with the National Security Administration (NSA).

Even more grim, as the article explains, is the fact that the networked complexity of domestic intelligence operations allows it and its separate participants virtual indemnity when their actions are harmful, and the system remains an accountability vacuum. The article’s authors further clarify the potential for fusion centers to manipulate information to tailor to the interests of their stakeholders, the very agencies and corporations who depend upon a perceived need for surveillance and continued burgeoning of our national security regime to to generate huge profits.

“The [Fusion Center intelligence sharing environment] has yet to provide a systematic redress mechanism to remove misinformation from databases spread throughout the networked environment or to address the stigma that can result from misclassifications. Had the ACLU of Maryland not fortuitously discovered the fusion center’s activities in connection with an open records request, the political activists might have remained on these watch lists. In response to these and other similar incidents, Bruce Fein, an associate deputy attorney general under Ronald Reagan, argued that fusion centers conceive the business of gathering and sharing intelligence as ‘synonymous with monitoring and disparaging political dissent and association protected by the First Amendment.’ [emphasis added]“

The article notes that this assessment was confirmed by a fusion center official, who commented:

You can make an easy kind of a link that, if you have a protest group protesting a war where the cause that’s being fought against is international terrorism, you might have terrorism at that protest. You can almost argue that a protest against [the war] is a terrorist act.

Taking into account CACI’s history of alleged abuses, the Center’s existence becomes even more problematic when the oft-criticized track record of fusion centers as being wasteful and ineffectual is taken into account, as Dustin Slaughter elucidated in his previous piece for The Declaration, The Questionable Benefits of Philadelphia’s New Fusion Center.

Slaughter explains how Philadelphia Mayor Michael Nutter, a vocal proponent of the Center, as well as law enforcement officials, appear to be ignoring a stark reality now plaguing the growth of these often lauded but clearly under-performing fusion centers: They are an enormous waste of taxpayer money.

Since September 11th, 2001, the cost for construction of fusion centers and their operations have totaled $1.4 billion.

A Senate report (in full available here and a summary here) issued on October 3rd, 2012 “could identify no reporting which uncovered a terrorist threat, nor could it identify a contribution such fusion center reporting made to disrupt an active terrorist plot.”

Republican Senator and U. S. Senate Permanent Subcommittee on Investigations chairperson Tom Coburn blasted fusion center performance, stating:

It’s troubling that the very ‘fusion’ centers that were designed to share information in a post-9/11 world have become part of the problem. Instead of strengthening our counterterrorism efforts, they have too often wasted money and stepped on Americans’ civil liberties.

Harold “Skip” Vandover, a former director at the Department of Homeland Security’s reporting branch, is quoted in the report with regards to the actionable “intelligence” being fed to analysts at fusion centers:

There were times when it was, ‘What a bunch of crap is coming through.’

Questions about the real focus of fusion center intelligence gathering and analyzing must be asked, especially in light of recent revelations that centers were actively collecting information (with the help of the FBI and private sector entities such as the Federal Reserve and Wall Street banks) on the Occupy Wall Street Movement, which counter-terrorism officials considered a domestic terror threat despite its clear use of non-violent tactics.  What has also become known through a Freedom of Information Act (FOIA) request by the Partnership for Civil Justice fund is that the FBI may very well have been aware of sniper plots to assassinate Occupy organizers in Houston, Texas and Gainesville, Florida, but did not alert activists to this threat.

3-D Image of the DVIC property, using Google Earth
With revelations mounting in the press about US agencies’ policies of “hard questioning” interrogation techniques and, explicitly, torture in the name of a security which can clearly not be provided by such derogating “enhancements,” would the citizens of Philadelphia truly be comforted to know that they are being guarded with the assistance of a corporation like CACI, whose history is marred by wrongdoing and under a protective system seemingly designed to prevent the correcting of wrongs?

Sleep tight, City of Brotherly Love.

Network Accountability for the Domestic Intelligence Apparatus. Danielle Keats Citron, University of Maryland Francis King Carey School of Law; Yale University – Yale Information Society Project; Stanford Law School Center for Internet and Society. Frank A. Pasquale III, Seton Hall University – School of Law; Yale University – Yale Information Society Project. 2011 Hastings Law Journal, Vol. 62, p. 1441, 2011U of Maryland Legal Studies Research Paper No. 2010-48 

BREAKING: Philadelphia District Attorney Seth Williams Announces Resignation

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In an unprecedented move, District Attorney Seth Williams has announced his resignation over tweets he posted during a trial involving 14 Occupy Philadelphia activists charged – and later acquitted – of conspiracy and trespassing charges stemming from a November 2011 foreclosure of a Wells Fargo bank branch in Center City.

Williams was not immediately available for comment, although a formal press conference is expected shortly, according to a press release issued by his office this morning.

According to numerous sources inside the DA’s office, Williams has been “despondent” while “grappling with clear indiscretion” connected to his remarks involving the trial.

“He’s realized he cannot continue as a public servant knowing how he’s clearly wasted taxpayer money on such small fish,” added one staffer, alluding to the 12 defendants.

Williams posted Twitter commentary on the “Wells Fargo 14″ trial throughout the week-long proceedings, a decision which some in the legal community, who prefer anonymity, deemed “at best inappropriate.”

The DA’s decision to criticize the defendants’ choice – and legal right – to bring their case before a jury is especially curious considering Williams’ unwillingness to bring charges against Wells Fargo, a financial institution with a well-documented history of predatory lending – according to the Pennsylvania Human Rights Commission – as well as a propensity for tax-dodging and its unchecked siphoning of more than $90 million from the Philadelphia School District.

Philadelphia City Council has condemned Wells Fargo’s swap deals with the school district, a practice public education advocates have called “outright theft.”

26 Philadelphia public schools were slated for closure this month by Governor Corbett’s self-appointed School Reform Commission, or SRC.

When asked what the DA will do after leaving office, a close aide to Williams said: “He’s confident he can find a terrific executive position in Wells Fargo CEO John Stumpf’s company.”

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Photo courtesy of Vanessa Maria.

We at The Declaration wish all of you a very happy April Fool’s Day.

Park Rangers Decide to Crack Down on Smokedown: ‘Flash Mob’ Is Questioned

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After three successful demonstrations each with more than a hundred in attendance, wherein no law enforcement official engaged a participant officially or otherwise for openly smoking marijuana at the corner of Market and 6th Streets in Old City Philadelphia, National Park Rangers chose an unplanned, small-scale “Smokedown” to begin their predictable response of hamstringing protesters’ ability to assemble for their purpose through policies of intimidation and maximum use of National Park Service enforcement jurisdiction.

(Smokedown 'flash mob' demonstrating at Independence Mall, line of tourists to see the  Liberty Bell in the background. Photo By Joanne Michele)

Smokedown ‘flash mob’ demonstrating at Independence Mall, line of tourists to see the Liberty Bell in the background. Photo By Joanne Michele

While out in Center City with Joanne running errands, she  brought my attention to a Facebook update posted by a mutual friend calling for an impromptu “smokedown’ at Independence Mall (in fact it called for a ‘flash mob’ and for it to bring its own signs). I’ve been to two of the total of three “Smokedown Prohibition” protests as a journalist – all had been announced as events on Facebook weeks before their scheduled dates and each has drawn at least one-hundred people to defy what they see as an unjust law by openly breaking it – calling loudly for pot decriminalization, counting down to 4:20, and then cranking the reggae and sparking up the direct action.

We headed to Old City from a dozen blocks away, mostly with the notion in mind that the smaller group a half-hour’s notice would bring out might be more likely to be engaged by Park Rangers, who along with the police had not mustered any more than cursory naked-eye surveillance from a comfortable distance. Neither had reacted yet at 4:20 on the afternoons when hundreds smoked reefer in front of the Liberty Bell, dozens of joints etc, until about 4:25. At moments of low wind this meant ignoring a discernible cloud.

When we arrived a minute or two after 4:20 we found a group of six in apparent pose, seated on the park’s 1st Amendment monument and to any observer within 50 feet or so clearly passing several joints between them. I asked for them to tell me why they were there, for the camera:

It seemed that things would be going down in the same easy, zero-conflict fashion as with the 3 past demonstrations, as a single passive (actively text messaging) ranger had been watching for some time. As we spoke with Poe for a few moments, in which time the size of the Smokedown crowd doubled, Joanne observed the arrival of a second Ranger on a bike, and then another, who in shorter order became five or six who did in fact have an interest in our doings and interrupted our conversation.

Joanne’s phone video camera, pointed at the ground,  captured the most of the audio from the encounter:

Before the video starts a ranger in dark sunglasses asks Poe if he is the organizer of this ‘event,’ and Poe asks him what event he is referring to – just prior to the audio beginning the ranger then asks Poe, “OK then, may I ask what your business here is today?” To which Poe aptly responds (after what I swear was a brief, silent gasp of disbelief)

What? My business here? I’m having a conversation.

While no one present ever seemed to feel under threat of imminent arrest (a participant on scene was not asking when he said “well, we’re going to walk away”), the officers stated probable cause for questioning us, and in fact retrieved several ‘roaches’ from the area where the group was sitting. Near the end of the encounter, the same ranger in sunglasses took some issue with my clarification of what I understand to be federal as opposed to city standard procedures for prosecuting misdemeanor marijuana offenses. US law enforcement typically issue citations which can be disposed with a $175 fine and no required court appearance. He asked if I’d attended the ‘other events’ to which I replied that I had been to two, as a journalist (a fairly exclusive abstention for me is when acting as a journalist, in any circumstance). After asking if he could provide me with any more information, the conversation ended with the barely tacit menace: ”We’ll see you when you come back.”

And the activists, organized by The Panic Hour and PhillyNORML, intend to come back. SMOKEDOWN Prohibition IV is scheduled for April 20th (4/20) and the discussion for an expanded event is enthusiastically taking place in the interim. Given what I believe can be taken as implicit acknowledgement from the senior ranger that the protesters can expect another encounter upon their return, it will be useful to infer a likely scenario given what is happily a reasonably-documented history of the Park Service’s response to civil disobedience in just this environment.

In summer of 2012 the Occupy National Gathering took place in Old City, its kickoff and workgroups, speakers and other activities planned on many public grounds, including Independence Mall. The aggressive response upon Gathering attendees’ arrival resulted in a violent altercation, and eventual retreat and relocation of planned events.

Rangers and Park Police fight to apprehend a protester after National Gathering attendees attempt to erect a tent at another Park Service site near Independence Hall. Photo by Joanne Michele

Rangers and Park Police fight to apprehend a protester after National Gathering attendees attempt to erect a tent at another Park Service site near Independence Hall. Photo by Joanne Michele

Due to our anticipation of such earnest measures, Joanne Michele requested per the Freedom of Information Act documents and relevant communication from the National Park Service, which she recently obtained.

As the editors described in our February article on the content of the 300-odd page stack of documents, the Park Service carried out at least a month-long intelligence and logistic operation in anticipation of Occupiers planned 5-days of actions within their jurisdiction. Consideration were as extreme as examining the possibility of bringing in reinforcement from US Park stations in Alaska, as well as monitoring expected attendees who they wrongly characterized as ‘organizers.’ For example, an intelligence memo was produced with tweets from my twitter account while I was in DC to cover the Bradley Manning hearings, with annotations such as “Numerous members of #TOYM [Team Occupy Your Mom, the playful nom de guerre of our editorial staff journalist collective] many of whom are leaders/organizers of the National Gathering, are in Fort Meade” and even “@kennethlipp soliciting marijuana, posted June 5, 2012.”

Can those planning to burn one down at the Mall in April expect the same treatment? There are some key differences between the two scenarios that in the overall context make this an excellent opportunity for journalists who cover civil disobedience and law enforcement, especially in situations with unfamiliar jurisdictional lines and two-way blind communication between activists and authorities.

Summer 2012 the Park Service was overwhelmingly concerned with preventing the establishment of an encampment, as indicated by their response at the first sighting of a tent and as explicitly stated in the FOIA-obtained NPS communications. Their approach to what they regarded as planned violations of law or park regulations (many of which made more stringent for the occasion) was a stone wall, zero tents erected meant zero to evict. The show of force was effective.

National Park Police, called in from various stations, esp. NJ and NY, form an apparently rushed riot line at 'Bank 2' park. Photo by Joanne Stocker

National Park Police, called in from various stations, esp. New Jersey and New York, form an apparently rushed riot line at ‘Bank 2′ park. Photo by Joanne Michele

Preventing a few hundred from starting an encampment is of course an entirely different proposition than preventing a crowd of one hundred from simultaneously smoking marijuana. They will not be slapping joints from pursed lips at 4:19:59, and they cannot prevent access to the facility for those in possession of marijuana because they cannot conduct searches of every possible participant. They need probable cause for a search, and conducting one would be a practical nightmare without the barricades the National Gathering’s coincidence with Independence Day festivities on the Mall allowed them to employ prolifically.

But the Park Service has demonstrated their intention to observe federal law in this matter, and as long as that law includes the prohibition of marijuana and prescribes penalties for its possession, rangers responsible for enforcing that prohibition of course cannot allow it to be openly used (not to mention promoted), not indefinitely, and not now that large lines of tourists, parents and grandparents with children in tow, will be lined up behind them to indulge iconic, wholesome American culture. To do so they will need to make preparations well in excess of their local resources.

Expect drug dogs: though the Supreme Court recently ruled regarding their use at private residences, the Park Service is free to use them to patrol US Park grounds and may use them as indications of suspicious activity sufficient to stop and question someone. They have a reasonable chance of sufficiently discouraging assembly on site if participants arrive to find those first on scene receiving citations or perhaps even being arrested. The NPS will likely bring in US Park Police K-9 units, and I would not be surprised to see a certain USPP Gate officer with whom we have experience. 

What will occur if the Park decides to consistently enforce the law and issue citations if a large group of protester successfully amass by 4:20 and pull out their spliffs and cones and blunts and get high is largely unpredictable, but as they have telegraphed their awareness of Poe and his friends’ intentions we can assume they will be making some preparations. To issue citations to 100 or more people – to observe them in possession, detain them for ID and a summons – would require another well-planned and well-staffed special operation to be able to keep most of the crowd from simply wandering off – and even with such a force called in the large number of people who will still attempt to flee will likely be subject to forceful detention and arrest.

The total cost to taxpayers of US Park Service operations in response to the Occupy National Gathering was hundreds of thousands of dollars. While a drop in the ocean compared to the overall billions squandered to wage the Drug War, a few hundred grand spent to suppress the Smokedown’s 5 minutes of euphoric civil disobedience is another excellent reason to insist that politicians prove this is all worth it – and the evidence clearly indicates it is not – or change things. 

Watch About 200 People Smoke a Joint at the Liberty Bell

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As planned, the Panic Hour and PhillyNORML held their third Smokedown Prohibition event at Independence Mall to directly demonstrate against marijuana prohibition by openly smoking it. 4:20 came and went with a large cloud and zero confrontation between demonstrators and authorities (a Park Ranger on his bike observed the whole event). Watch here:

 

For the Third Time Since December, 100′s Plan to Fire Up at Independence Mall (at 4:20)

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Steve Miller-Miller speaking at the Independence Mall Smokedown February 9th. Photo by Dustin Slaughter

By Kenneth Lipp

Twice now, once in December of 2012 and again last month, approximately 150 people gathered at the northeast corner of Independence Mall, gave speeches both satirical and curtly political extolling the merits of ending the legal prohibition of marijuana, and at 4:20 p.m. lit and collectively smoked dozens of doobies. This Sunday, they aim to blaze one at the Liberty Bell again, and in contrast to the two previous frigid dates, where the glassy-eyed demonstrators largely had the National Historic Site to themselves, they’ll likely have a good bit of company due to fairer weather and St. Patrick’s Day festivities.

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4:20, ‘Moment of Cannabis Reflection.’ Photo by Dustin Slaughter

Organizers of the event, the Panic Hour and PhillyNORML, issued a press release concerning the demonstration and explaining what motivated their date selection.

‘We have chosen St. Patrick’s day, a holiday known for people’s excessive use of alcohol and belligerent behavior, to demonstrate the stark difference between behaviors associated with cannabis and alcohol users. It’s very clear to see that cannabis is safer. There have never been any deaths or overdoses associated with cannabis. And while thousands of Philadelphians get drunk and abuse alcohol on this day, cannabis, an herb which is known to treat multiple ailments and even cure cancer remains illegal. We hope these acts of civil disobedience will debunk stereotypes about cannabis and further our movement to legalize it in the Commonwealth of Pennsylvania,’ said Panic Hour organizers from their undisclosed bunker location.

The purpose of the Smoke Down Prohibition events is to raise awareness about the social issues that are directly related to the prohibition of cannabis and support recent bipartisan moves to legalize the industrial production of hemp and establish a hefty federal pot tax.

The press release also included an advisory: “Those who may be participating in civil disobedience are aware of the following: The National Park Service can issue a citation for marijuana possession. This is usually not a custodial arrest – it is a summons to federal court that can be settled by paying a $175 fine. This only applies to those in possession of a SMALL amount (i.e. a joint) and their legal ID.”

No arrests or citations were reported during the first Smokedown on December 15, nor was there any law enforcement involvement on February 9th when I attended (sober, as a member of the press). A US Park Ranger in an SUV observed from a distance by the Visitor’s Center, and the Philadelphia Police Civil Affairs officers on site never left their unmarked white Taurus (in 2010 Philadelphia made possession of small amounts of marijuana a summary offense, a move William Bender of the Philadelphia Daily News accurately described as “backdoor decriminalization,” which provides a similar monetary penalty as the federal charge).

This Sunday, however, the sight and aroma of 100-200 congregants demanding pot legalization over a loudspeaker before cranking up the Reggae and smoking dozens of joints and blunts will likely be noticed by parents in line with their children to see the Liberty Bell.

The Declaration will be on scene Sunday to bring you coverage of the demonstration.

EVENT INFORMATION

Time: Sunday March 17, 2013 from 3:30PM to 4:35PM,  4:20PM – Moment of Cannabis Reflection

Location: Independence Mall located at 5th St and Market Sts, Philadelphia, PA

Video Promo:

Morning News Roundup – February 26, 2013

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Litigation between Penn State and it’s insurance company over a suit filed by a victim of Jerry Sandusky will be transferred to and conducted in Philadelphia’s Court of Common Pleas, reports the Pennsylvania Record. 

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Philadelphia’s City Controller Alan Butkovitz says that his audit of the city’s 2012 finances show that Police Department overtime spending is “out of control.” NBC Philly

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The Philadelphia Inquirer ran an editorial calling for the Philadelphia Marathon to be taken out of the city’s control and placed in the hands of an independent entity.

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