Re: [occupy-where-I-live:5564] Santa Clara Police Harrassed anti-war protester; join us tomorrow 11:30 - 1, Stevens Creek & Winchester (fwd)

[robert <http://dummy.us.eu.org/robert>]

Wow.  Somebody's slow on the uptake.

 > From: Noelle <http://dummy.us.eu.org/noelleg>
 > Date: Sat, 22 Mar 2014 22:05:42 -0700 (PDT)
 >
 >  > Date: Sat, 22 Mar 2014 19:30:54 -0700
 >  > From: Spencer Graves <http://www.prodsyse.com/~spencer.graves>
 >  > 
 >  > Hello, All:
 >  > 
 >  >        Below please find an email from David Ledesma, who had a brother 
 >  > killed in Vietnam.  David has been vigiling every Saturday and Sunday, 
 >  > 11:30 AM - 1 PM for 11 years at Stevens Creek and Winchester Blvd, on a 
 >  > corner that is inside the City of Santa Clara.  Today, he was harassed 
 >  > by an officer of the Santa Clara Police, claiming he was violating some 
 >  > city ordinance, though she wasn't sure which one.  After the incident, 
 >  > attorney Dan Mayfield told Ledesma he would send letters to appropriate 
 >  > officials on Monday.
 >  > 
 >  >        If you can, please join David and me tomorrow, Sunday, 11:30 AM - 
 >  > 1 PM, Stevens Creek and Winchester Blvd.  Bring your favorite anti-war 
 >  > sign or just a camera ;-)
 >  > 
 >  >        Best Wishes,
 >  >        Spencer
 >  > M:  408-655-4567
 >  > 
 >  > -------- Original Message --------
 >  > Subject: 	Santa Clara Police: Sep 30, 2006 Déja vu
 >  > Date: 	Sat, 22 Mar 2014 17:31:52 -0700
 >  > From: 	david <http://www.hotmail.com/~svtriathlete>
 >  > To: 	david ledesma <http://www.hotmail.com/~svtriathlete>
 >  > 
 >  > Greetings everyone-
 >  > Today, March 21, marks 11 years that I have been protesting against war 
 >  > and militarism (and other concerns I have) at the corner of Stevens 
 >  > Creek Blvd. & Winchester Blvd. (Santa Clara corner boundary).  Today, I 
 >  > was approached by Santa Clara Police Officer, Jamie Ellis (Badge #189), 
 >  > and told someone called SCPD and made a complaint about the message on 
 >  > my signs.  Ellis was given the complaint.  She told me that it appeared 
 >  > there was a city ordinance not allowing sidewalk signs (like mine) but 
 >  > she wasn't sure it applied to me.  She asked me if I had been out there 
 >  > before with my signs.  I replied, "yes, for the past 11 years, every 
 >  > weekend".  She then pointed to my sidewalk signs and asked if they have 
 >  > been the same signs.  I said yes.  She followed that up asking if I had 
 >  > ever been approached by SCDP about it, I said "yes, but it's already 
 >  > been resolved".  She asked "how long ago", I replied "about 5 years ago".
 >  > 
 >  > She inquired what happened, so I began explaining that a SCPD SWAT guy 
 >  > (who was on over time) driving a SCPD patrol car, wearing a black jump 
 >  > suit, with no badge and no identifying name plate, who didn't like my 
 >  > signs, told me I had to take down my sidewalk signs because there was a 
 >  > city ordinance not allowing them.  When I asked which ordinance, he said 
 >  > if he had to look it up on his computer he would write me a citation.
 >  > 
 >  > I went on to explain that I took my signs down and went straight to the 
 >  > SCPD to find out what ordinance. /When the officer on duty showed me 
 >  > which ordinance, I read it and said it didn't seem to apply to me and my 
 >  > signs.  It applied to signs illegally fixed to the sidewalk or other 
 >  > city property.  I asked how I could file a complaint against the SWAT 
 >  > guy for denying my right to Free Speech. He said I could start by coming 
 >  > to the City Offices on Monday and visit the Code Enforcement office, and 
 >  > that I could also ask to speak with the SCPD Watch Commander. So, I 
 >  > asked to speak with the Watch Commander./
 >  > 
 >  > By this time I could tell Ellis was getting a little impatient at my in 
 >  > depth explanation.  So, I fast forwarded to explaining my attorney, Dan 
 >  > Mayfield, wrote a letter to the SCPD Chief and City Attorney that the 
 >  > ordinance did not apply to my situation and that my First Amendment 
 >  > right to Free Speech was violated by the SCPD officer.  That I would 
 >  > return the following weekend with my signs and he would be present to 
 >  > observe.
 >  > 
 >  > I ended by explaining that I returned the following weekend with 30 
 >  > people, the San José Mercury News and the Santa Clara Weekly, both who 
 >  > had an article and photos in their papers.
 >  > 
 >  > Ellis then asked for my name.  I gave her my name.  She then asked me 
 >  > for my address.  I asked why she needed my address.  Then she asked for 
 >  > my I.D. to verify my address as part of her "investigation".  She wanted 
 >  > to make sure I was who I said I was, in case I gave her a fake name.  I 
 >  > told her I didn't want to give her my I.D., and reminded her that she 
 >  > said she wasn't even sure I was violating the ordinance in the first place.
 >  > 
 >  > She again asked me for my name.  I told her, "I already gave you my 
 >  > name".  She said, "I mean your address".  I said why don't you find out 
 >  > if I violated the ordinance, then come back tomorrow, I'll be here 
 >  > anyway".  She said "I'm not interested in tomorrow, I'm asking you 
 >  > now".  So, I asked to speak with the Watch Commander.  She said "yes, 
 >  > now what's your name"?  I said, I already gave you my name".  She said, 
 >  > "I mean your address".  She then said she's giving me a warning about my 
 >  > signs.  I said, "a warning.  You said you don't even know if I violated 
 >  > anything, and you're giving me a 'warning'?".
 >  > 
 >  > I pointed to the "Yard Sale" sign on the corner next to my sign, that 
 >  > was attached by wire to the traffic light pole. She said "that's got 
 >  > nothing to do with this".  I said, "nothing to do with this?  That's the 
 >  > whole reason why you're here!".
 >  > 
 >  > By this time another police car showed up.  The officer asked, "does he 
 >  > have a permit for this?".  I replied, "I don't need a permit".  She 
 >  > again tried to get my I.D., and I refused.  The other officer asked her 
 >  > to step away and talk.  She said she would be back.  They consulted for 
 >  > a couple minutes, I went back to my protest, then they both drove off.
 >  > 
 >  > Maybe she'll be back tomorrow, maybe not.  But, I will be there, 
 >  > 11:30am-1pm.  Maybe I'll see you there too!
 >  > -D.
 >  > 

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