Showing posts with label occupy. Show all posts
Showing posts with label occupy. Show all posts

FBI Infiltrators in Protest Groups

FBI Infiltrators in Protest Groups

The FBI infiltrates protest groups.  They are authorized by the Attorney General to do so to prevent  “federal crimes, threats to the national security,"  and to aid in gathering "foreign intelligence,” three categories that “are not distinct, but rather overlap extensively,” according to the linked report, FBI Domestic Undercover Guidelines.  THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS     In doing so, the FBI is supposed to violate Constitutional protections as little as possible – but given the actual guidelines, it can be noted, nothing is safe from intrusion.   “These Guidelines do not authorize investigating or collecting or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States,” the report states.  Note it says solely.   
  
Theoretically, at least, the FBI is concerned about – or should be concerned about – people or groups who have destructive plans.  Such destructive plans may include such things as planning to bomb, shoot, or poison people.  Gathering materials, supplies, or weapons to do such things is of definite concern.  Other individuals or groups may be recruiting people to be terrorists or pirates, either in the U.S., or with plans of sending them overseas. 

If you read the news on the internet a lot, as I do, you may have noticed that most “groups” engaging in such acts are not really structured organizations, but rather, loosely-affiliated people who somehow come up with a plan to blow something up.  Often, these are small groups of friends, such as the three men who were involved in 1995 in blowing up the federal building in Oklahoma City, killing hundreds, including many small children.  It seems logical that a large protest group with meetings open to the public is not a format where violent acts can be secretly planned.  Nevertheless, such groups almost always are infiltrated by the FBI.  Perhaps the agents are attracted by the potluck dinners.  

When a protest group is peaceful, it feels very offensive to be spied upon.  Groups often do not find out till years or decades later that they were spied upon, and looking back, wonder what about their group could possibly have been of interest to a sophisticated law enforcement agency.

Spying on protest groups and on individuals includes “Undisclosed Participation in Organizations.”  That means, the FBI sends agents as infiltrators to join your group.  These people are often in trusted leadership positions within a group.  I’ll explain in this article how to spot such people.

The FBI also assists local police with “special events management, in relation to public events or other activities whose character may make them attractive targets for terrorist attack.”  When big events include protests, that means the FBI is likely to monitor the protest activities.

The FBI also recruits human sources: “The identification and recruitment of human sources -who may be able to provide or obtain information relating to criminal activities, information relating to terrorism, espionage, or other threats to the national security, or information relating to matters of foreign intelligence interest -is also critical to the effectiveness of the FBI's law enforcement, national security, and intelligence programs, and activities undertaken for this purpose are authorized and encouraged.” 

Human sources are people within groups who are used, either to their knowledge or not, to provide information.  When past FBI activity of spying on protest groups has been uncovered, it has often been found that there have been many such part-time adjunct paid moles within a group.  These are people willing to trade a paycheck for information.  The bad part is that money gives these people incentive to fabricate or embellish.  The FBI usually denies having anything to do with such people.  When records are opened decades later, people look back and say, “Ah-ha, I thought he might be spying on us.”  Often those doing this type of befriend-and-tell are people with alcohol, drug, legal, or mental problems.  These people like the paycheck and the feeling of being special.  Or sometimes, perhaps, their weaknesses are used against them to get them to spill the beans.  Sometimes, the moles are “pillar of the community” types who get convinced they are doing right to spy on their neighbors.

The FBI infiltrator will identify “potential human sources, assess the suitability, credibility, or value of individuals as human sources, validate human sources, or maintain the cover or credibility of human sources, who may be able to provide or obtain information relating to criminal activities in violation of federal law, threats to the national security, or matters of foreign intelligence interest.”  In other words, the FBI helps such people maintain their cover. 

Interpersonal spying is easy in this era of the internet and self-employment.   One mole might have many identities on the internet, using numerous facebooks with different profile photos, different names on emails, etc.  One person can easily adopt multiple personas – men, women, all different races and types.  A typical ruse is to have a very pretty, sexy female profile photo.  Most men will confirm such a friend request.  Once “she” is friends with one person in a group, others will also easily confirm her friend requests.  A few months back, I saw an urgent message from a protest organizer warning others that “All the pretty girls are fake profiles!”  It was true.          

The FBI also spies on protesters using information available on the internet. “The methods authorized in assessments are generally those of relatively low intrusiveness, such as obtaining publicly available information, checking government records, and requesting information from members of the public.”   Today, people organize protests out in the open on the internet.   When there are comment boards, such as on Facebook, there are often people proposing violence – and these are just as likely to be law enforcement infiltrators as they are to be real agents provocateurs or trolls trying to get a rise out of people.  

The FBI also spies on peoples’ emails, phones and internet usage, getting  “grand jury subpoenas for telephone or electronic mail subscriber information.”  To go to a grand jury, there better be probable cause to show a person may be engaged in crime.  

How to Spot Infiltrators.  It is fun to play Spot the Spy.  The FBI uses two types of spies – agents who infiltrate, and human sources, who are non-FBI agents paid or unpaid to report information to the agents.  FBI agents acting as infiltrators are intelligent people with college degrees.  They are personable and speak well.  They are organized.  They are physically fit and can run.  They can shoot a gun.  Such people are good actors, and they can play people from all socioeconomic backgrounds. They are often multi-lingual, though you may not know this unless they slip up.  They are often capable of playing different ethnicities.  For example, a man may actually be Puerto Rican, but he can play being from any Hispanic country.  If he can speak Arabic, he can also play being from any Arab country or from within any Arab-American group.  A woman can do the same.  Multilingual Hispanic, American citizens who can speak Arabic are highly coveted for undercover work.    A Black person skilled in accents and languages can play roles of being from a northern city, from a southern university, or can put on an accent and be from Jamaica, or from France, or from an island.  A 40-ish white person can blend in as a good old boy with the right wing type groups, and then fairly easily slip into mainstream mixed protest groups, and also mix in with Polish or Russian immigrant groups.   Asians have a harder time swapping nationalities, but gain trust within Asian groups or as friendly nerds in mixed social groups. 

Infiltrators are rarely the center of attention.  They wear simple styles of solid-colored clothing that is indistinguishable.  Older agents might have a distinct hat that changes for each group or city.   They are not the silent observers, nor are they the active agitators.  Often, they make broad statements that are supposed to mark them as knowledgeable and unquestionably committed to “the cause.”  There will be no substance to the statement, just a broad, nonspecific statement of support.  They are not there to argue or to push an agenda, they are there to spy and find out your agenda.  

The internet is such a game-changer.   I have watched Occupy streams from different cities, and have seen the same three infiltrators pop up from city to city.  They talk about “revolution” and “building the movement.”  They must be checking in with their moles, then flying to the next city to stand at a GA and talk about building a movement.  Back in the pre-internet days, it was easier to get away with conducting a spy operation this way.  Also, now with cell phones, it is easy for them to have a local phone number wherever they go.  They like whatever food you like.  They want to hear whatever music you want to hear.  The won’t get drunk with you, but they will gladly be present while you get drunk.  Then they will listen to (and record) your careless statements and treat them as well-thought intentions.

The internet can also be used to boost infiltrators’ credibility.  They can have imaginary friends and supporters on comment boards.  They can easily create an online persona (or two or three or twenty).  Creating a simple website gives them a job and a history and makes them “real.”   This is especially true if they use a name that is shared by hundreds of other people  across the U.S., or a name that can easily have multiple ways of spelling it.   

Infiltrators can show up at meetings, at an outdoor event, in a jail cell.  There may be chance encounters where, if you look back later, you may realize an encounter was not chance at all, but had been carefully prearranged and timed.  The person will "just  happen to be” at the mall when you are.  They "just happen" to get arrested and locked into your cell with you for a few hours, or for a few days, though it is likely guards will show up to take them in and out of the cell on “official jail business” of some sort so they don’t have to sit with you the whole time.   They show up at the community festival, where you won’t notice who they are with, if anyone. 

Infiltrators are chameleons; they will become whatever you need.  They are not there to push their own agenda, they are there to find out what yours is.  If you are being “set up” by an agent infiltrator, they will make your slightest suggestion of an agenda become a reality.  If you joke that you would like to blow up a bridge, they will help you order bomb-making materials from their “friend,” and will drive you to scope out the bridge.  Whatever it takes to elicit your plan and make it approach reality, they will be there for you.   They won’t try to dissuade you.  They won’t encourage you, either, they will simply help facilitate whatever you have even slightly verbally uttered.  They are recording you secretly.


Spying on peaceful protest groups, where there is no danger, must be the training ground.  Working with real terrorist recruiters or drug cartels is actually dangerous.   Then, if a spy is supposed to be Arab and suddenly gets a hankering for a burrito or accidentally sings along in Spanish with the car radio, there can be real trouble.   Infiltrators who spy among peaceful protest groups are usually good enough to fool most of the people most of the time.   A lot of people don't really care, since nothing secret is going on.  Others protesters feel very offended and hurt when they find out their "good friend" was a plant.

Human sources are a different bunch altogether.  While a real FBI infiltrator will have discipline and poise, intelligence and physical fitness, a human source may be a smoker, a drinker, unfit, paranoid, a layabout, and annoying, but lovable.   A human source may be a busybody organizer.  A human source may be a quiet friend who is omnipresent, but rarely noticed.  A human source may be the ditzy woman that no one takes seriously.  A human source may be the eccentric crazy lady with the colorful clothes.  In other words, human sources are often the opposite of the disciplined FBI infiltrators for whom they work.

I could tell you some surefire ways on how to test if a person is an infiltrator, but then, everyone would know.   Suffice it to say, there are several foolproof methods.  Try to guess what they are.

All quotes in this article are from the FBI DOMESTIC UNDERCOVER GUIDELINES, which you can download by clicking.






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Occupying L.A. Metro Stations

Occupying L.A. Metro Stations
by Sue Basko

Someone attending an Occupy Los Angeles GA (General Assembly) proposed holding meetings at a Metro Station.  At first I thought, that's ludicrous.  Then, I looked into it some more and it may not be so ludicrous, even though it will be hard to follow the rules.

Los Angeles Mayor Villaraigosa promised the Occupy LA folks that a certain staircase area of City Hall would always be available as a free speech forum.  Rather than have that be true, the group has been subjected to police interference that inhibits or chills free speech.

I also checked into meeting rooms at public libraries and park districts.  These charge a rental fee and require insurance.  Also, most of these rooms are too small for a GA, which is open to anyone.  So where are large groups supposed to gather, free of charge, for purposes of conducting a free speech meeting?

Holding a GA at the ground level of a Metro Station might be possible, if the station outdoor area is large enough.  Read all the rules carefully and see if the place and activity can meet the rules.  Proper planning is the key.  Bring a measuring tape and the rules and see if you find a station location that meets the distance requirements in Section 6-05-210, which you can see below in the Solicitation section.

Click to download the 

ALL parts of the Metro Code of Conduct apply.  It should be read in full by each person before attending or running any such meeting.  The specific parts that are most applicable to this proposal are these:

NO LOUD NOISE:

6-05-150 Noise.
The following acts are prohibited in Metro facilities and vehicles:
A.
Disturbing others by engaging in boisterous or unruly behavior.30
B.
Creating noise, including unnecessary cell phone or other conversation, that is so loud, lengthy, sexually explicit, threatening, violent, or disruptive, that is causes a nuisance or unreasonably interferes with the use, operation, or enjoyment of the Metro facilities or vehicles for Metro representatives or patrons, or creates an unsafe condition, such as distracting operators of Metro vehicles.30
C.
Playing a sound device, except when using headphones or earphones that make the sound inaudible to others unless a permit has been issued for usage of such sound device by Metro.31


NO CAMPING:

6-05-120 Loitering.
A.
Loitering is prohibited in Metro facilities and vehicles.27
B.
Loitering includes the following:
1. Storing personal property in a Metro facility or vehicle.
2. Camping or sleeping in a Metro facility or vehicle when not riding for a transportation purpose.28
3. Remaining in a Metro facility or vehicle without lawful transportation purpose or refusing to provide identification.29

TIME, PLACE AND MANNER RESTRICTIONS ON FIRST AMENDMENT FREE SPEECH ACTIVITY:

6-05-210 Solicitation.
A. No person shall solicit money or other things of value in a Metro facility or vehicle.37
B. No person shall solicit public support, or distribute materials, for any cause in Metro vehicles and in underground or non-public areas of Metro facilities where the distribution is disruptive, presents a safety hazard, or impedes the movement of Metro patrons.
C. The exercise of freedom of speech is permitted in Metro facilities and vehicles, subject to the following restrictions:
1.
Activity at a rail station is limited to street level areas and areas which are not platform waiting areas for patrons.
2.
Activity may not occur within fifteen (15) feet of an elevator, escalator, stairwell or staircase entryway, above-ground platform, loading zone, kiosk, transit entrance or exit, emergency exit or telephone, fare vending machine, or fare media readers or validators, or customer service station.
3.
Activity may not impede transit services or the movement of patrons or Metro personnel.
4.
Pamphlets and leaflets may not be left unattended in a Metro facility or vehicle.
5.
The carrying of signs or placards larger than thirty (30") inches by thirty (30") inches, in Metro facilities or vehicles is prohibited. Large signs can be folded or rolled up to comply with the 30" by 30" restriction. No pole, stick, or other similar object or device utilized to display a sign shall exceed a length of thirty inches (30"), nor shall such object exceed a thickness of one-quarter inch (1/4") and a width of two inches (2"); or if not generally rectangular in shape, such object shall not exceed three-quarters inch (3/4") at its thickest dimension. This limitation is not intended to prohibit walking canes, crutches, or similar device used for mobility assistance by a person with a disability. No object shall have an exposed sharp pointed end.
6.
Carrying of any such signs or sticks must not to interfere with the movement, seating, or safety of patrons or Metro personnel.
7.
Food and drinks shall not be distributed in Metro facilities or vehicles except by Metro or persons who obtain a permit from Metro.
8. Tables and portable equipment are prohibited, unless approved by Metro.


Free Occupy Poster by Aaron Kuehn

Free Occupy Poster
Art by Aaron Kuehn

CLICK below to DOWNLOAD
A PDF OF THE POSTER

Aaron Kuehn designed the now-famous Bicycle Typogram poster, a t-shirt for L.A. Bicycle Kitchen,  and many things.  Aaron is an L.A. Occupier. 

Aaron's poster (above) for Occupy was ranked in the top 15 nationwide  by art critic, Dan Bischoff in an article in Salon. Bischoff ranked Aaron's posted the second highest in the group, saying:

"This is a very strong graphic image. And I think it says something that is very elemental to the demonstrations. It's a great sign to carry around in the marches; I've seen it several times. [It] boils them down to just one point, which is a good thing."


YOU CAN PRINT UP YOUR OWN POSTER(S), BUT YOU CANNOT SELL THEM. Use for non-moneymaking purposes only.  

Undercover Cops at Occupy Protests

Undercover Cops at Occupy Protests
by Sue Basko

UPDATE November 30, 2011: Last night, Occupy L.A. was raided.  After the camp was closed down, someone took video and stills of about 8 men who were obviously undercover cops from the camp, standing up on City Hall steps and high-fiving it with the uniformed officers.  Some people were surprised that undercover cops had infiltrated their group.  To try to cover the existence of the undercover cops at the camp, one of the ranking officers referred to there being  "about 12 people left in the park, waiting to be arrested," which of course, made no sense.  
* * * 
Undercover cops have been spotted at Occupy protests. Of course. 

What They Wear:  A baseball cap (or sometimes a knit cap), hooded sweatshirt, dark pants or old jeans, and often a dark-colored backpack.  I assume there is a radio communication receiver (like a bluetooth) under the hood and pepper spray and handcuffs or zipties in the backpack.

What They Do:  Just kind of walk around or hang around.

What Their Job Is:  To watch and see if anything out of the ordinary is happening.

Should We Mind If They Are There?   No, not really.  It is fun to play Spot the Cop.  Also, it is possible some nut case may come along and try to commit some really violent act at a big protest, and hopefully, one of these undercover cops will see it beforehand and stop it.  There are always undercover cops at any big crowd event; thinking otherwise is naïve.

Cop-Spotting at Occupy:

Occupy LA:  Early on at Occupy LA, an undercover cop was spotted hanging around.  What was he wearing? Baseball cap, dark hooded sweatshirt, jeans.  He was better-looking than the average cop, kind of like Jake Gyllenhaal.  He spooked people because they were not sure if he was a cop, a provocateur, or a nut case about to do something.  Once it was confirmed he was a cop, there was a sense of relief. 

Occupy SF, Occupy Oakland: At Occupy San Francisco, OakfoSho (aka Spencer Mills) from Occupy Oakland was out livestreaming on Black Friday, the shopping day after Thanksgiving.  Spencer spotted an undercover cop and asked him, “Are you an undercover cop?” The man answered no, and then said, “I’ve been at this a lot longer than you.” 

Occupy Wall Street, New York: At Occupy Wall Street in New York, a livestreamer (not Tim Pool) asked a man if he was an undercover cop.  The man hit him.  The livestreamer followed the man as he walked away quickly,  trying to escape from the livestreamer and his camera.  The livestreamer followed the man as he walked into several police-only locations and eventually got into a police-only vehicle and was driven away, his cover blown.  This man was slightly too old and chubby to wear  the Undercover Cop uniform, and he had some lumps under his sweatshirt, which could have been a gun or other weapons. 

Occupy Wall Street, New York:  On the day after the OWS campers were kicked out of Zuccotti Park, Tim Pool (theother99, Timcast), the Chicagoan now famous for livestreaming the New York Occupation, was streaming a march to the Goldman Sachs building.  When the protest march arrived at the building, some protesters staged a sit-in.  Tim stood near the curb with a crowd of onlookers.  A man in a dark suit stood next to Tim and elbowed him hard in the ribs.  Tim loudly announced this and asked the man if he was a cop.  Then, another man in the crowd said the man in the suit had elbowed him, too.  The suit man left and joined the cops surrounding the sit-in by the door.  Suit man seemed to be directing some of the police action. Tim called him “a high-ranking police officer.”  I think he was building security for Goldman Sachs.

WHAT'S your cop-spotting story?


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Anonymous vs PERF

Anonymous vs PERF
by Sue Basko

(November 2011) A few days ago, it came to light that PERF, Police Executive Research Forum, an organization in Washington, D.C., held several conferences calls of 40+ mayors or police chiefs from major cities nationwide, talking about their experiences with the Occupy protests.  This was interpreted by many to mean that PERF had coordinated the raids on the encampments.  Anonymous, the hacktivist group, has pledged to take remedial action against PERF.

 PERF denies coordinating the raids, saying it only held conference calls and that in fact, its publications urge a "best practices" method of nonviolent reaction to nonviolent protest.  Yesterday, I tried to download the PERF report  on crowd management, but found I would need to be a member, which involved paying $160 or $300 and having a Bachelors Degree and a job in upper-level police management.    Today, PERF is BEGGING people  to download their report.

Okay, so having read the report -- I have to say -- if followed, it is a good model for police to follow on crowd control.


To me, it sounds like the police that did the most abusive things in the Occupy raids were those from the most unprofessional groups.   For example, in the raids on Occupy Oakland, the Oakland Police Department has said that it was not their officers that did the damage, and that their officers do not even have such weapons.   I have read the  Oakland Police Department Crowd Control policy (download here) and this seems to be the case.  Other smaller police departments were brought in to help.

 I asked a friend of mine  who is a long-time law professor in Civil Rights with much police experience if the other agencies coming in to Oakland would be allowed to bring in weapons not used or allowed by the Oakland Police Department, and he said that police will never take a weapon from another police officer.    This seems really odd to me when we are talking about police hurling and shooting projectiles at people many feet away, people who posed no imminent danger to anyone. 

The situation at UC Davis involves several officers, including John Pike, who is now infamous on the internet, and deservedly so.  Pike is seen on many online videos shooting pepper spray at seated students.  He sprays them as if they are cockroaches.  Rumor has it that Pike is actually some sort of library security guard.  If so, he clearly did not belong in a field position.  He reminds me of security guards I used to see at a shopping mall  at Hollywood and Western in Los Angeles -- brutish people given a tiny bit of authority and using it to attack citizens.

The abuse at UC Berkeley seems different. From the videos, it looks to me as if the police had a coordinated plan in place to attack the girls and women, perhaps thinking this would cause the young men to fight the police, thus giving the police reason to attack the young men and arrest them.  The young men did not fight back, but bravely did their best to protect the females, without raising hands to the police.  This sort of technique of attacking the weakest targets, is common among thugs.  It is also considered a form of torture to attack people in front of others whose duty and inclination is to protect the innocent victims, but who cannot due to the power differential with attackers -- in this case, the attackers being the police.

This is all food for thought.  MY OPINION: The better trained and educated a police force is, the less violent they are.  To me, it looks like PERF is an educator on the right track.

Now - as to whether raids were coordinated during those phone calls -- that's a good question.  A "conference call" with that many participants seems impracticable.  I wonder what was actually the content and format.   I have a feeling we will be finding this out in the coming months.



Starting an Occupation Protest:
Legal Considerations

Starting an Occupation Protest – Legal Considerations
by Sue Basko

Since Occupy Wall Street, or its corollary, Occupy NY, occupation protests have sprung up all over.  Occupy LA is the second largest “Occupy” protest in the U.S., and the most successful with the most positive impact and least amount of trouble.  It is also the one I know the most about.  This blog post explains how to go about setting up an Occupation protest.

What is an Occupation protest?  This is a protest that “occupies” a space. It might be a street or a park.  It might be a symbolic location, such as the Federal Reserve Bank at Occupy Chicago.  It might be a logical gathering place, such as City Hall Park, where Occupy LA is camping out.

Does an Occupation protest need to include sleeping out?  No, but many protest groups would like to try to do that. 

What else can an “occupation” be?   Since the purpose of an occupation protest is to call awareness to the dire financial situation and the need for change, an occupy protest can be anything that does that. Some examples are: 
  •  Having a round-the-clock protest vigil at a certain location, without actually sleeping there.
  • Having a daily or weekly protest at the same time and location.
  • Asking people in their homes to keep one light or LED candle burning in a front window each evening.
  • Having people hang a certain banner in their window in support.
  • Holding a weekly event to honor the cause – such as a bike ride, feeding the homeless, a sing-along or other such event.
  • Holding a monthly event with songs and speakers.
  • Having a website where people can weigh in and share their thoughts.

Planning a Sleeping-Over Occupation: 
Most Occupation protests that involve sleeping over are illegal.  They are illegal because most municipal codes do not allow sleeping or camping on the street or in parks.  Also, most parks have a closing time and Cities are allowed to enforce those things.  Some protests have been able to get a special permit or get the blessing of the municipality in which they are located. Some have been forced out, evicted, kicked out, or whatever term you like – often with many arrests.

Some occupation protests have been carefully planned so they are not technically in violation of the law. Occupy NY is taking place at Zuccotti Park, which a POPS (privately-owned public space), a place created for public use in a zoning deal where the builder trades greater density on the project in exchange for creating a public space. It is open 24 hours a day.  Although camping is not allowed, sleeping is not forbidden.  Therefore, protesters have been able to stay with sleeping bags, 24 hours a day.   Still, since the City has some control over the park, there have been moves to make the protesters leave, ostensibly for park cleaning.   Mayor Bloomberg has said the protesters can stay as long as they like. (Update: Tents are now present in the park. Update Nov.15 - Tents were cleared from the park again.  Also new rules say the park closes at 10 pm, lying down is not allowed, and no tents or sleeping bags are allowed in the park.  )

NOTE:  Zuccotti Park is a POPS - privately-owned public space. POPS parks and plazas come about as a zoning deal where a developer creates public space in exchange for being granted higher density in a building project.  Those spaces  have First Amendment rights because the owner has bargained with the City to create the space for the public.  However, a recent survey of POPS in New York City found that most POPS are not usable for any purpose, let alone for holding a protest.   


 When the Occupy protest first came to Zuccotti Park, the park had no closing time and there was no rule against lying down.   The protesters stayed all night and slept without tents.  Gradually, they started using tents.  Then, the camp was evicted from the Park, and the Park instituted new rules giving the Park a closing time and making it illegal to lie down.   There is a pending court case involving Zuccotti Park and the Occupy protests.  At this time, Zuccotti Park is being allowed to enforce rules similar to the rules of the New York City parks.  If this case follows logic, a POPS-created park such as Zuccotti Park would  be allowed to have reasonable rules, just as any New York City park does, such as closing time, not allowing camping, etc.  It seems logical that Zuccotti Park or any POPS park or plaza should be able to mirror the laws that apply to NYC public parks.  The court ruling will be interesting to read when it comes.  

Does Not Being Allowed to Camp Out as Part of a Protest Violate Our Freedom of Speech?  The U.S. Supreme Court ruled in Clark v. Community for Creative Nonviolence (1984) that free speech expression is not violated when municipalities or parks have laws that prohibit protesters from camping in the park.  The Court found that the laws were intended to protect the park environment and were applied to all people, not just protesters, and that the protesters had other means by which to express their ideas.  Note: in this situation, authorities allowed tents on site as a First Amendment expression, but decided that sleeping in the tents was not a First Amendment act.

Note: Since the Occupy protests began, some municipalities have said that they think camping out is a form of protest.  Irvine, California is one such place.  Some cities, such as Santa Rosa, California are giving approval for a camping protest under controlled conditions.  There, the camp is limited to 100 tents and each tent must have a permit.  To read the permit conditions, please read:  Occupy Santa Rosa Permit Conditions.

Does making us leave a park at closing time violate our right of Peaceable Assembly?  No, municipalities and States are allowed to place time, place and manner restrictions on the right to peaceably assemble, as long as the restrictions are content neutral and narrowly tailored to meet important government objectives.  Content neutral means the laws apply to everyone regardless of their message.  Cities can close the parks at night, and most cities do.  Some cities require permits for large park gatherings or for any use of a sound system.  Chicago, for example, requires a park permit for any park gathering of over 50 people and for any use of a sound system in the parks.

If you want to protest all night long and not have it end in possible arrest, you have to do one of these:  1) protest on the public sidewalk all night long (but not sleep there, unless you are in Los Angeles);  2) find a place that does not close, such as Zuccotti Park where Occupy NYC is happening (that is no longer an option in Zuccotti Park, as the rules have changed in Zuccotti Park) ;  or 3) cut a deal with local officials to let you stay in a park all night long, as has happened at Occupy LA, Occupy Santa Rosa, and other locations.   A good number of municipalities have agreed and backed the protesters, so do not think it is impossible.    If you are protesting on the street at night, the same laws apply as always apply on the street at night, such as curfew times for children and teens out without their parents, noise ordinances that usually prohibit any loud noise at night, parking laws,  and any other laws that normally apply.

What About Los Angeles?  Los Angeles does have a “tent city” going in City Hall Park.  Los Angeles is a special case.  The protesters at Occupy LA planned to “occupy” City Hall Park, a formal area of lawns, trees, and parquet brick walkways surrounding downtown Los Angeles City Hall.  No camping is allowed in Los Angeles, other than in designated camping locations, such as camps in mountain parks.  City Parks close at times ranging from 9 – 11 pm, and reopen in the early morning.  City Hall Park closes at 10:30 pm and reopens at 5:00 am. 

An interesting glitch in Los Angeles law allows people to sleep on the sidewalks from 9 pm to 6 am.  This is not contained in the municipal law, but is the result of a court case settlement between the ACLU and the City. The settlement was meant to stop the arrests of the homeless who were sleeping on the sidewalk because they had nowhere else to go.  The settlement applied to the whole City and to any person, and did not require any particular motive for sleeping on the sidewalk. This is not contained in the Los Angeles Municipal Code, rather, it is a separate court settlement that inactivates police enforcement of a section of the code.

 The “skid row” area of downtown L.A. has for years now turned into a tent city at night – and in the early morning, the tents’ occupants wake up, pick up their tents, and move away.  Many sleepers can also be seen on Hollywood sidewalks, usually with sleeping bags or bedrolls, rather than tents.  Many people sleep under freeway overpasses.  If you call the L.A. police at night to say a person is sleeping on the sidewalk, they tell you it is legal.

 In some areas of L.A., apartment building managers place old couches on the grass by the curb, waiting for trash pick-up that rarely happens.  These couches are soon claimed by sleepers.  In some neighborhoods, a nighttime walk can feel like tip-toeing through an eerie outdoor dormitory. 

I once saw a large conference table being discarded near the curb by a church in Hollywood.  The space under the table was quickly claimed as “home” by several people.  They had a roof over their heads, Hollywood style.  It’s not all Entourage fantasy in Los Angeles, though the people living under the table did have a view of the famous Hollywood sign up on the hill. 

Suffice it to say, Los Angeles has a strong tradition of sleeping on the sidewalk.  Occupy LA decided to occupy the park by day and move the tents to the sidewalks at night.  After several days of this, the City Council powers-that-be allowed them to keep their tents in the park at night.  So now, it is a tent camp on the lawn of City Hall Park. They have had to move from one side of the lawn to the other several times to accommodate a film shoot or other event.  Some nights, they have been asked to move the tents to the sidewalk so the lawn can be watered by the automatic sprinklers.

Occupy LA includes a food tent, a media tent that hosts live streaming video as well as creates short videos of Occupy LA events, a library tent, a medical tent, and a welcome tent that greets visitors and receives donations.  Occupy LA has its own volunteer security force, hosts many classes, runs a nightly General Assembly meeting, has hosted speakers and musicians, has a noon-time speaker series, and invites people out to local protests at banks or other locations.

Occupy LA has limitations.  Among the things not allowed in the park are cooking, fires, dogs, smoking, alcohol or drug use, and amplified sound.  These limitations apply always to all using the park, not just protesters.  Also, the food tent must get a permit from the Health Department, which is in process.  Porta-potties had to be furnished.  

Occupy LA has been officially endorsed by the Los Angeles City Council.  Most participants and supporters are delighted about this, while a few others complain about it.

How Can We Know if it is Legal to Sleep Over in a Certain Location?  Check the municipal code of the city or town of the park or location.  You can probably find the Municipal code online by googling on the name of the City, State, and “municipal code.”  In the municipal code, to find the applicable sections, search these terms: Streets, Camping, Public Way, Parks, Tent, parkway.  Also, go to the Table of Contents of the Municipal Code and read the header for each section.  You may find multiple areas that apply. 



What if it is Illegal to Camp Over at Our Desired Location?  You can try asking the municipality to grant you permission, if it is land owned by the municipality.  Or you can look at different locations and see if any others have different laws that apply.  Or you can stage your occupation and risk being kicked out or arrested.  In some locations, police evicting protesters have damaged or destroyed items such as tents, sleeping bags, cooking facilities.  Or you can “occupy” in a different way that does not involve sleeping overnight. See the list above on different ways to "occupy" or invent your own way.  


Some Other Main Legal Considerations in a Sleep-Over Occupation Protest: 

Eating/ Cooking / Serving Food: One of the main legal and practical considerations is how people will be fed.  Is it legal to cook on-site?  It is legal to start a kitchen?  Does the food area meet health department requirements?  Several recent "Occupy" protests have had their kitchens or cooking facilities closed or dismantled by local authorities.  These are complicated issues.  In any case, your protest is more likely to last if you deal with these matters cooperatively when they come up.   Health authorities patrol street fairs and street vendors and they know what  is likely to make people sick.    The main issues seem to be having a sanitary food service area, whether licensing is needed, serving homemade food is often not allowed, temperature levels (hot and cold), whether hand washing or sanitizing is available and enforced, and whether cooking is allowed in the location.

Toilets:  Are they available?  If not, or if there are not enough, can you get porta-potties?  Do you need a permit to place them?  How many are needed for the expected number of people?  How often do they need to be serviced by the company?   Who will clean them each day?  This can be a big expense; how will it be paid?   Can you get and place wheelchair-accessible porta-potties?  For an event lasting a full 24 hours (round-the-clock), 4 porta potties per 100 people is recommended, if they are cleaned regularly.  Each porta-potty lasts for about 90-100 uses before it must be emptied.  Prices on porta potties differ greatly, depending on the amenities and style.  Over a 2 week or longer period for a large group, a simple rule of thumb is that rental of basic porta-potties and supplies needed will cost about $1.50 per person per day.  At an occupation protest, the porta-potties are likely to be the biggest expense, greater even than food, since much of that will be donated.   In almost all places, urinating or defecating outdoors is illegal.  And you cannot count on nearby businesses welcoming a steady flow of protesters in to use their bathrooms.   The success of your protest hinges on getting porta-potties.

Noise/ Sound:  Check the municipal laws and park laws and rules regarding noise, sound, and amplification.  In most places, the general rule is that  you need a permit to use an amplifier or megaphone outside.  Another general rule is that even with a permit, sound cannot project too far.  Generally that means that from a distance of 100 feet away, the noise cannot sound louder than a normal conversational tone. Another general rule is that constant or repetitive noise, such as drumbeats or banging noises, is only allowed for short periods of time in certain locations and not at night.   Another general rule is that noise is not allowed at night, which in most places is 9 pm, but may be an hour later or earlier.  Another general rule is that if the police or other authorities or nearby neighbors tell you to lower the noise, you have to do that or you will likely be cited and/or arrested if you are noncooperative.   Some municipal laws or park laws spell out the details of all this, others leave it more vague and commonsense.  Locate the laws that apply to your site and read them carefully.  These may include a municipal code, a county code, a parks code, park regulations within a municipal code, state law, park rules or park postings, signs, etc.

Trash/ Recycling:  You need to plan and budget for trash pick-up and recycling.  There will be many plastic water and drink bottles.  Disposable plates and cups, plastic flatware, and food wrappers can leave an enormous amount of trash.   The area you use must be kept free of any trash, including any cigarette butts.  All of this takes advance planning, supplies and services,  budgeting, and cooperative people willing to help.  Leaving any kind of mess will get you citations or arrests and make you most unwelcome.   This applies to any kind of outdoor event, not just a protest.

 How to Plan and Occupation Protest