Friday, June 29, 2012

Whaddya Lost?

Note that the court did not hold only that the somnolent protestors had a right not to have their sleep interrupted by blows from the police. If this is what it had said, it would have meant only that nobody has the right to attack anyone who is asleep because they are incapable of either defending themselves physically or reasoning with their attacker. However, the court's formulation goes further than merely asserting the right to sleep as a right against assault when the human faculties are dulled by sleep. It actually asserts the importance of sleep for an individual's well- being. If the court had taken the first position, it could have been presumed to be upholding a negative right, a right not to be interfered with. Here, however, the court is actually laying down a new positive right, a right that it is now incumbent upon the state to provide.

So everybody pretends they don’t know what the future holds, when the unfortunate fact is that — unless we start paying very serious attention — it holds what the past holds: a great deal of extreme boredom punctuated by occasional horror and the odd moment of grace.

Jesus the fine print even has them harvesting your internet history.

Thursday, June 14, 2012

On Appeal Of Appeal Denial

Appeal denied, appeal of appeal denial is in process. Ed seemed to surprise them with the appeal of the appeal denial paperwork, submitted immediately.

Apparently the appeal denial is official after 30 days (what will the judges dream, I wonder).

The 6th Circuit State Appellate Court, in San Jose, is next.

The Santa Cruz judges were insistent about the illegality of sleeping as a form of protest and adamantine about the illegality of sleeping at all, in California.

When asked if it was OK for me to leave the county/state/country during the appeals process, they punted to the lower court judge, so that question remains open.

Sunday, June 10, 2012

Pending Appeal Number One

There are rumors of an appeal panel hearing on Thursday, JulyJune 14th, 4pm. Ed (my lawyer, fellow protester, and recent 'cellie') and I will appear to hear the Santa Cruz Court decide on our near term fate. We were prosecuted for protesting the sleeping ban, receiving 6 month sentences. My understanding is the panel might allow the appeal to proceed (next stop, 6th District Court Of Appeal), or not (next stop, 6th District Court Of Appeal, appealing the denial of appeal). The panel could also overturn the ruling but how likely is that in a Santa Cruz Courtroom?

You can read some of the court filings at

Apparently, if the appeal paperwork isn't ready, [or the judges are extra grumpy,] we might be remanded immediately. So if there isn't any Twitter activity, or blog posts, I am probably in jail again, for peacefully protesting the criminalization of sleep and the criminalization of protest.


Tuesday, June 5, 2012

Let Them Eat Diamond Jubilee

Speaking of India...

A group of long-term unemployed jobseekers were bussed into London to work as unpaid stewards during the diamond jubilee celebrations and told to sleep under London Bridge before working on the river pageant.

security firm Close Protection UK, which won a stewarding contract for the jubilee events

Iceland, Iceland. No peace, no peace I find. Just this [BLEEEEP] keeps Iceland on my mind.