Appeal For The Second Case

The following is a hastily made copy of the appeal filing that Ed (the lawyer) filed on December 10th, 2012.  The appeal is for the second case (not the first case, which was PeaceCamp2010 specific).  In the second case, I was convicted and sentenced to two years (currently suspended), for protesting the criminalization of sleep and for protesting the criminalization of protest itself (#MakingProtestACrimeIsACrime).

I haven't read this appeal (I only marked it up, hastily, any errors of transcription are mine).  While I am not yet familiar with the contents, my impression is that some of what I wanted (such as asserting the right to sleep as a positive right (thank you India!)) did make it into the filing (it has been a bit contentious, and I am not a lawyer, so I don't have much say, when it comes to filings).

Anyway, I would like to publicly thank Ed Frey.  It hasn't been easy.  It remains a long struggle.  If both cases fail in the higher courts (AKA I am (almost) exhausted), my hope is that the effort might encourage and assist any future attempts, until sleep is legal, or consent is withdrawn.

A Matter Of Taste

Chris (AKA Commander X) is in the news, again.

http://arstechnica.com/tech-policy/2012/12/anon-on-the-run-how-commander-x-jumped-bai/

Some of that story is the story of PeaceCamp2010. That is where I met Chris, protesting the criminalization of sleep in Santa Cruz, California, in July, 2010. But that isn't the story I am going to tell right now. I am going to fill in some of the gaps in the Ars Technica article...

Making Protest A Crime Is A Crime

If the rule of law were respectable, I might find a way to convince a willing lawyer to file sentiments such as these...

The State avoids strict scrutiny, encouraging locals to spread rumors of indirect effects, of fragile normality.

The bondage laden term lodging, and 647(e) itself, are vague, in law. 602(o), as abused locally, no better.

Appellant seeks reversal of the judgment. On the sentencing motion appeal: we seek no more than a single conviction, or a stay of sentence on 3 of the convictions. We seek a ruling that Penal Code 647(e) is unconstitutional on its face and/or as applied, and a ruling on Appellant’s right to sleep and the contours of that right, for all the reasons stated above. We also request that the opinion be published.

Another allocution might sound like this...

Protest is a necessity of State.

Sleep is a necessity of life, yet the State claims sovereignty oversleeping? Over staying warm, even if awake?!

Sleep is expressive, yet the State claims sovereignty over traditional public forums? Over protest itself?

Making protest a crime is unconstitutional.
Making sleep a crime is unconstitutional.
Making protest a crime is a crime.
Making sleep a crime is worse.

What Are You Doing In?

After the appeal status hearing, next week, I'll probably be going to jail.

• somewhere-someone-asked-about-irony-and
• lawyer-reporting-for-jail
• sleep-is-not-crime
• pending-appeal-number-one

The appeal of the conviction for the first protest (against the sleeping ban) is dead, the 6th refused to hear and refused to certify the appeal. The next step is the State Supreme Court (via Habeas), or the Federal Supreme Court, or both, or neither if they also refuse the request for sane social policy.

The deadline for starting the appeal of the second protest is soon, and it could get interesting. Meanwhile, Ed's ankle, and everything near it, is under severe scrutiny (and Ed could use some work!), Linda is still being persecuted, and some public interest researchers that covered PC2010 were/are being persecuted for reporting other stories. After tweeting a bit longer, I'll be in jail, checking my S# account, maybe organizing a Police Misconduct, Law & Litigation study group, and deciding what to do next.

Somewhere someone asked about irony, and I responded, enjoy...

Is it just me or is it a circumstance fraught with irony that Ed is serving his sentence for supporting the homeless under house arrest?

Not just you. But that's nothing, ya shoulda seen the trials! Kafka meets Carlin (in a good mood, maybe), big and little hideousnesses abounded! For years. Decades! Along the way a judge had to say, out loud, lookin' us right in the eye, had to say there is no right to sleep. Yes, really, no right to sleep. No need to imagine it, transcript says so, just like the judge said so, clearly and explicitly. No right to sleep.

But that's not what I wanted to write about. I wanted to write about the criminalization of protest. Ed was prosecuted for protesting. Protesting the sleeping ban, an unjust and inhumane set of infractions. It can be kinda illegal to arrest non-homeless people, well, before Occupy, maybe, especially when they are exercising Constitutional rights, but arrest the County Of Santa Cruz, California did, repeatedly, using an unjust and inhumane misdemeanor law. Judges didn't seem to mind, didn't seem to mind at all. Juries neither, at least those that didn't speak their minds, clearly or subtley, and walk out, walk right out of their selection process.

So yeah, it is weird for Ed to be treated like a felon, jailed via misdemeanor, at home (via overtly cell-phone-like device), for protesting a cruel and inhumane set of infractions, infractions which criminalize something critical to life itself.

Making life illegal is weirder. Nothing new, of course, but really strange to experience, first hand. The State and/or Federal Supreme Courts remain, via Writ or whatever, and there are plenty of cites to debate. But that won't change the past. Santa Cruz, California thinks it is legal to make it illegal for selected people to exist. They insist. So do a number of other places in the USA. That's weird. Really weird.

Don't histories (and religions) keep trying to teach us such trends are something to be avoided? Maybe it's just me...

A Wakeup Call The Size Of A Planet

Studies employing magnetic resonance tomography (MRT) have now been able to demonstrate that a specific cortical network consisting of the right dorsolateral prefrontal cortex, the frontopolar regions and the precuneus is activated when this lucid consciousness is attained. All of these regions are associated with self-reflective functions.

http://www.mpipsykl.mpg.de/en/institute/news/press/pr0712.html

Lawyer Reporting For Jail

Ed, the lawyer, appeared in court today, appearing as Ed the protester, and was told to report for jail on August 8th (I was asked to stay away from the hearing, so this news is word of mouth).

The 6th Circuit appeal was rejected immediately, recently, as was the appeal of the appeal denial (there is a technical term for that, whatever). So this isn't a surprise, at least for us. It was assumed that Ed would be told to report for jail, because the appeal is now dead.

A writ of habeas is the next step, for the State [of or] Federal Supreme Courts. When that will happen, or if, I do not know.

My lawyer might be in jail when my appeal status hearing occurs, so what happens then is unclear. Jail seems likely.

The Documentary - Occupy Santa Cruz

Without watching it (yet), I can say it is an interesting documentary.

Disclaimer: my relationship/interaction with OSC is, um, complicated.

Woodrow Wilson Guthrie 1912

That old wind might blow this world down,
But it can't blow me down,
It can't kill me.

http://www.woodyguthrie.org/Lyrics/Dust_Cant_Kill_Me.htm

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.

http://indiatoday.intoday.in/story/supreme-court-stance-on-right-to-sleep-fundamental-right/1/177677.html

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.

http://zenarchery.com/full-text-of-the-grim-meathook-future-thing/

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

http://www.reddit.com/r/technology/comments/vptu9/linksys_just_pushed_and_installed_without_my

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.

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 FullSpectrumDemocracy.org.

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.

S#228822

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.

PeaceCamp2010 Appeals Online

Today Ed was telling me about India surpassing the USA in advancing human rights laws, by declaring sleep a basic human right. That was after telling me about the PeaceCamp2010 Appeals documents that are available online. Perhaps Santa Cruz, California will cease perpetrating regressive cruelty. That is unlikely to occur here, nor in California, nor the USA, before the Appeals hearing occurs on June 14th, 2012, because corporations hate us to death.

Explaining Water To Fish

TED:snob::Emperor:nude

Court June 14th

Ed let me know that there is a hearing on June 14th, on the first appeal, now that the filings and responses are filed.

He also has[had, case dismissed!] a hearing this Friday, for contempt, because he didn't wear a suit during the second trial.

Yes, the courts are that broken, in Santa Cruz.

Sleep Is Not A Crime (in Oregon?)

Wow, a like minded individual!

I support Keith Haxton.

Don't Let Them Do That To You

AMY GOODMAN: Are you concerned about the police crackdown on the Occupy movement, a level of militarization of the police in this country that we have rarely seen before?

ROBERT REICH: Yeah, and it’s ironic that, under the First Amendment, we now have a Supreme Court that says corporations are people and money is speech, and yet when the people really do mobilize under their First Amendment rights to free assembly, the police, in city after city, crack down and don’t allow the people to be heard. I mean, if corporations are people and if money is speech, then it becomes even more critical that we expand and enrich the definition of First Amendment—of the First Amendment to allow people to express themselves.

http://www.democracynow.org/2012/5/8/we_need_to_make_a_ruckus

Meanwhile, Back At The Front Lines

Russia's Tianamen image. twitter.com/ioffeinmoscow/…

— Julia Ioffe (@ioffeinmoscow) May 6, 2012

Crimes Of Process

The misdemeanor machine has inspired a slew of epithets: “meet ‘em and plead ‘em lawyering,” “assembly line justice,” “cattle herding,” and “McJustice.” They reflect the reality that once people charged with misdemeanors get to court, they are pressured by judges, prosecutors, and their own lawyers into pleading guilty, often without knowledge of their rights or the nature of the charges against them.

http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/misdemeanors_can_have_major_consequences_for_the_people_charged_.single.html

Locally, the terms public pretender and dump truck are popular.

Meanwhile, back at the NYCLU bust...

It's almost Rockwellesque!

Civil disobedience opposite the NYSE. Arrests are about to begin. #ows #SpringTraining twitter.com/RDevro/status/…

— Ryan Devereaux (@RDevro) April 27, 2012

Not Your Founders Prison

Just as I have feared that privatizing the logistics of war will encourage private war-service industries to lobby for a hot war or long occupation to keep their industries viable, there has emerged a group of prison industries, state and federal legislators, and other players who will continue to benefit from our disgraceful ranking as the world's largest warden.

http://truth-out.org/news/item/8731-prison-industries-dont-let-society-improve-or-we-lose-business-part-i

#SleepfulProtest v StretchesOfAuthority

How beautiful #SleepfulProtest is! Their trials and tribulations are very familiar, to me: law enforcement stealing their property, intimidating them out of their rights, citing the law to officers while being (falsely) arrested and incarcerated, dealing with hearings, etc. My one regret is that the appeals process is so slow; if only we were done, so any Californian SleepfulProtest could avoid 647(e) and 602 abuses (hopefully, after the UC Davis pepper spray scandal, physical abuses are a reduced risk).

I wonder if they are aware of the 9th Amendment...

Chimes Of Freedom

At least 10 Occupy Wall Street protesters were arrested last night during a large demonstration across the street from the New York Stock Exchange. Forced off the sidewalk on Broad Street earlier in the day, Occupiers sought refuge on the steps of Federal Hall, which is U.S. government property. For the most part, U.S. Park Police tolerated their presence, provided they didn't violate a "no sleeping or camping" rule.

http://gothamist.com/2012/04/17/video_ten_arrested_as_ows_tests_pro.php

Meanwhile, back at the flashback...

[...]
Striking for the gentle, striking for the kind
Striking for the guardians and protectors of the mind
[...]

For the countless confused, accused, misused, strung-out ones an’ worse

No Sleep Til Liberty

Meanwhile, back at the big apple...

At 6AM this morning, NYPD -- including high ranking officials (white shirts) -- surrounded and raided the corner accross from the New York Stock Exchange where Occupiers have been sleeping on Wall Street. This police action appears to be in direct defiance of the 2000 decision Metropolitan Council Inc. v. Safir, which held "public sleeping as a means of symbolic expression" to be constitutionally-protected speech. Occupiers read text from the case to police as they were being removed.

NYPD arrest sleep protesters

Where Is My Country

Tonight there is a compelling cinematic event, an opportunity to learn more about Gene Sharp.

Transitioning

Reclaiming property ate the day. At the moment I am skimming The Armies Of The Night and considering next steps...

Allocution

Amos 5:7

Sleep is not a crime. Sleep deprivation, a known torture technique, disrupts memory, cognition, the ability to make decisions, etc.

Two Years Suspended

Yes, I protested. Yes, I was incarcerated. Yes, I was put on trial. Yes, I was convicted. Yes, I am currently not incarcerated. Yes, I will continue to protest.

No, I am not sure about the details, yet. More to follow, but first...

Mmmm, warm.

Recovered some protest property (slightly damaged, as usual, so much for respect) yesterday, returned to the protest site last night and, just as I was dozing off, was injected into a local radio show/interview/debate/mudfight.

Still Sleepin'

I didn't expect to be posting again so soon! Was it the lack of a blanket or sleeping bag keeping arrest at bay? Was it the trouble with 602 v. Constitutional protections? A change of heart? A pause to reflect?

Prisoner Of Consciousness

I was arrested yet again, last night, while protesting the sleeping ban at the Santa Cruz County Courthouse. After warning law enforcement that they could be violating core Constitutional protections, referenced in 602(o), the powers that fee decided to switch to 647(e) and 602(l)(1) charges (unless I am mistaken, I couldn't find an (L)). But...