City Exceeds Scope of Occupy Bellingham Eviction
Permalink +Wed, Dec 28, 2011, 10:26 pm // Wendy Harris
Everyone is aware that the City of Bellingham sent police in riot gear to evict members of Occupy Bellingham from Maritime Heritage Park today. There is a common assumption that this was done because members of OB were camping illegally.
In fact, the “eviction” was something much broader. By manipulating the Bellingham Municipal Code, the City effectively prevented not only campers, but supporters and members of the public who were not in violation of any regulations, from protesting on or returning to a camp site located on public land. Such a broad approach raises concerns regarding violation of the 1st Amendment right to peaceful assembly.
Under Bellingham Municipal Code, overnight camping is prohibited on park property except by written permission of the Director of Parks and Recreation. Violating this provision is a civil infraction under BMC 8.04.030. The penalty for a civil infraction is a maximum penalty of $250, along with court discretion to require restitution. BMC 8.04.200. In other words, the rule restricting overnight camping in a public park only allows the City to issue a citation that requires a future court appearance. However, the City took action that went far beyond this.
The City sent in a riot squad to cordon off the area of Maritime Heritage Park where the camp site was located. This forced the campers and their supporters to evacuate the site upon threat of arrest. It also prevented a return to the campsite. Such draconian measures are not a permissible response to overnight camping violations under Bellingham law.
Therefore, the City asserted this was a public health and safety issue. When a public safety hazard exists, the City has authority to restrict public access to a City park and can arrest any violators. BMC 8.04.130. This authority may only be exercised when necessary to protect public safety or park property from a potential hazard. A violation of this regulation is a misdemeanor. A misdemeanor allows for a fine of up to $1000, as well as imprisonment for up to 90 days, and restitution. BMC 8.04.210.
What public safety hazard created by the OB encampment warrants this level of enforcement? I feel safer at Maritime Heritage Park since the encampment, and actually visit the park more frequently. I have not observed any potential hazards, other than the risk of tripping over the camera tripod of a fellow wildlife watcher. I have heard, but have no direct knowledge, that the City justified its actions based on the holes in the ground caused by tent poles. If this is true, it is unclear why park employees would drive stakes into the ground surrounding the encampment area as soon as it was cleared by riot police.
I was at the “eviction.” It was disturbing to stand on the public sidewalk while members of the riot squad continually advanced until they were less than a foot away. It is unfortunate that Mayor Pike authorized such an unnecessarily repressive action during his last week in office.
Comments (2)
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Mike Rostron // Thu, Dec 29, 2011, 12:09 pm
Is anyone really surprised? Business as usual in Bellingham. Because of our proximity to the border and the absolute rule of corporate and big money interests here, we live in a very tightly policed city. I have noticed since moving here that ANY public display of unity that results in ANY level of organization is quickly curtailed and put down by law enforcement; the leaders efficiently tied up with imprisonment, fines, and spurious charges calculated to distract their energies away from any further political efforts. The early protests of the Iraq war were handled with surprising firmness and admirable efficiency, and it came out that a federal agent was stationed in Bellingham whose activities were not a part of Bellingham police intelligence, and whose primary duties, as far as could be determined, were centered on identifying and neutralizing any potential protest organizers.
On the other hand, the city does not seem to mind assemblages of people downtown for the purposes of begging, dealing drugs, and generally intimidating prospective shoppers. Would it be to cynical to think that this is encouraged so that folks will avoid downtown and shop at the mall? (We notice such behavior is not tolerated there.)
So in Bellingham you have the right to sell drugs, yell obscenities at passer-bys, make threatening remarks, or generally do what you will as long as you don’t assemble to discuss politics, physically obstruct traffic, or settle peacefully in a public park. Of course the bums (as opposed to homeless) have every right to camp wherever they wish, throw their trash about and steal grocery carts, and are only apprehended if they get a little too out of hand; perhaps constructing a guillotine, raping someone, or something along those lines.
Really, Bellingham has never been a very progressive city (look at how we treated the Chinese, or how we allowed one corporation to dominate and pollute our waterfront for decades, etc.), and is currently overrun with Homeland Insecurity Agent Provocateurs; Border Patrol Officials (some no doubt with phones in their shoes “Get Smart” style); spy helicopters and drones; as well as the normal compliment of city, county, and state law officials, all tripping over themselves and most without any sort of real work to do. And you really cannot blame the police for going after the Occupy folks. After all, they are unarmed otherwise peaceful citizens, unlike potentially armed and dangerous criminals, who might push back.
So like the Caspian Terns earlier this year, the squatters had to go. Welcome to the Brave New World!
Paul de Armond // Fri, Dec 30, 2011, 9:53 am
It looks like this was Pike’s final thumb in the eye to his supporters before he fled town like a thief in the night. A shabby end to a shabby act.
Movements thrive on opposition, so this is not a bad thing for Occupy. Movements grow by recruitment, inform by persuasion, coordinate by consultation and mobilize by cooperation.
The last time the BPD engaged in large-scale political repression, the Pit Park fandango morphed into an antiwar movement that owned the streets. The dirty hippies were right then and they are right now. Bring on the noise, I say.
Movements evolve tactically and strategically by fissioning into competing groups pursuing different methods and goals. It’s evolutionary selection and the successful ones grow faster.
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