City Exceeds Scope of Occupy Bellingham Eviction
City Exceeds Scope of Occupy Bellingham Eviction
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.
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