Part 1 is at: ‘This Is What They Want You To think Democracy Looks Like’
October 18th, Sacramento City Hall – What Democracy Ought To Look Like:
[video of meeting at: Occupy Sacramento ]
summary at: Mr. Smith Goes To Washington Times 40
But, Sometimes Democracy in America Looks like this,
‘We Get It!’ and we can all be proud to be Americans:
The arrests continued unabated during the interim that the Council was “thinking things over”. What we know going in is that, at any moment it chooses, the City Council can easily take an informal consensus among itself and simply turn to the City Manager and suggest that the arrests and interference with the assembly, as long as it remains safe and otherwise reasonably well behaved, be put on hold – a brief moratorium – while the Council considers the matter and decides what to do next. Does anyone for a moment believe that the City Manager would not have called an immediate halt to the use of the police to oppress and disrupt the petitioners exercise of their rights? If you do, then you don’t know very much about City politics. We’re spared the argument, however. The Council doesn’t raise a hand in that direction. Not even a glance. What they did at the last meeting was invoke another document, The Brown Act, intended to extend the right of the people to speak, but used in that instance to delay and thwart granting that right to the occupiers of Cesar Chavez Park under the guise that more time was needed to formally place the matter on the city’s agenda, required by the Brown Act to insure the people receive advance notice of planned government actions. How ironic to see laws intended to promote and protect the people’s right to participate in government being employed to deny them that right.
It didn’t really matter, however, because the Council didn’t really need the Brown act to insure their action at this second meeting would be lawful and proper. They had no intention of taking any action on the matter of relieving the occupation from the impediment to exercise its constitutional rights. As far as the city was concerned, in Sacramento the Constitution of the United States is to be put to bed promptly at 11pm.
What they knew and did instead of either an informal cessation of the violence being done to our Constitutional rights, or a formal action to permit overnight presence of the peace assembly and petition, was to attempt to co-opt and define the nature of that assembly and insert themselves into the process and draft of that petition. However, the next act of the City Council’s Dog&Pony show would have to wait for a little while. First, there were forty ordinary Americans that had a right to speak before the Council, under the Brown Act provisions. That was a delay the city could neither prevent nor set aside. The speeches between the opening presentations by the Chief of police and City Attorney, and the Council’s own deliberations were required. That much table space was reserved to the people by law, and there were enough cameras present to insure that the Council complied. The City could fetter it some. They could limit the first twenty speakers to 2-minutes each; and the next twenty to 1-minute each; they could mute applause and permit only ‘jazz-hand’ approval from the audience. Beyond that, the people would have their say, and say they did.
For the next hour, the people spoke as I had never heard them speak before any public body. They were ordinary Americans handling the reins of democracy as our Founders intended when they wrote the First Amendment. They were lawyers and engineers and students and housewives, business owners and the unemployed. They were old and young and middle-aged. They were sick and well, better off and poor. And they had all come to instruct their government to obey the will of the people and lift the source of their immediate anger so that they might exercise their rights to assemble and be heard.
From the first speech to the last, a remarkable display of democracy happened. There was no fawning this time. There was no wasted time telling the Council how excellent it was, nor attempts to include them as comrades in the people’s grievances. Something very surprising had happened in the space of one short week, between a meeting of beggars, pleading with their government to recognize and heed its citizens and of this meeting, demanding that their elected officials pay attention and comply with the will of the people.
Later, one council member would weakly reply that she didn’t agree with the people and had a “right to speak” just as they did. But Angelique Ashby’s insistence was already unmasked before she uttered those words. What the people had laid before that Council that night, though the council members attempted to wear masks of the people, be a part of the 99%, was that they did not have any such right at all. Not while they are serving as the people’s representatives. That is precisely what separates the speech of representatives in a democracy from the speech of the people. It is the very fact of their office and their oaths to represent the people that denies them their own voice in doing the people’s business. When a public official performs their duties on behalf of those they represent, they do so precisely in agreement to give up their right to speak on behalf of themselves.
The people spoke for nearly an hour. The Council however heard almost none of it. They had their own agenda, and if they were even mentally present at the meeting it was hard to tell when it came time for them to have the floor. Councilman Cohn again began with his rousing attempt to include himself and his colleagues in the 99%, just some more ‘peoples’ in ‘We the People’. “I am one among the 99″ he said – “I’m convinced you are on the right side of history, and I’m there with you”. It was the same speech he made the previous week. Only this time he wasn’t applauded. Nor was he praised as he began to define the issue as a matter of convenience “to work something out to insure you can keep your equipment in the park,” or feign to “want to be clear” about Occupy’s intentions, when what he really wanted was a hook to control their processes.
Except for two speakers* who attempted to make some type of proposals for separate “negotiations” with the Council about resolving logistical details and drafting “resolutions” to define Occupy Sacramento, we can’t find any suggestion at all in any of the other thirty-eight speeches that the abridgment of Constitutional rights, or the stretch of the meaning of a “reasonable time, place and manner” that was overlaid on that right by the courts and a local judge, was reducible to a conversation on storing equipment or making Occupy demands clear to the Council members. As some pointed out, what on earth is reasonable about shutting down a peaceful protest at 11pm, after it has given ample demonstration of its safe and orderly exercise? What of ‘reasonable’ requires the City to close the park and disrupt the assembly itself during the overnight hours? Is there some special event that occurs at midnight? Do the police vehicles turn into pumpkins? Do the quite conversations of small groups of people, or the sleeping bodies of weary occupiers become more threatening at 1am? Or, 2am? What does the ‘reasonable’ application of local ordinances that contravenes the Bill of Rights mean exactly? Certainly it can’t simply mean that such assemblies may only be conducted at the “convenience” of the state? That would make no sense at all when protest itself is to inconvenience the state in its pursuit of the status quo.
Does it then fall to the state to define the meaning of the assembly as well? Because that is exactly what Mr. Cohn proceeded to do, after he had defined the scope of discussion on the right to have an assembly. Apparently having heard almost nothing of what was said to the Council by the citizens, he launched into what appears to have been the result of some private conversations with one member of the occupation to propose “…we take up some kind of resolution.” Make no mistake, the operative term in that phrase was “we”. “I would like to work with you on that,” he said to some Mr. Kranz (sic) in the audience. Now what on earth, and by what authority does Councilman Cohn think is the City’s part of defining the intents and purposes of the occupation in the form of resolutions, or whatever form they may take? What business is that of Mr. Cohen, or anyone else on the Council? Do they think our action is some kind of one of those “public-private partnerships” they are so fond of promoting on behalf of their own 1% friends?
Or, perhaps the City Council entertains the notion that this is just one more facet of the state’s right to define the ‘manner, time and place’ of our assembly; to get down on the ground with us and helps us draft the statements of who we are and what we are doing. I don’t really believe that is what they have in mind, at all, as violent as it may be to the methods and intentions of the movement. Rather, it seems pretty evident that the Council is not so much interested in being included in our movement as it is in trying to suggest that they will favor us in some way by including us in their way of doing things. In short, to co-opt Sacramento Occupy as an unofficial arm of the City Council, that they can then carry some co-authored resolution to President Obama and the Congress (as the Mayor will suggest a little later in the meeting) to get the Federal government to fix the problems of Sacramento. Of course there are national issues that the Occupy movement is proposing; not least the removal of the control of this country by the 1%, and the reigning in and tight leashing of all levels of government and law enforcement that act as its agents.
What is wrong with this picture? Could it be that Sacramento, its public officials, its City Council and, its own 1% is also “The Problem”? Could it be, that before we can even address those national problems we have a little removing&leashing of our own to do, right here in Sacramento? Every move the Council made this night, every word out of its mouth was somehow directed towards making it seem like they were part of the movement in order to deflect any notion that they are, and have been for the past half-century, a core part of the problem for the citizens of this community. Every word they uttered at this meeting was that it was ‘the national economy’, or ‘the country’s wealth distribution’ or that Wall Street was some place ‘back there’ in New York or Washington, D.C. What was not heard was any possibility that it is the back-rooms of our own Council, their defaulting the design of our city to developers and basketball moguls and consultants from Tennessee and any of the other 1% marriage beds they sleep in and do “business as usual” in. What was noticeably absent was a single acknowledgement that perhaps the deplorable failure of our downtown, the emptiness of our treasury, the horrendous persecution of our homeless, the enthusiasm about throwing our scant assets at doubtful sports-palace schemes, the callous disregard for the needs of ordinary citizens and the host of other problems of decline and distress that have beset this region are not merely the corruptions of Washington politics and the Fortune 500 that don’t live here, but of our own 1% and their collaborations with our city government and local police.
Councilwoman Angelique Ashby was busy painting us the picture that it was some “Republicans” and their earmark rules and the issue of her getting federal funds for her levees that made Occupy Sacramento useful to her, as if we are here fulfill her need to turn on the spigot of a thoroughly corrupted government so that it flows in her direction. To this she has the gall to add that the curfew and police are their to “protect our safety”. Ms Angelique has no end to horror stories about the dangers of our occupation. Her grand finale is replete with her reminder that “there was one injury” – a loose dog that bit some police officer. We might also add to her list of wonderful examples of why we need dozens of police in full riot gear standing by to help kick us out of the park her astute observation, when a few people in the audience moaned about her silly examples, that “So you can see everyone’s not peaceful, and that’s my whole point!”. One can only wonder if, among Ms Ashby’s qualifications, channeling Sara Palin and Michelle Bachman were listed in her vitae?
So that’s it, the abridgement of our Constitutional rights as a matter of the City “protecting our safety” (as if being surrounded by phalanx upon pharynx of riot-equipped police made us safer?) and funneling federal funds from a Wall Street operated national government into some local politicians Districts? Nothing, not a single word about how those corrupted politicians might live in our own backyard and pull the levers of our own dysfunctional government.
It was no surprise that our Council doesn’t admit to “Getting it.” when it comes to what Sacramento Occupy is about. Given the amount of deception, disingenuous “identification” with the movement, pretense about concern with “public safety” as they persist in their arrest policies and rights abridgements, and absolute silence on how they have double-dealt the citizens of our community for decades, there is little reason to wonder why they wouldn’t wish to expose themselves.
The surprise was that it only took one week, between Council meetings, for our own citizens of the Occupy movement to “get it.” We’ve tolerated the shredding of democracy in Sacramento for a very long time. But when it came down to it, we proved that we can actually learn democracy pretty quickly, and begin to apply it to the most entrenched opponents of it, no matter how they try to dilute, divide or co-opt what we are doing. They were ordinary Americans, all of them, and they did what ordinary Americans can do when democracy is threatened by the few who have the audacity to think they own it, along with their agents which serve and protect no one but the 1% they work for and themselves.
What we proved on the night of October 18th was that Occupy Sacramento, the 99% of the citizens of this community, are quite capable of defining their own democracy and how they wish to use it, and what it means to remove the controlling 1% and the abusive and corrupted agencies they employ to remain in control. We no longer need our politicians to carry our message. That is what the right to assemble and petition the government for a redress of grievances is about; it is the moment when the people elect to carry their own messages. If the government or the 1% it serves find that uncomfortable or inconvenient, that is no concern of the people. We do not require massive police force to keep us safe among one another. We do not require public officials to “come to the park” to help us define ourselves; nor do we really need to go to them and beg favors for our existence and convenience.
We have proved, in our speeches to the council, in our refusal to be discouraged, in our resolve to right this country and give it back to the people, that democracy is our birthright and rightfully belongs to us, not to a pack of city ordinances, or “fetter” speeches from city attorneys, or even Judges who refuse to hear our petitions, or police that arrest us and dishonor their oaths to defend the Constitution of the United States from all enemies foreign and domestic. Most of all, we have proved, despite the “public face” of our local government and its willingness to do anything to protect the enclaves of its own 1%, that our community is still made up of citizens who take their democracy seriously, who expect their full and unfettered rights under the Constitution and will not sit back and let a very few destroy an irreplaceable, if sometimes difficult, inheritance. On that night, in those chambers, we established that We the People are the rightful stewards of the legacy of our Founders, and it is for us to decide when and how and where we will exercise that stewardship for our own benefit and to the benefit of future generations. We the People may make mistakes, but we also learn fast. One of the things we learned this night was that we must look as much to repairing our own local house and putting that in order before we march off to Congress and the President and demand they put their houses in order as well. It was the job we were given to do in Philadelphia at the birth of this nation, and we are proving every day we occupy Cesar Chavez Park and stand our ground, that we are quite capable of doing it.
* [these were the only two speakers that strayed from simply making their case and introduced separate negotiation and compromise positions into their speeches. One might reasonably ask if they did not also have private conversations with one or more of the Council members before they made their public remarks, but we have no way of knowing that at this time. ]