Occupy Wall Street

In the heartland, the occupation of the near poor

From Texas to Kentucky, the service economy doesn't serve up a future VIDEO

Occupy Charleston, WV

AUSTIN, Texas — Under a photovoltaic glass trellis, on the terraced steps of Austin’s modernist City Hall, dozens of occupiers sprawl amid sleeping bags and sleeping dogs. A few people tap on computers while others nestled in bedding sit up, looking as if they are slowly sloughing off a hangover. It’s about 4 in the afternoon.

Trying to escape the pungence of fermenting compost, I gingerly climb the steps, scooting around one young woman with a brown sweater knotted around her waist and blue jeans around her ankles. A few feet away, a wiry guy in a flower-print sundress with body hair spilling out like Borat in a mankini strums a guitar.

At a table that passes for the kitchen on the plaza below a hefty man with a bandanna hanging off his chin eagerly offers mashed beans and vegetables on bread to passersby. A dozen homeless youth pass around a bowl as three impassive cops hang on the edge of the occupation. Two older women waltz to music only they can hear and a shirtless man grabs his shorts with one hand and a protest sign with the other as he chases a death-defying dog across four lanes of traffic.

When I describe the scene to Michelle Millette, an organizer with Occupy Austin, she laughs and in a rising voice says, “Keep Austin weird!” She explains that the encampment, which is mostly street people, stems from the fact that “Austin has a huge homeless population. A lot of the people are there because they say, ‘This is the only place I can legally sleep because I’ve been chased out of everyplace else.’” Plus, Millette adds, because the city has banned tents, “it looks like a hobo camp to people walking by. Many people are afraid to leave their stuff because it’s just lying out there.”

The homeless population may also be the city’s stealth tactic to undermine the occupation. On the night of Oct. 29, Austin police swept 37 occupiers off to jail under the pretext that they were in violation of new food distribution rules imposed the day before. Millette says they were given criminal trespass warnings that have prevented arrestees from returning to the City Hall plaza until the charges are dismissed. She says, “This created a rift between people who were allowed on city hall and those who were exiled from City Hall.” Since then, “We’ve been figuring out solutions to these issues and coming together.”

Canned quirkiness

As for “keep Austin weird,” she says it’s the slogan of local businesses that are trading off the “canned quirkiness” of Gen X slackers, Gen Y hipsters, everything imaginable on a taco, and indie music that have made this city of 790,000 famous.

Throughout the South, as in much of the country, many local economies subsist on marketing their version of canned quirkiness to tourists: In Lexington, Ky., it’s horses; in Nashville it’s country western music; in New Orleans it’s public bacchanalia.

Mayor Lee Leffingwell touts Austin as “the creative capital of the world.” Some experts claim such “creative cities” are the natural evolution of the post-industrial economy. But the notion that we can all be successful artists, code writers, Web designers, performers, writers, musicians or restaurateurs is unrealizable because creative cities need hordes of tourists to consume their products. What’s mostly left for everyone who does not belong to the creative class are low-wage jobs, often monotonous and unstable, in the service sector.

In every city we’ve been to, people say the lack of well-paid jobs, or any jobs at all, piqued their interest in joining the occupation. The service-sector economy is the flip side of the Wall Street economy, which only seems to excel at making weapons of mass destruction, whether bombs or collateralized debt obligations.

Trying to build a solid economic future on tourism is a losing proposition. Bureau of Labor data finds that a few service-sector occupations paying $8 to $11 an hour on average – cooks and food preparers, waiters and waitresses, janitors and maids, cashiers and retail salespeople – employ more than 17 million people in the United States. This outstrips the 13 million employed in all construction, extraction and production industries.

“America doesn’t make anything anymore” is the bitter summation of many occupiers when they talk about what’s wrong with this country. The United States doesn’t make appliances or shoes or jeans or robots or cosmetics or furniture or computers or ships or solar panels or you name it. Following decades of offshoring, only 9 percent of Americans are employed in manufacturing; before World War II it was 30 percent.

What’s left is an economy that moves goods, vehicles and people around a huge country; services of cheap food, gas and lodging; and a workforce barely scraping by. The result is 25 million Americans looking for full-time employment and 100 million Americans living in poverty or “near poverty.” In other words, the heart of the 99 percent.

Austin’s city limits

Austin, for example, is known as “the Live Music Capital of the World” with more than 200 live music venues, 1,900 bands and performers as well as the “Austin City Limits” television program, and the South by Southwest Music Festival. The growing leisure and hospitality industry is one of the city’s largest sectors, employing around 90,000 people. Its lodging and food sales are about twice as high as those of the rest of Texas.

Millette says while “there is a lot of nightlife [in Austin]. There are very few well-paid jobs in that sector, so a living wage is a big issue for us. A lot of people work two, three or four jobs.” She says that in response Occupy Austin has organized “marches with labor around lost jobs,” such as in the tech and public sectors, and to agitate for a living wage, which mainly affects Austinites in the service sector.

Though, Millette adds, the issue is not so much with local businesses that “are all about being progressive so they want to provide a living wage.” The problem is with “huge corporations that post huge profits but don’t pay a living wage. The money goes out of the community.”

Austin’s hospitality industry has the fastest job growth of any sector, having added 4,500 jobs in the last year, but Millette says “not everyone is going to get a job even if they play by the books.” An article in the Statesman describes the glut of job applicants. Austin’s Gatti’s Pizza opened a new eatery and received more than 200 applicants for 25 positions while Emo’s, a live-music venue, says it gets 50 to 100 job inquiries a week.

For the homeless camped out in City Hall plaza, their prospects are dismal. “A lot of people have fallen into homelessness and can’t scratch their way back up,” says Millette. Many have tried to “clean themselves up and get a job,” but because homeless people don’t have an address and often lack a phone and email they can’t even apply for jobs.

Yet it’s difficult to see how jobs tending bar or making tacos, which, with luck, might pay $15 an hour but still lack stability and real benefits, is going to provide a model for development. Like the rest of America, Austin is becoming a city deeply divided by race and class. Or as Austin’s city demographer puts it: “socio-economic spatial segregation has steeply increased.” The western part of the Austin region is white, wealthy and Republican. The city core is mostly white, Democratic and wealthy, while the outlying eastern regions are poor, Democratic and Latino.

It is Austin’s quirkiness that has accelerated the gentrification model of development tourist dollars and rising housing costs that push the poor and brown to the margins, many of whom were present at the occupation.

In Kentucky, “a playground for the rich”

In Bourbon County, just north of Lexington, the rolling lands sprout wealth. We dip and twist on narrow country roads bounded by elegant horse farms. We’re on our way to have lunch with C.E. Morgan, a native of the region and author of the award-winning ”All the Living.” She’s working on her second novel, set in Kentucky’s horse country, and over catfish po’ boys and pulled pork on the back porch of Windy Corner Market we talk about all things equine.

It is difficult to exhaust superlatives when describing Lexington, “Horse Capital of the World.” Top colts can sell for more than $10 million, well over $1 billion worth of horses are auctioned a year, the industry adds $3.5 billion a year to the state economy, and employs 96,000 people as well as being a vital part of Kentucky’s $8.8 billion tourism sector. Some of the most lavish farms are owned by royalty, such as Dubai’s ruler Sheikh bin Rashid Al-Maktoum, who dropped $60 million at one yearling auction in 2006 to populate his 4,000 acres of Kentucky bluegrass.

Morgan says “you can grow a strong horse” in Fayette County, which surrounds Lexington. “This is some of the best agricultural land in the country. The fertility of the inner bluegrass can be attributed to limestone composed of just calcium carbonate and phosphate. Bone builders. Add to that the karst landscape full of sinks, streams and springs and you have the perfect recipe for horse farms.”

The rolls and folds of the inner bluegrass are partitioned by winding white-washed fences, which Morgan explains signifies wealth because they are harder to upkeep than black fences. Sprawling manors are tucked away from the road and sublime thoroughbreds nibble at the grass. But the idyllic landscape hides an ugly “back stretch,” the area behind the racetrack where abusive conditions are the norm. It’s one of the deadliest sports for horse and animal alike, with 24 jockeys having died during races in the 1970s alone. Morgan describes frequent drug abuse and deaths as jockeys struggle to make weight of 112 pounds.

One study calls the language of the back stretch as Spanish. Since the 1970s, undocumented migrants, mainly from Mexico and Guatemala, have replaced African-Americans as groomers, stable hands, “hot walkers” and exercise riders that are “unregulated … and characterized by informality.” Not surprisingly, wages are under $300 a week for some positions, “their jobs are dangerous, and very few have access to health care because they lack insurance or cannot afford treatment.”

While at Occupy Lexington, locals decried taxpayer subsidies for “the Sport of Kings,” costing the state more than $220 million in revenue from horse sales alone in the last decade. However, the subsidies do preserve the picturesque lands. Near Lexington pockets of McMansions dot the countryside. Morgan says developers used to scoop up horse farms to build residential homes, but this has been mostly halted by zoning laws that maintain large plots unaffordable by the middle class.

Morgan says, “The extraordinary beauty of the region has been preserved by land management choices that effectively restrict the area to the wealthy, who own the horse farms. As a result, the delicate ecology is preserved, but 70 percent of Fayette County is a rich man’s playground. There is almost no public use of that land.”

Unlike Austin’s entertainment economy, Lexington’s horse industry is staggering from the economic crisis. Racing purses are shrinking, sales are dropping and the number of horse farms for sale is rising. All of this ripples outward with the usual decline in jobs, wages and state tax revenues.

Occupy Lexington is trying to address these economic concerns through the “Invest in Kentucky” campaign, which is the brainchild of Ian Epperson, founder and director of the Lexington Sustainability Fund, which helps low-income families cut down on home energy bills. Standing in front of Lexington’s sliver of an occupation on a downtown sidewalk adjacent to a Chase bank branch, Epperson says he initiated the campaign to push government officials to “move Kentucky’s [public funds] of $12- to $15 billion into a financial institution that’s headquartered in Kentucky.”

A few months ago Kentucky transferred its general funds to JPMorgan Chase. Invest in Kentucky blasts Chase for a “disgraceful record” that includes wrongly foreclosing on active service members’ homes; issuing $33 billion in deceptively marketed mortgage-backed securities; “paying extravagant bonuses to top executives” after the bank was bailed out; and originating $30 billion “in subprime loans in the lead-up to the financial collapse.”

Epperson argues that transferring the money to a bank headquartered in Kentucky will create well-paying jobs in the financial sector and stimulate economic activity by making loans available to “entrepreneurs and small businesses, allowing people to build homes, creating demand in the construction industry, which has been hit hard in the recession.”

Supporting the local economy has won support from many backers of Occupy Lexington as well as nearby Occupy Louisville, which has endorsed the Invest in Kentucky campaign. Michelle Millette notes Occupy Austin has a similar focus: “A lot of people are talking about keeping money locally and shopping locally.”

There are limits to voting with one’s dollars, however, when 400 individual Americans have more wealth than the bottom 60 percent of the population – 180 million people – combined. Try outspending Bill Gates who has $59 billion or Charles and David Koch’s combined $50 billion. But at least occupiers are trying to identify paths out of the economic crisis.

Kentucky’s horse-racing industry is going the other way, betting that casinos will solve its woes, as many other state horse-racing industries are already attempting. It is part of a more disturbing trend.

Predatory capitalism follows the failed service economy. Across America there appears to be a direct relation between the casino economy and poverty. Depressed economies from Detroit and upstate New York to Mississippi and Washington have turned to some form of state-sanctioned gambling, which now exists in 41 states. It’s no accident that as inequality began widening in the 1970s, states turned first to lotteries and then to video poker, gaming rooms and full-fledged casinos in the following years.

The numerous gambling ecosystems we have passed attract kindred species: pawn shops, check cashing and payday advance outfits, liquor stores, strip clubs and giant billboards for ambulance-chasing lawyers. Personal vices are one thing; to turn them into a source of profit and government revenue is another. It means preying on millions of addicts and the desperation of the indigent.

And it means increasing the type of desperation and deprivation exposed by occupations across the country. The Occupy movement has served a valuable function by gathering together the poor and those on the edge to show how poverty results from corporate-created government policies that enrich the wealthy at the expense of the rest of society. Given the still-deteriorating economy and reverse-Robin Hood policies, however, it appears the ranks of poor and near poor will only increase.

Arun Gupta, a New York writer and co-founder of Occupy the Wall Street Journal, covers the Occupy movement for Salon.

First NATO protest targets Obama

A small rally kicks off a week of protests in Chicago and makes clear the president is a target in his city

Rahm Emanuel and President Obama (Credit: Reuters/John Gress)

In the first week of November 2008, tens of thousands of people gathered in Chicago to watch dewy-eyed as Barack Obama won the presidential election, believing, as the then-president-elect said in his victory speech, that “this time must be different.” This week, the Windy City is welcoming large crowds again — but as was made clear by a small protest action Monday — the president is not the sweetheart of these Chicago masses, which are assembling for a week of actions and protests surrounding the NATO summit.

Eight people were arrested Monday during a protest at Obama’s 2012 campaign headquarters. The rally, organized by social justice and anti-war group Catholic Workers, was the first organized demonstration — and the first instance of arrests — relating to the NATO counter-protests. It was small (just over two dozen participants assailed security and stormed the campaign headquarters and read a statement inside) but set a tone for actions later this week in asserting that the president and Democratic Party are protest targets alongside NATO generals and corporations like Boeing, who receive large government defense contracts.

For months the question has hovered over Occupy supporters, many of whom are attending NATO protests, partly organized by Occupy Chicago, from across the country: How many of them will manifest as Democratic voters come November? Will the energy that has brought hundreds of thousands into streets and parks across the country over the past half year be co-opted by the party machine? Of course, the small Catholic Workers demonstration is no indication either way. It will be interesting to watch, however, as the week of permitted and unpermitted protest actions continue in the city Obama calls home, the ways in which Mayor Rahm Emanuel and the president are willing to crack down on the dissenting crowds whose support they will ask for in November.

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Occupy: A Tea Party for the left?

The Mississippi Freedom Democratic Party didn't succeed by electing candidates. Occupy doesn't need to either

An Occupy Wall Street demonstrator chants during a march to celebrate the protest's sixth month, Saturday, March 17, 2012, in New York. (AP Photo/John Minchillo) (Credit: AP)
This article originally appeared on AlterNet.

As long as there has been a thing called Occupy Wall Street, there have been people who’ve suggested it should become the left’s version of the Tea Party. Josh Harkinson’s piece is a notable contribution to the conversation because it comes after eight months of in-depth reporting on the movement. Harkinson, like Jennifer Granholm, suggests that Occupy should recruit and run candidates, so the left has champions in Congress and can credibly threaten less ideologically aligned Democrats. According to this logic, it doesn’t matter if Occupy does this itself or essentially outsources the job to our progressive allies — the point is to find ways to elect more good Democrats.

AlterNetThe idea of a progressive Tea Party was totally my jam before Occupy started. Like Harkinson, I didn’t see how the left could create real change in America without taking control of the Democratic Party. Now I think it’s important to recognize that the problems we face as a country can’t be solved by electing more Democrats, or even by electing more good Democrats. A progressive Tea Party would be a welcome addition, but it wouldn’t be nearly enough to create the kind of change we need.

If Occupy tried to start a left Tea Party, we would be following in the footsteps of several progressive movement efforts that came up short. Howard Dean’s presidential campaign turned into Democracy for America to reclaim the “Democratic wing of the Democratic Party,” the Progressive Change Campaign Committee explicitly references the DCCC, andRebuild the Dream originally billed itself as the progressive Tea Party. I have worked for each of these organizations and have lots of respect for their work. But unfortunately, none of these projects, despite their many successes, have managed to mount a serious national effort to take out bad Democrats and replace them with good ones. They are constrained by the lack of a grassroots base in many congressional districts and big donors reluctance to fund challenges to Democrats. Even big, collaborative efforts to take out bad Democrats have a relatively poor record (See Sheyman, Ilya; Halter, Bill; or Lamont, Ned).

Occupy is less well suited than the Progressive movement to overcome these challenges. Most occupiers I know aren’t interesting in learning how to raise money, knock on doors, or run campaigns. Starting a progressive Tea Party is a completely legitimate, useful goal — but it’s something for the progressive institutions to take on. New York state and city provide a good model for how this can work harmoniously: the Working Families Party is a unified progressive block within the Democratic party. They support Occupy and we support them on the issues. Together, we won a huge, unexpected victory for the millionaires tax.

Despite the hard work of our progressive allies, the unfortunate reality is that our political system as presently constructed is simply incapable of responding to people’s needs. The election of the most progressive Democratic nominee of the past 30 years and a Democratic super majority in Congress resulted in relatively little change in American political economy, even during a time of massive economic crisis. The tepid response showed our political system was designed to serve the whims of the market, and no politician has the power to do much about it.

My generation doesn’t put all, or even most, of the blame for this state of affairs on President Obama. We don’t hate the player, so much as we hate the game. I believe Democrats are better than Republicans, because Democrats care more about the lives of gays, women, and people of color. I also believe everyone should all vote, because not voting would hurt people that I care about. That being said, we won’t just win by getting new players — we need to change the game. The system is fundamentally incapable of healing itself.

Occupy is hardly alone in believing our political system is in a state of crisis. Congress’ approval is at 9 percent. Many have written that our 18th Century political system has proven itself uniquely incapable of responding to external circumstances, including noted radicals likeJames FallowsEzra Klein and Matt Yglesias. The presidential system is prone to gridlock (and, frankly, falling apart) and our byzantine, bicameral legislative system makes it incredibly difficult for even winning parties to put their agenda into law. The crisis of parliamentary democracy taking place in Europe is happening in America as well.

Occupy grew at such an exponential rate because it spoke to people’s sense that the rules of our society are deeply unfair and the political system couldn’t do anything about it. In the midst of systemic failure, only Occupy was talking about systemic change. Occupy transformed the public debate by naming the problem — inequality of wealth and power — and the cause – the power of Wall Street. More important than our discursive accomplishments, we showed what an independent, citizen-led social movement for equality and democracy could look like in America. I don’t want to argue we’ve yet built that movement, because it’s still very much a work in progress. By giving people the space to connect, Occupy showed that people power is the only force capable of shaking the foundation of our corrupt system.

Only Occupy can provide the space, literally and figuratively, for this conversation. The Occupy movement would derelict of duty if we focused on the electoral at the expense of putting pressure on the system as a whole. The entirety of civic life can not be reduced to a get out the vote campaign. The left needs strategies that take aim at all the ways neo-liberalism breaks down our communities. The inherent conservatism of America government, and the limitations of electoral organizing, means we need inside and an outside strategies.

Occupy has already inspired a new generation of social justice leaders to build an inclusive, radical movement that also speaks to the mainstream. We continue to push institutional groups towards more confrontational forms of resistance, bring new people into the struggle and provide a unifying message. Like the civil rights, women’s rights, environmental movements before us, we can’t afford to ignore the electoral realm, but we also shouldn’t expect to succeed by voting alone. The Mississippi Freedom Democratic Party didn’t succeed by electing candidates — it succeeded showing the limitations of the electoral system. Occupy should aim to do the same.

Max Berger is an organizer with the Occupy movement.

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“Occupy Cop” under attack

Retired Philadelphia Police Capt. Ray Lewis could lose his life insurance for wearing his uniform to a protest

Ray Lewis (Credit: AP/Joseph Kaczmarek)

On Occupy Wall Street’s Nov. 17 Day of Action, the NYPD arrested nearly 250 protesters. Ray Lewis, however, stuck out: the retired Philadelphia Police captain was dressed in uniform. He was holding a sign that on one side encouraged people to watch the Charles Ferguson financial crisis documentary “Inside Job.” On the other: “NYPD Don’t Be Wall Street Mercenaries.”

“You have to get rid of corporate America,” Lewis told occupiers in Zuccotti Park. “You have to get rid of the powers that they have … As long as they have the power they are going to continue to exploit and manipulate the working class.”

The blowback from the police establishment was swift: A Nov. 23 letter from Philadelphia Police Commissioner Charles Ramsey demanded that Lewis “immediately cease and desist wearing, using or otherwise displaying any official Philadelphia Police Department uniform, badges or facsimiles thereof or any official departmental insignia.”

Ramsey soon backed down, citing Lewis’ First Amendment rights. Not so for the politically powerful Fraternal Order of Police Lodge 5, led by president John McNesby, which has continued its campaign against Lewis.

FOP pension director Henry Vannelli has filed a grievance that could prompt Lewis’ expulsion from the FOP, cutting him off from the life insurance and free legal support offered to current and retired officers.

The FOP, which frequently and vociferously defends police accused of excessive force and other misdeeds, must really hate Lewis. As Philadelphia Daily News reporter William Bender put it in a recent story,

It’s usually tough to get kicked out of Philadelphia’s Fraternal Order of Police.

You really have to screw up.

Worse than, say, the cop who allegedly beat his girlfriend with a closed fist and left her a voice mail threatening to ‘stomp your f—ing heart out.’ Or the officer convicted of child endangerment for pointing a loaded Glock at a kid who changed the radio station in his truck at the Police Academy.

Or the cop who allegedly forced a suspect to perform oral sex on him in his police cruiser.

Indeed. The FOP, which did not respond to a request for comment, makes no secret of the fact that its attack on Lewis is an extraordinary one: “It’s quite unusual,” Vannelli told the Daily News. “We had to dig into the books to see what we could do and and couldn’t do … We don’t want that guy around.”

McNesby even continues to insist that Lewis should be arrested, even though Commissioner Ramsey has long since clearly acknowledged that one is not “impersonating a police officer” if they are “not pretending to be a cop.”

“That is so egregious of a thing to say, because what he’s telling all of those officers in Philadelphia is that they should violate the law,” Lewis tells Salon. “There’s enough violation of people’s rights already.”

The same day that Bender’s report was published, the Daily News’ Jason Nark wrote a companion article on an eccentric lawyer and donor to police causes named Jimmy Binns, who, well, likes to dress up like a cop. A lot. It’s even alleged that he once illegally sported a handgun — but was not arrested by Margate, N.J., police because he’s a friend of the police chief. According to the Daily News, that crime carries a mandatory three- to five-year sentence. And Binns has illegally parked his car with an “Official Business” placard from the commissioner’s office lying across the dash, according to Temple University journalism professor George Miller.

Lewis continues to protest. In uniform. Last week he was in Center City Philadelphia, protesting outside police and FOP headquarters. He says that FOP leadership , a major force in city politics, depends on corporate donations to finance its union election campaigns and quarterly magazine.

“The major part of the movement is to hold corporations accountable and to stop them from having so much control over lives and the earth,” he says. “If John McNesby is a receiver of the favors of corporate America, then I’m going to be the number one enemy. Because I’m a tactical warhead.”

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Daniel Denvir is a staff writer at Philadelphia City Paper and a contributing writer for Salon. You can follow him at Twitter @DanielDenvir.

Why protesters curse cops

New stats about the NYPD's racist tactics show why some Occupiers chant "F*** the police."

(Credit: Reuters/Andrew Kelly)

Attitudes toward the police are the source of innumerable disagreements and divisions between those who’ve participated in Occupy-related actions in the past half year. From Oakland, Calif., to New York “Fuck the Police” marches regularly snake through the streets, while in early encampments chants of “We are the 99%, and so are you!” would ring out invitingly to surrounding police officers. (Unsurprisingly, anti-police sentiment increasingly outweighed support for police as more and more Occupy participants felt the jab of billy clubs and the sting of tear gas.)

It’s beyond the purview of these paragraphs to explain the many reasons someone might take to the streets and shout “fuck the police!” However, as a new report from the New York Civil Liberties Union confirms, the consistently racist practices of the NYPD should make fierce anti-police sentiments understandable, even for those who find such an attitude unpalatable.

Using the NYPD’s own statistics, the NYCLU report highlights what they describe as a “two-tiered” policing system, in which black and Latino New Yorkers receive very different treatment from whites. Perhaps the most shocking finding of all: There were more stops of African-American young men in 2011 than there are African-American men living in the city — and nine out of 10 of those stopped had committed no crime.

In nearly half of New York’s 76 police precincts, black and Latino New Yorkers accounted for more than 90 percent of those stopped; in almost all precincts black and Latinos accounted for more than half of stops. Furthermore, frisks, which are only supposed to take place if police suspect someone is carrying a weapon, occurred far more often if the person stopped was black or Latino, even though white people were found more often to be carrying weapons. The report also notes that despite the 600 percent increase in stop-and-frisks under Mayor Bloomberg, the number of guns recovered has not increased proportionately.

“This cannot stand. Real people’s lives are in the balance. Whole generations of boys and girls are growing up afraid of the very people that are supposed to be keeping them safe,” Donna Lieberman, executive director of the NYCLU, told press on Wednesday.

Is it a surprise, then, that in a march of 5,000 predominantly non-white New Yorkers organized to call for justice for the murdered Trayvon Martin, with Occupy support, that chants moved smoothly from “We are Trayvon Martin!” to “Fuck the Police!”? The greater surprise should perhaps be why more people don’t feel angry at the NYPD. Of course, many will continue to disagree with anti-police marches. However, when statistics on policing show what the NYCLU’s Lieberman called “a tale of two cities,” disagreements should only arise over tactics to redress this system; it seems there’s an overwhelming case for fury at the police.

In a statement, NYPD spokesman Paul Browne defended police practices, saying that “stops save lives” and that New York has this year seen a record low for murders. He said that it is “the safest big city in America,” which prompts the question: safe for whom? When vast swaths of New York’s population live in constant fear of being harassed by a well-armed, uniformed gang — and that this fear is largely contingent on a person’s skin color — this strikes me as the sort of safety I have no interest in maintaining.

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Twitter sides with Occupier

In a surprise move, the social media giant steps in to quash a subpoena against an OWS arrestee

Malcolm Harris (inset) and Occupy Wall Street protesters on the Brooklyn Bridge. (Credit: Sam Margevicius/AP/Daryl Lang)

Last month, Occupy Wall Street participant and Brooklyn Bridge arrestee Malcolm Harris was unable to quash a subpoena demanding Twitter hand over information about his account to the authorities. But in a surprise move this week, Twitter has come out batting for its user.

When a New York judge ruled in April that Harris did not have the standing to fight the subpoena (arguing that his tweets actually belonged to Twitter) and that there were no privacy grounds on which the individual user could refute the demand for his Twitter records, this seemed to suggest something worrying: that we have little jurisdiction over our online identities and can’t even fight for our online speech in court.

Harris’ lawyer, Martin Stolar, told me at the time that he planned to file another motion against the judge’s decision — to re-argue that his client indeed has a standing in fighting the order, and there are strong privacy grounds to resisting the authorities obtaining records of someone’s accumulated Twitter activities (including deleted messages) without a warrant. But now it seems Stolar doesn’t need to file this motion; Twitter has stepped in.

Arguing against the judge’s decision, Twitter’s lawyers point out that Harris does indeed have proprietary rights to his tweets — and has a right to challenge demands for his Twitter records. “To hold otherwise imposes a new and overwhelming burden on Twitter to fight for its users’ rights, since the Order deprives its users of the ability to fight for their own rights.” The social media leviathan’s message is clear: We’ll step in this once so that users can fight for themselves in future.

The points put forward in Twitter’s motion align with those put forward by Harris’ lawyer in the first place. If the district attorney wanted to use publicly available Twitter information as evidence in the case against Harris (which, it bears noting, is a mere violation charge for marching onto the Brooklyn Bridge), then it is possible to follow users on Twitter and glean information this way. It is another thing entirely to demand — without a warrant — an entire record of accumulated Twitter activity be handed over. (Stolar helpfully compared it to the fact that we are able to watch what a driver in a car does at any given time in public; the authorities would need a warrant to put a tracking system into the car to monitor the entirety of its activities.)

“To the extent the desired content is publicly available, the District Attorney could presumably have an investigator print or download it without further burdening Twitter or the Court,” Twitter argued.

Harris responded happily to the news: “It’s an unexpected but reassuring move, now it’s up to the prosecutor’s office whether or not to drop the whole charade. Either way, we’re setting a precedent that social media users and activists won’t be bullied by the state,” he told me via email (full disclosure: we’re friends).

His reference to a “charade” seems apt: Here we have an incident of a California-based social media company with over 140 million users having to deploy its legal resources for a New York case that, at base, is over a charge no more criminal than a traffic ticket. By nesting its little blue tweet birds on the side of its users instead of the authorities in this instance, however, Twitter have set an important precedent in defending online speech.

Harris took to Twitter to comment on the social media giant coming to his defense: “So I wasn’t expecting the two blue birds with shaved heads and ARs standing outside my door, but apparently Twitter goes hard,” he quipped.

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

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