May Day Protesters Head to Court Requesting Government Open Records to Them

On May 1, 2007 hundreds of students, protesters, and food service workers marched from the Memorial Union on the campus of UC Davis, down Russell Blvd and stopping at the corner of Russell and Anderson/ La Rue. At which point 24 of them broke off from the main group and sat in the middle of the street. These students, workers, organizers, and a UC Davis lecturer were all arrested.

17 of the arrested protesters took DAP (diversion) and have had had their cases dispensed. However, the charges of failure to disperse have remained against seven who are still contesting the charges.

In January, attorneys for the protesters filed what is known as Murgia papers, asking the court to open up all the records of messages and communications between the University of California at Davis, UCD Police Department, Davis Police Department, and the Yolo County District Attorney.

According to a release:

“We believe this case may be part of a larger unconstitutional effort to silence the union and its supporters in this campaign.”

Furthermore:

“Just as the 7 defendants continue to be prosecuted, Sodexho workers and their families continue to suffer from blatant inequality and discrimination in their contracted out jobs. UCD is still the only UC campus or medical center to deny food service workers direct UC employment and Union membership. The UCD administration has said that they will make an announcement in mid-April about their plan for contracted out food service workers.”

Yesterday, the Vanguard sat in on a Murgia hearing. Unfortunately, the court has granted an extension to the end of April. Deputy District Attorney Rob Gorman is handling this case and was nearly a month late filing a response to the Murgia claim. Judge Steven Basha while not happy with either the late filing or the absence of Mr. Gorman agreed to allow it over requests by the defense it be disallowed.

The defense is claiming that these 24 people were being given disparate treatment based on their activities on behalf of the Sodexho workers. That similar protesters who have been arrested in Yolo County have not received the same sort of prosecution. And thus the Yolo County District Attorney’s office is using this prosecution for improper political motivates to stop demonstration and action on behalf of the Sodexho Workers.

The defense, which consists of three lawyers representing different clients, with John Viola out of San Francisco representing five of them, is requesting three categories of records be opened up in this Murgia request.

First, they want to know the policy of law enforcement around crowd control and first amendment issues. Second, they want communications between the university and the prosecutors office on AFSCME and union activities–this would be akin to a public records request. Third, they want police reports that show disparate impact in this case from other cases, by looking at previous police reports where prosecutions did not occur.

Judge Basha has held over this hearing until April 30, 2008. He had shown a number of concerns with the defense claim that will need to be sorted out and address. It appears the biggest concerns are that they show that there has indeed been disparate treatment in the handling of this case over past cases. And second that the defense not make an overly broad and burdensome Murgia request.

Is the District Attorney’s office in fact prosecuting this case more strongly than past incidents? That remains an open question and I agree one that the defense should be compelled to demonstrate at some point, however, as usual I tend to side with transparency and disclosure. Public records laws if they were strengthened could in fact cover most of what they are requesting here. It does not make a lot of sense that they would be denied these basic informational documents.

The Vanguard will continue to follow the legal proceedings as it has the overall case involving the Sodexho workers and their efforts at becoming full university employees.

—Doug Paul Davis reporting

Author

  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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Labor Issues

44 comments

  1. There are several issues here. Firstly, I have no sympathy with the protesters to the extent they broke the law. I am not in favor of civil disobedience. Protesting legally is fine – blocking traffic is not. My son was there the day of the protest, and some students missed buses to get to exams because of the protesters blocking traffic. Some students ended up being late for tests. It is not appropriate to infringe upon other people’s rights because someone feels like it. That is called anarchy, and it is not what a civilized society is all about. What if those same protestors were advocating a cause you didn’t approve of? Would you be as sympathetic?

    During the Viet Nam era, I went through this sort of thing on our college campus. Students demonstrated in the street, stopping traffic and generally disrupting the entire campus. National Guard were called out, and we had to face armed kids in uniform as we went to class. It was not fun – but in fact very scary. Remember Kent State – where students ended up dead because of things getting out of hand? You just should not go there.

    Secondly, I have sympathy for the workers wanting a decent wage. However, the issue is more complex than that. First of all, those jobs should be filled by students in my opinion. Students need the work, and campus jobs should be filled by students first and foremost. Secondly, when you give the Sodexho workers better benefits, who pays for that? Not UCD – the students do, with higher costs of food, which has already happened. Now poor students are paying the price of this mess, not UCD. That was not a desirable outcome. It would have been nice if this thing could have been better thought through, so the costs were not passed onto students, who are extremely cash strapped already.

    Thirdly, those seven demonstrators had the opportunity to get off with a light sentence, but chose not to take it. My question would be why? Because they are truly innocent? I very much doubt it. What they are doing is trying to again bring attention to their cause – but at least this time they are using the system legally (pardon the pun). However, they are taking the risk that the book will be thrown at them if they don’t want to do things the easy way. If the state (and taxpayers) has to be put to the expense of trying them over a minor incident, then so be it. Disobeying the law for the right reasons (the end justifying the means) is no excuse.

    Fourthly, I have no problem with the defense attempting to show disparate treatment. If that is what is going on, then it should be brought to light and dealth with appropriately. I do not like the fact that the DA is dragging its collective feet on this one – if that is the case. But what we don’t know is whether the request for information is overly broad and burdensome. If it is, then it would be understandable if the DA has not been able to comply in a timely fashion.

    Fifthly, I am bothered by the absence of Rick Gore, and the entire matter of DA misconduct being alleged. As long as the DA’s office is under a cloud, there will be rampant mistrust of the DA by the general public. The DA needs to be hyper-cooperative, so there is no appearance of impropriety. I am really looking forward to an investigation into the charges against the DA, to see what comes of it. I found Rick Gore’s Letter to the Editor to the Davis Enterprise less than compelling, but I didn’t think Jeff Reisig’s response to Gore’s original letter very compelling either. Guess we will have to wait and see what happens…

  2. There are several issues here. Firstly, I have no sympathy with the protesters to the extent they broke the law. I am not in favor of civil disobedience. Protesting legally is fine – blocking traffic is not. My son was there the day of the protest, and some students missed buses to get to exams because of the protesters blocking traffic. Some students ended up being late for tests. It is not appropriate to infringe upon other people’s rights because someone feels like it. That is called anarchy, and it is not what a civilized society is all about. What if those same protestors were advocating a cause you didn’t approve of? Would you be as sympathetic?

    During the Viet Nam era, I went through this sort of thing on our college campus. Students demonstrated in the street, stopping traffic and generally disrupting the entire campus. National Guard were called out, and we had to face armed kids in uniform as we went to class. It was not fun – but in fact very scary. Remember Kent State – where students ended up dead because of things getting out of hand? You just should not go there.

    Secondly, I have sympathy for the workers wanting a decent wage. However, the issue is more complex than that. First of all, those jobs should be filled by students in my opinion. Students need the work, and campus jobs should be filled by students first and foremost. Secondly, when you give the Sodexho workers better benefits, who pays for that? Not UCD – the students do, with higher costs of food, which has already happened. Now poor students are paying the price of this mess, not UCD. That was not a desirable outcome. It would have been nice if this thing could have been better thought through, so the costs were not passed onto students, who are extremely cash strapped already.

    Thirdly, those seven demonstrators had the opportunity to get off with a light sentence, but chose not to take it. My question would be why? Because they are truly innocent? I very much doubt it. What they are doing is trying to again bring attention to their cause – but at least this time they are using the system legally (pardon the pun). However, they are taking the risk that the book will be thrown at them if they don’t want to do things the easy way. If the state (and taxpayers) has to be put to the expense of trying them over a minor incident, then so be it. Disobeying the law for the right reasons (the end justifying the means) is no excuse.

    Fourthly, I have no problem with the defense attempting to show disparate treatment. If that is what is going on, then it should be brought to light and dealth with appropriately. I do not like the fact that the DA is dragging its collective feet on this one – if that is the case. But what we don’t know is whether the request for information is overly broad and burdensome. If it is, then it would be understandable if the DA has not been able to comply in a timely fashion.

    Fifthly, I am bothered by the absence of Rick Gore, and the entire matter of DA misconduct being alleged. As long as the DA’s office is under a cloud, there will be rampant mistrust of the DA by the general public. The DA needs to be hyper-cooperative, so there is no appearance of impropriety. I am really looking forward to an investigation into the charges against the DA, to see what comes of it. I found Rick Gore’s Letter to the Editor to the Davis Enterprise less than compelling, but I didn’t think Jeff Reisig’s response to Gore’s original letter very compelling either. Guess we will have to wait and see what happens…

  3. There are several issues here. Firstly, I have no sympathy with the protesters to the extent they broke the law. I am not in favor of civil disobedience. Protesting legally is fine – blocking traffic is not. My son was there the day of the protest, and some students missed buses to get to exams because of the protesters blocking traffic. Some students ended up being late for tests. It is not appropriate to infringe upon other people’s rights because someone feels like it. That is called anarchy, and it is not what a civilized society is all about. What if those same protestors were advocating a cause you didn’t approve of? Would you be as sympathetic?

    During the Viet Nam era, I went through this sort of thing on our college campus. Students demonstrated in the street, stopping traffic and generally disrupting the entire campus. National Guard were called out, and we had to face armed kids in uniform as we went to class. It was not fun – but in fact very scary. Remember Kent State – where students ended up dead because of things getting out of hand? You just should not go there.

    Secondly, I have sympathy for the workers wanting a decent wage. However, the issue is more complex than that. First of all, those jobs should be filled by students in my opinion. Students need the work, and campus jobs should be filled by students first and foremost. Secondly, when you give the Sodexho workers better benefits, who pays for that? Not UCD – the students do, with higher costs of food, which has already happened. Now poor students are paying the price of this mess, not UCD. That was not a desirable outcome. It would have been nice if this thing could have been better thought through, so the costs were not passed onto students, who are extremely cash strapped already.

    Thirdly, those seven demonstrators had the opportunity to get off with a light sentence, but chose not to take it. My question would be why? Because they are truly innocent? I very much doubt it. What they are doing is trying to again bring attention to their cause – but at least this time they are using the system legally (pardon the pun). However, they are taking the risk that the book will be thrown at them if they don’t want to do things the easy way. If the state (and taxpayers) has to be put to the expense of trying them over a minor incident, then so be it. Disobeying the law for the right reasons (the end justifying the means) is no excuse.

    Fourthly, I have no problem with the defense attempting to show disparate treatment. If that is what is going on, then it should be brought to light and dealth with appropriately. I do not like the fact that the DA is dragging its collective feet on this one – if that is the case. But what we don’t know is whether the request for information is overly broad and burdensome. If it is, then it would be understandable if the DA has not been able to comply in a timely fashion.

    Fifthly, I am bothered by the absence of Rick Gore, and the entire matter of DA misconduct being alleged. As long as the DA’s office is under a cloud, there will be rampant mistrust of the DA by the general public. The DA needs to be hyper-cooperative, so there is no appearance of impropriety. I am really looking forward to an investigation into the charges against the DA, to see what comes of it. I found Rick Gore’s Letter to the Editor to the Davis Enterprise less than compelling, but I didn’t think Jeff Reisig’s response to Gore’s original letter very compelling either. Guess we will have to wait and see what happens…

  4. There are several issues here. Firstly, I have no sympathy with the protesters to the extent they broke the law. I am not in favor of civil disobedience. Protesting legally is fine – blocking traffic is not. My son was there the day of the protest, and some students missed buses to get to exams because of the protesters blocking traffic. Some students ended up being late for tests. It is not appropriate to infringe upon other people’s rights because someone feels like it. That is called anarchy, and it is not what a civilized society is all about. What if those same protestors were advocating a cause you didn’t approve of? Would you be as sympathetic?

    During the Viet Nam era, I went through this sort of thing on our college campus. Students demonstrated in the street, stopping traffic and generally disrupting the entire campus. National Guard were called out, and we had to face armed kids in uniform as we went to class. It was not fun – but in fact very scary. Remember Kent State – where students ended up dead because of things getting out of hand? You just should not go there.

    Secondly, I have sympathy for the workers wanting a decent wage. However, the issue is more complex than that. First of all, those jobs should be filled by students in my opinion. Students need the work, and campus jobs should be filled by students first and foremost. Secondly, when you give the Sodexho workers better benefits, who pays for that? Not UCD – the students do, with higher costs of food, which has already happened. Now poor students are paying the price of this mess, not UCD. That was not a desirable outcome. It would have been nice if this thing could have been better thought through, so the costs were not passed onto students, who are extremely cash strapped already.

    Thirdly, those seven demonstrators had the opportunity to get off with a light sentence, but chose not to take it. My question would be why? Because they are truly innocent? I very much doubt it. What they are doing is trying to again bring attention to their cause – but at least this time they are using the system legally (pardon the pun). However, they are taking the risk that the book will be thrown at them if they don’t want to do things the easy way. If the state (and taxpayers) has to be put to the expense of trying them over a minor incident, then so be it. Disobeying the law for the right reasons (the end justifying the means) is no excuse.

    Fourthly, I have no problem with the defense attempting to show disparate treatment. If that is what is going on, then it should be brought to light and dealth with appropriately. I do not like the fact that the DA is dragging its collective feet on this one – if that is the case. But what we don’t know is whether the request for information is overly broad and burdensome. If it is, then it would be understandable if the DA has not been able to comply in a timely fashion.

    Fifthly, I am bothered by the absence of Rick Gore, and the entire matter of DA misconduct being alleged. As long as the DA’s office is under a cloud, there will be rampant mistrust of the DA by the general public. The DA needs to be hyper-cooperative, so there is no appearance of impropriety. I am really looking forward to an investigation into the charges against the DA, to see what comes of it. I found Rick Gore’s Letter to the Editor to the Davis Enterprise less than compelling, but I didn’t think Jeff Reisig’s response to Gore’s original letter very compelling either. Guess we will have to wait and see what happens…

  5. Good radio show last night DPD. Tried to call in, but could not get through. Wanted to ask if you can look into the possibility of the DA’s office getting grant money for the gang injunction. Sure would like to know if that is the case…if yes, it sure puts a different light on things!

  6. Good radio show last night DPD. Tried to call in, but could not get through. Wanted to ask if you can look into the possibility of the DA’s office getting grant money for the gang injunction. Sure would like to know if that is the case…if yes, it sure puts a different light on things!

  7. Good radio show last night DPD. Tried to call in, but could not get through. Wanted to ask if you can look into the possibility of the DA’s office getting grant money for the gang injunction. Sure would like to know if that is the case…if yes, it sure puts a different light on things!

  8. Good radio show last night DPD. Tried to call in, but could not get through. Wanted to ask if you can look into the possibility of the DA’s office getting grant money for the gang injunction. Sure would like to know if that is the case…if yes, it sure puts a different light on things!

  9. Actually, I was impressed that the demonstration stopped traffic. Too many demonstrations in Davis have people carefully walking on the sidewalk and waiting at the crosswalk for the walk light. What kind of demonstration is that?????!!! You have to disrupt things a little bit to get people to pay attention.

  10. Actually, I was impressed that the demonstration stopped traffic. Too many demonstrations in Davis have people carefully walking on the sidewalk and waiting at the crosswalk for the walk light. What kind of demonstration is that?????!!! You have to disrupt things a little bit to get people to pay attention.

  11. Actually, I was impressed that the demonstration stopped traffic. Too many demonstrations in Davis have people carefully walking on the sidewalk and waiting at the crosswalk for the walk light. What kind of demonstration is that?????!!! You have to disrupt things a little bit to get people to pay attention.

  12. Actually, I was impressed that the demonstration stopped traffic. Too many demonstrations in Davis have people carefully walking on the sidewalk and waiting at the crosswalk for the walk light. What kind of demonstration is that?????!!! You have to disrupt things a little bit to get people to pay attention.

  13. But, but…these people set out to get arrested. They knew they were getting arrested. They practically set it up as a date with the PD, far as I can tell. It’s a little rich to get yourself arrested on purpose then complain about being prosecuted.

  14. But, but…these people set out to get arrested. They knew they were getting arrested. They practically set it up as a date with the PD, far as I can tell. It’s a little rich to get yourself arrested on purpose then complain about being prosecuted.

  15. But, but…these people set out to get arrested. They knew they were getting arrested. They practically set it up as a date with the PD, far as I can tell. It’s a little rich to get yourself arrested on purpose then complain about being prosecuted.

  16. But, but…these people set out to get arrested. They knew they were getting arrested. They practically set it up as a date with the PD, far as I can tell. It’s a little rich to get yourself arrested on purpose then complain about being prosecuted.

  17. They work for sodexho and block traffic to get the attention of the public. They want more of the public’s money just like all the others feeding at the trough? They got the attention of the public and it is not good. Too bad they did’nt get run over.
    They should all get a fair trial and then be summarily……….

  18. They work for sodexho and block traffic to get the attention of the public. They want more of the public’s money just like all the others feeding at the trough? They got the attention of the public and it is not good. Too bad they did’nt get run over.
    They should all get a fair trial and then be summarily……….

  19. They work for sodexho and block traffic to get the attention of the public. They want more of the public’s money just like all the others feeding at the trough? They got the attention of the public and it is not good. Too bad they did’nt get run over.
    They should all get a fair trial and then be summarily……….

  20. They work for sodexho and block traffic to get the attention of the public. They want more of the public’s money just like all the others feeding at the trough? They got the attention of the public and it is not good. Too bad they did’nt get run over.
    They should all get a fair trial and then be summarily……….

  21. They wanted to be arrested. This entire event was staged so they would be arrested. They wanted to generate the type of media coverage you have so generously and slavishly given them. They wanted the world to know that the situation was so serious that they were willing to risk arrest. But when the cameras were gone and the microphones put away, they wanted to simply say: “Never mind” and walk away unscathed.

    The poster at 11;39 gets it. These are largely student jobs. This is nothing more than a labor union trying to get another stranglehold on a public institution and when they do what will happen? The student employees will be gone. Gone so the union can have more members. Congratulations.

  22. They wanted to be arrested. This entire event was staged so they would be arrested. They wanted to generate the type of media coverage you have so generously and slavishly given them. They wanted the world to know that the situation was so serious that they were willing to risk arrest. But when the cameras were gone and the microphones put away, they wanted to simply say: “Never mind” and walk away unscathed.

    The poster at 11;39 gets it. These are largely student jobs. This is nothing more than a labor union trying to get another stranglehold on a public institution and when they do what will happen? The student employees will be gone. Gone so the union can have more members. Congratulations.

  23. They wanted to be arrested. This entire event was staged so they would be arrested. They wanted to generate the type of media coverage you have so generously and slavishly given them. They wanted the world to know that the situation was so serious that they were willing to risk arrest. But when the cameras were gone and the microphones put away, they wanted to simply say: “Never mind” and walk away unscathed.

    The poster at 11;39 gets it. These are largely student jobs. This is nothing more than a labor union trying to get another stranglehold on a public institution and when they do what will happen? The student employees will be gone. Gone so the union can have more members. Congratulations.

  24. They wanted to be arrested. This entire event was staged so they would be arrested. They wanted to generate the type of media coverage you have so generously and slavishly given them. They wanted the world to know that the situation was so serious that they were willing to risk arrest. But when the cameras were gone and the microphones put away, they wanted to simply say: “Never mind” and walk away unscathed.

    The poster at 11;39 gets it. These are largely student jobs. This is nothing more than a labor union trying to get another stranglehold on a public institution and when they do what will happen? The student employees will be gone. Gone so the union can have more members. Congratulations.

  25. To the Anon that was impressed that the demo stopped traffic:

    What if someone that had a life or death emergency was stopped in traffic by the demonstrators? Not only will they have a permanent arrest record, which looks good on the Employment App. where it asks,”Have you ever been arrested”?
    They could also be charged with Involuntary Manslaughter if someone dies after not being able to get to the hospital in time. I urge you to THINK before you encourage this group of you know whats to engage in this kind of behavior.

  26. To the Anon that was impressed that the demo stopped traffic:

    What if someone that had a life or death emergency was stopped in traffic by the demonstrators? Not only will they have a permanent arrest record, which looks good on the Employment App. where it asks,”Have you ever been arrested”?
    They could also be charged with Involuntary Manslaughter if someone dies after not being able to get to the hospital in time. I urge you to THINK before you encourage this group of you know whats to engage in this kind of behavior.

  27. To the Anon that was impressed that the demo stopped traffic:

    What if someone that had a life or death emergency was stopped in traffic by the demonstrators? Not only will they have a permanent arrest record, which looks good on the Employment App. where it asks,”Have you ever been arrested”?
    They could also be charged with Involuntary Manslaughter if someone dies after not being able to get to the hospital in time. I urge you to THINK before you encourage this group of you know whats to engage in this kind of behavior.

  28. To the Anon that was impressed that the demo stopped traffic:

    What if someone that had a life or death emergency was stopped in traffic by the demonstrators? Not only will they have a permanent arrest record, which looks good on the Employment App. where it asks,”Have you ever been arrested”?
    They could also be charged with Involuntary Manslaughter if someone dies after not being able to get to the hospital in time. I urge you to THINK before you encourage this group of you know whats to engage in this kind of behavior.

  29. “You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.”

    “You may well ask: “Why direct action? Why sit ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.”
    -Dr MLK’s Letter from Birmingham Jail

  30. “You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.”

    “You may well ask: “Why direct action? Why sit ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.”
    -Dr MLK’s Letter from Birmingham Jail

  31. “You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.”

    “You may well ask: “Why direct action? Why sit ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.”
    -Dr MLK’s Letter from Birmingham Jail

  32. “You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city’s white power structure left the Negro community with no alternative.”

    “You may well ask: “Why direct action? Why sit ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. The purpose of our direct action program is to create a situation so crisis packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.”
    -Dr MLK’s Letter from Birmingham Jail

  33. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  34. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  35. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  36. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  37. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  38. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  39. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

  40. Who is the DA in Yolo? Western Hero or a Poor Bugger

    It is good to know that this page exists. I ask me which kind of democrats we are that nobody around the world believe in us when we claim we have the mission to spread democracy to other part of the World. Are we truly democrats? I have a very big doubt about it, locally and nationally. I read article about DA and Police and also read reports written by many students. Also I am informed and speaking of facts. The DA’s name is Jeff Reisig, whose family came originally from Germany and they are Jews which is not a reason to doubt about his character and he is certainly not motivated by his religion to act so. He belongs to republican hard liners and has ambition to get a political office. What bothers me is that a DA in relative small county tries to undermine the right of the people and enforce the injunction, which restricts the right of assemble , a constitutional fundamental right and other outlaw actions I am mentioning below.
    Today situation in this country is so that every jongleurs and people with political connections can ride of public offices. People like the DA, who even was tricked his election (he rented a garage in Davis in order to feign the residency in Yolo county).
    There are some corrupted judges in Yolo county, who support him. Don’t forgott that most judges in Yolo county served and worked for corporations and big business (70% of them). Most working people with a social weak background get the highest possible punishments. A reintegration into society purposely avoided and most of them get back to jails, because they loose the jobs. The judges convict them in most banal cases in order to enable the companies to build more jails. Else, which propose should have this. We want revenge or justice? We need reintegration or disintegration? Nationally seen United States has more prisoners than china with its 1.3 Billion population. There is no reintegration and rehabilitation programs. Locally, the prisoners in Yolo county are dressed with Nazis concentration camp uniform, same color and same style. Other shameful Misery is that the juridical and executive, which belong separated in Democracy is hollowed: Reisig stigmatizes “Criminals” as Terrorist, which means that every criminal is a terrorist. We know all what expect a terrorist: Using a political words reveals the intention of user, namely that Justice system here is a part of political system and all “outlawed” persons deserved the capital punishment, like the Nazis did against the people. Because of that undifferentiated usage of terminology We don’t know as a consequence who is terrorist, it means politically motivated person who threats the political order and who is a common criminal. We know from history of Third Reich that such persons like Reisig who claimed to bring order and brand marked people as terrorists belonged to the worse and inhuman kind of jurists. They committed self to crime who had no “shy” to kill thousands and millions of people
    That he is not clean and commits crime show two cases in which he blackmailed two residents of Davis. This is evidence and not accusation. The two witnesses are pushed to withdraw their already written statements.
    Why we should remain silence as citizen and taxpayer. Nobody around the world has currently any respect for Americans. Not because the Americans are bad people, no because we do nothing against injustice in our home and expecting from other people to respect law and be just. We allow such people by our silence to threat us like animals.
    What differ us today from those who live under fascism? Tax payer, Herald Smith

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