Monday, August 27, 2012

Forgotten Issues, Unheard Voices

War on Earth!
Environmental Impact: Atomic Appalachia & 
the Militarized Southeast
 
a stunning presentation of the toxic legacy of militarism on the people and culture of the Southeast U.S., exposing the cumulative impact of the “military industrial complex’s” wasting of the region.
Tuesday, September 4, 2012 - 2 p.m.
 Sky Way Gallery, Spirit Square 345 North College St., Charlotte, NC

In conjunction with 

Forgotten Issues, Unheard Voices 

 Exhibits and presentations on key war/peace issues often overlooked by our political leaders. 
Opening Reception:

Saturday, September 1, 2012, 4:00 pm-6:00pm
Sky Way Gallery, Spirit Square
345 North College St., Charlotte, NC
Chuck Fager, Director of Quaker House
Music and stories by Jacob George

Jacob, a 3-tour paratrooper turned peace activist, is a cofounder of A Ride to the End, an ongoing bicycle protest of the Afghan war that has covered over 7,000 miles in the U.S. Jacob returned to Afghanistan to work with Afghans struggling for peace and has been sharing his stories while continuing this pilgrimage.


Exhibit Hours:  Sept. 2 - 8, 2012
Mon. - Sat. 9 am - 6 pm; Sun. 1- 5 pm

Seminars will be held daily at 2:00 pm
Updates at: www.quakerhouse.org

Quaker House of Fayetteville, North Carolina, is a frontline peace project, near Fort Bragg, supporting the troops by working for peace since 1969
 

Monday, July 30, 2012

Escalating the Resistance in West Va. to Mountain top Removal Coal Mining

Nonviolent Intervention shuts down 
largest surface coal mine in Appalachia. 20 Arrests

Update: 10 still jailed awaiting $25,000 bond each; 10 released with 9 accepting plea: $500 fine and 1 year probation. Next court date Aug. 7.

By Clare Hanrahan

It was a dramatic scene Saturday, July 28, near the now abandoned community of Hagertown in a remote area of Lincoln County in southern West Virginia.  Just after 1 p.m. a fifteen vehicle caravan pulled up at the entrance of Patriot Coal’s Hobet Mine No. 45. Fifty mountain defenders quickly exited the cars, taking by surprise the lone woman worker standing outside the guard shack at one of the largest mountain-top removal coal mining operations in Appalachia.

The nonviolent intervention action was coordinated by the grassroots organization R.A.M.P.S.—Radical Action for Mountain People’s Survival.

As caravan vehicles pulled away, we scrambled into a most desolate scene. Scraped and sterile earth, piles of rocky rubble as far as the eyes could see, and slurries of slate grey slippery mud beneath our feet.

“It’s just horrible. It’s sacrilegious. It’s like the end of the world,” said Professor Steve Norris, a peace studies teacher at Warren Wilson college in Swannanoa, North Carolina.  Miles and miles of rocks and mud are all that remains where ancient mountains and valleys once supported a richly biodiverse ecosphere. “We were in a sacrifice zone,” Norris later said, tearfully recalling the experience.

Confronting the destruction. Photo by Mark Haller
On distant barren high ridges massive machines dumped pulverized mountain rock to fill once lush valleys in an ecological assault recently authorized by Obama’s EPA for the Corridor G mining complex, of which the Hobet mine is a part.  Cloudy contaminated mine drainage water, perhaps displaced from a woodland creek, snaked through piles of rubble devoid of life, seemingly seeking its now-buried stream bed.  Such mining operations contaminate surface water for hundreds of years.

A Google Earth search for Spurlocksville, West Virginia will reveal the scene of destruction, but until one stands in the midst of the devastation, the horror of the massive crime cannot be fully realized.

As we moved further into the dead zone we crossed the paths of coal miners operating the mountain demolishing Caterpillar- made machines. They revved up the motors and blared their horns. Disciplined and determined,  the well-prepared direct action groups dispersed over the acres of devastation.  I and two other colleagues, Steve Norris and Coleman Smith, who traveled from Asheville, North Carolina, accompanied the action groups on site to observe and record.

Photo courtesy of R.A.M.P.S.
As mine site security vehicles alerted to our presence rushed to the scene, ten men and women climbed onto one of the huge mountain destroying rock machines and locked down, some encasing their arms in pipes to hinder their removal. They affixed banners, one declaring: “Restore our Mountains. Reemploy our Miners.”

“Coal companies must employ their surface mine workers in reclaiming all disturbed land to the highest standards,” said R.A.M.P.S. spokesperson Mathew Louis-Rosenberg. “Instead of arguing about the ‘war on coal,’ political leaders should immediately allocate funds to retrain and re-employ laid off miners to secure a healthy future for the families of this region.”

Another banner,  “Coal Leaves, Cancer Stays,” warned of the toxic legacy of this extractive industry for generations to come in the lives and homeland of the workers and their families.

The rock machine operator watched the scene from his high cab as several mine officials arrived in white Cherokee Sport 4x4 vehicles. One filmed with a video camera, while others used radios, presumably  to alert police. Later a truck arrived with wheel chucks to keep the massive machine from rolling forward on the activists who stood nearby. Interactions between these workers and the occupying mountain defenders were civil and calm. “Ya’ll should just turn back,” one worker advised. “Once you’re under arrest you will be moved.”

Noah, Kris & Van at Action Camp. "More Coffee?"
Street Medics, many from The Katuah Medics team were on site, and photographers and reporters were present in addition to trained legal observers. 

Action training: Ryan Halas straddles the line
UNCA student Ryan Halas, serving as a runner took film and video off the scene before police arrived and others waited to serve as police liaisons and to provide on the ground support for locked down mountain defenders.

Several activists standing near the machines held aloft a banner with the simple message:  STOP!  Another group linked arms and stretched themselves across a wide and flat expanse between an earthen wall, where multiple layers of narrow coal seams were visible, and on the other side the rubble of boulders and slurry mud. Meanwhile, young men and women, faces masked by bandanas, began lifting or rolling heavy boulders across the path of coal extraction machines and other official vehicles parked further up the road in the vast wasteland.

Back near the mine entrance, where a small stand of young trees remained, Asheville resident Bryan Garcia, geared up with safety equipment, climbed a tree and released a banner while supporters kept watch at the base of the trunk.

This mine site occupation is a bold example of a nonviolent intervention designed to bring attention to and hasten the end of mountain-top removal coal mining operations.

Mining Operations were shut down for over 3 hours.

Working at full capability, the Hobet 45 mine complex could extract nearly four million tons of thermal coal each year. Much of it is destined for overseas markets. Patriot Coal controls as much as 1.8 billion tons of coal reserves,  and is currently under Chapter 11 bankruptcy procedures with possibility that union contracts and pensions could be jeopardized.


Bryan Garcia up the tree  Photo Mark Haller
The risks of our mere presence on site were uncertain, but the risks of remaining after the police arrived were greater. And the risks of doing nothing in the face of this corporate crime carry the highest risks for all future generations.

 Legal briefings during several days of preparations at the Mountain Mobilization Action Camp had warned of possible consequences. These ranged from a simple cite and release with fine and court costs, to multiple charges including criminal conspiracy, trespass,  obstruction,  and even domestic terrorism. Earlier interventions by R.A.M.P.S. activists had a wide range of consequences including a sixty-day jail sentence and a civil suit from the St. Louis based Patriot Coal enterprise for interrupting their deadly work.

Larry Gibson and others at the rally
Excellent trainings in nonviolent action strategies and cultural sensitivity were offered to participants prior to the Saturday events. The Seeds of PeaceCollective mobile kitchen provided nutritious meals and Asheville activist Coleman Smith of the New South Network of War Resisters provided banner and sign making guidance and materials for the messaging at a  public rally held  Saturday in Kanawha State Forest. That gathering “was swarmed with State Police and protesting miners,” according to reporter C.V. Moore, writing in The Register-Herald.

Back in Hagersville near the Hobet mine site, that same reporter interviewed unemployed miner Allen Hager: “Don’t come from other states and tell us how to work,” he told the reporter. “If the State Police weren’t here, we’d be knocking heads. Get the police out of here and we’ll take care of it.”


The Coal Baron's Enforcers Arrive. Photo Mark Haller
Sometime after 2 p.m. fifteen West Virginia State police and local sheriff vehicles drove up into the mine in a slow moving, single file caravan. The time for decision was at hand.

About thirty persons opted to leave when the police moved in to enforce the mine operators’ trespass complaint. Twenty others remained on site. We practiced slow compliance as we walked back past the incoming line of police vehicles to the mine entrance road. 

Assembled at the un-gated entrance, and kept back by a few West Virginia State Police,  a dozen or so nearby residents and off-duty miners stood ready to defend their jobs and coal-mining way of life.  In these mountain communities that have endured a century of denigration and exploitation, work is scarce and a hard-scrabble existence is a common struggle. Outsiders are suspect even in the best of circumstances in this clannish culture where many wear t-shirts with the simple word COAL in large print to display their deep allegiance.

 As State police cautioned us to “keep moving” we walked through a gauntlet of hostile miners with desperate pleas such as  "If you shut the mines, how will I feed my three children?" and shouts of “Where are you from?” and “Go Home!”  These were interspersed with epithets and threats to “get out” as we made our way through. There were rumors that some miners revving up a chain saw had threatened our friend Bryan who was still holding his place high up in the tree top as we passed.

One young man in our group endured searing invective, with shouts of  “queer” and “fagot” from the locals. He held his head high and with quiet dignity kept walking.  “I grew up in a small town,” he told me as I moved to walk along side him through the gauntlet. “If we were somewhere else, I might have a different reaction,” he said while keeping to the nonviolent discipline as we had all agreed.

Outside the mine site we gathered  on a narrow slope on the side of Mud River road, while locals spread the word throughout nearby households that we were there.  

With the slate-colored mud of a pulverized mountain still clinging to my shoes,  my eyes irritated with gritty dust and the acres and acres of desolation behind us, I  walked closely with others in the afternoon heat.  We soon recognized the need to stay together, remain calm, set a pace that all could meet, and keep mindful of the dangers we were facing.

The roadside vegetation was in high-summer beauty.  Elderberries offered fruit laden umbels as we passed;  butterflies alighted on tall blooming Joe Pye Weed; mullein reached shoulder high with tiny yellow flowers still clinging to the stalks; jewelweed brightened the ditches and Queen Anne’s lace graced the fields along with crimson clovers, wild cosmos and magic mugwort. In many places, the road’s soft shoulder gave way, causing some to stumble and sometimes fall, but we kept going.

 With no support vehicles anywhere in sight, we were forced to walk over four hours on the narrow winding Mud River road as local miners and their allies raced up and down, sometimes at very high speeds, in trucks, cars, motorcycles and all-terrain vehicles screaming "Get out. Get out!" 

Steve Norris along the Mud River road in W Va. Photo: Mark Haller
We had no way of knowing when help would come. We were out of phone contact, with minimal water. We were ordered off the land whenever and wherever we stopped for an off the road shady rest. At the Spurlock post office, we found a water spigot and very short respite under a shade tree until the owner arrived accompanied by state police and other vehicles to move us along, albeit in a much more polite manner than others had taken.

Some vehicles slowed down to pace us playing coal miners’ laments loudly from trucks loaded with men, women and young children, some with feet dangling off tailgates.

“Oh, you’re a bunch of wimps. Why don’t you walk faster,” one adolescent shouted. There were various levels of vehemence. Not all were hostile. Two young miners, on foot, walked alongside for a while in earnest conversation with some of the younger women. They talked about the realities of their lives and the desperate need for work.

When a car or truck pulled along side us, or we rounded a curve in the road to see a cluster of men leaning on parked cars or sitting outside a local church parking lot, we could not predict their reaction. Families had quickly mobilized in this tight knit and impoverished mining community. Some locals who slowed their vehicles to match our pace asked good questions:  “How do you expect us to feed our families if you shut down the mine?” and “where will you get the electricity that you use without coal?” But it seemed neither prudent nor safe to engage in these needed conversations along the busy road.

One fellow passed us numerous times speeding by on a motorcycle holding the front wheel almost vertical as he drove alarmingly close to the walkers. Others passed at high speed with horns blaring waving shirts with coal mining slogans and flying the state flag.

“Single file, first grade style,” one driver taunted.  We quickly picked up the refrain as we began to move at a more unified pace, up hill and down, sharing water and encouragement and our growing anxieties about what would become of us in that mountain hollow if we didn’t get out before darkness fell.


About two hours into the walk, video journalist Flux Rostrum of Mobile Broadcast News , who had been filming both at the mine site and the diversionary rally in Kanawha State Park, passed along the road and offered three or four walkers a way out. Later reports showed that police had refused to allow support vehicles back in to pick up walkers, threatening arrest and impoundment of their vehicles if they were found on return to be 'harboring protestors."


At 6:30 p.m. other support vehicles finally made it through to rescue us from the roadside gauntlet. This 63 year old grandmother along with Steve Norris, a great grandfather, were urged to go as the situation was tense. We crowded together with the driver and four others in the compact car. Our driver pulled away as quickly as she could, while an angry resident attempted to block our departure on a dangerous curve.  As we left we were relieved to see a large van arrive to pick up our fellow walkers. That vanload of weary walkers was further delayed another two hours by miners blocking the road, until state police intervened, according to reports on Mobile Broadcast News.


Eva Westheimer under arrest-Photo: Mark Haller
Twenty brave activists, including three from the Asheville area were taken into custody by West Va. State Police. Warren Wilson student Eva Westheimer,  Catherine-Ann MacDougal , and Katuah Earth First! activist Bryan Garcia, are still being held in Western Regional Jail in Barboursville, WV on an astoundingly high $25,000 bail each — a combined $500,000. A steep price to buy back the freedom of these earth warriors.

 “We are here today to demand that the government and coal industry end strip mining, repay their debt to Appalachia, and secure a just transition for this region” said jailed activist Dustin Steele of Matewan, West Virginia. Steele has told jail supporters that he was taken into a room at the jail and beaten after his arrest, and others have alleged they were roughly handled according to R.A.M.P.S. reports.

A bill has been introduced in the U.S. House with primary sponsor Rep. Dennis Kucinich (D-Ohio) titled the Appalachian Communities Health Emergency (ACHE) Act. H.R. 5959 would place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services.

“If we want strip mining to end and restoration work to begin; if we want a post-coal future that is more than devastated landscapes, rampant fracking, and deepening poverty; if we want a healthy and whole Appalachia, we must escalate our resistance,” and the R.A.M.P.S. campaign is showing the way. 
For more information on jail support and updates go to the R.A.M.P.S. Campaign website.

"The harsh repression of nonviolent civil resistance to the crime of mountaintop removal coal mining must be challenged," says Asheville area activist and Warren-Wilson college professor Steve Norris, who hopes to see hundreds of supporters rally outside the jail house in support of the still-jailed mountain defenders.

Photo credits:  Mountain Justice Photos,
Mark Haller
Clare Hanrahan, and R.A.M.P.S.


Sunday, July 15, 2012

War on Earth!
Environmental Impact: Atomic Appalachia & 
the Militarized Southeast
 will be presented by Clare Hanrahan and Coleman Smith at the Sunday, August 19th meeting of the Ethical Society of Asheville, 2:00-3:30 PM, held at the Friends Meeting House, 227 Edgewood Road in North Asheville (off Merrimon Avenue near UNCA).  This visual documentation is a stunning presentation of the toxic legacy of militarism on the people and culture of the Southeast U.S., exposing the cumulative impact of the “military industrial complex’s” wasting of the region.  The presenters contend the military has waged a war on the earth.  Hanrahan and Smith are both organizers with New South Network of War Resisters, having more than 30 years of experience each working on social, economic, peace and environmental  justice issues.  Both are non violent direct action trainers, natives of the South and live in the Asheville area.    

There will be discussion following the presentation.  Following the meeting, there will be time for informal conversation.  All are welcome! 
The New South Network encourages Southeast regional initiatives for Action, Collaboration & Training In Organized Nonviolence (ACTION), connecting with people across issues, organizations and campaigns at work in the Southeast U.S. to end war, racism, sexism, and the exploitation of human, non-human,and natural resources, while working for social, economic, and environmental justice.
The Ethical Society of Asheville is a humanist, educational, philosophical, non-theistic alternative to traditional religions. It is affiliated with the American Ethical Union, which is affiliated with the American Humanist Association and the International Humanist and Ethical Union. Members are inspired by the ideal that the supreme aim of human life is working to create a more humane society. Their commitment is to the worth and dignity of the individual and to treating each human being so as to bring out the best in him or her.


 For more information on the Ethical Society contact:
 ethicalsocietyasheville@gmail.com  or 828-687-7759

Sunday, July 8, 2012

Knowing Nukes: A Chattanooga Summit

Braving the 105 degree heat for a moment of action in downtown Chattanooga moments before police arrived
     As the outside temperature in Chattanooga, Tennessee held steady at 105 degrees, the conversations, networking, and presentations inside at the June 28-30  Know Nukes Ya'll Summit got even hotter. 

More than 100 anti-nuclear activists, primarily from the Southeast, gathered at the University Center of UTC  for 2-1/2 days of  informed discussions, work, play, talk, music, listening, and learning about Nuclear Power, Weapons, and Waste in the South. Organized and sponsored by a wide variety of groups and individuals from grassroots citizen actionistas to national networks, the summit  also drew participants from  Oregon, Wisconsin, Michigan, and Iowa. 

Dave Matos with Joanne Steele,
Dave Matos, a Colombia, SC based organizer with Carolina Peace Resource Center has written a great report of the weekend on the website Nuclear Free Planet. He called the gathering "at once a family reunion, a networking opportunity, a working meeting and an intensive seminar." We agree!

Joanne Steele, guitarist & Tree of Peace storyteller, is an Alabama activist and board member of Nuclear Watch South. She added her music to call us together in song.

Rita Harris of Sierra Club Memphis
Rita Harris, longtime organizer with Sierra Club Memphis' Environmental Justice program, along with Bobbie Paul of Georgia Women's Action for New Directions (WAND),and the Rev. Charles Utley of the Blue Ridge Environmental Defense League chapter in Richmond County, Ga.,  focused on the Cancer clusters found in the African-American community in Shell Bluff, GA near the Vogtle Nuclear Plant during the Environmental Justice discussion group. They were joined by Dr. Yomi Noibi, Director of Atlanta's Environmental Community Action Inc. (ECO-Action). 

Vogtle Action Working Group at Know Nukes Y'all Summit
Highlighting  the weekend were action oriented and movement-building sessions such as the Vogtle Action Working Group, pictured here planning a swarm of activities to educate and focus  public attention on the issues and conduct Nonviolent Direct Actions at the plant.

The Vogtle Nuclear Power Plant in Shell Bluff, Georgia, has received billions in government guaranteed loans (pronounced public subsidy) to bolster the so-called nuclear renaissance. This facility is seen by many in post Fukushima Japan, including Hiroshima survivor Shoji Kihara,  as the most important U.S.nuclear project to halt and turn back nuclear development in Japan. This could redirect precious resources to safer, cleaner, and more economical energy sources.

Despite the deadly serious subjects discussed, a spirit of collaborative action and mutual support prevailed throughout the conference, bridging the usual communications gap between  industry, academic and organizational professionals and volunteer grassroots organizers.


Linda Modica  of Jonesborough, backed by Tennessee's contingent of grassroots anti-nuke activists at the Summit
The Tennessee delegation was strong. The activists we met from the Volunteer state have no intention of allowing the government to continue to poison Tennessee. With its nuclear waste "landfill loophole" that has enabled 6,700 tons of radioactive waste to be dumped annually into municipal landfills, along with its growing nuclear weapons and power industries, Tennessee has increasingly become an international radioactive sacrifice zone. 

Bellefonte Efficiency & Sustainability Team (BEST), and Mothers Against Tennessee River Radiation, both BREDL Chapters, are taking on the Tennessee Valley Authority (TVA) nuclear power program. Others in Tennessee are hard at work too, educating and activating the people. Ralph Hutchinson of Oak Ridge Environmental Peace Alliance presented on the long history of resistance at the Y-12 bomb plant, and Linda Modica spoke about the uranium dangers from DU weapons manufacture in Jonesborough and nuclear fuel processing in Erwin, Tenn.

Don Safer, Chair of the Tennessee Environmental Council, along with Sandy Kurtz, founder of the Tennessee Environmental Education Assn. were two of the more visible Tennessee folks that kept the conference on track and moving forward.
Dave Freeman  the  former TVA board chairman who convinced the TVA board to mothball plans for eight reactors shortly after the 1979 Three Mile Island partial meltdown, called nuclear power "the worst failure in our history."
Don Safer,  (L) and Dave Freeman
Thanks is due to all who had a hand in organizing, promoting and supporting this crucial Southern summit.  
Nuclear Information and Resource Service staff Mary Olson and Diane D'Arrigo provided detailed information and played key support roles along with Glenn Carroll of Nuclear Watch South.  Many, many others had large and small parts to play.  
Diane D'Arrigo and Glenn Carroll


New South Network of War Resisters' presentation, Atomic Appalachia & the S.E. Nuclear Complex: Weapons and Power--A Deadly Alliance"  was well-received.  Look for us on the road throughout the region. Bring us to your event by contacting us by email or call 828.301.6683.


Photos & Story:  Clare Hanrahan & Coleman Smith

Thursday, June 7, 2012

Occupy Asheville Trial: Citizen Journalist Lisa Landis "Not Guilty!"

 
Attorney Ben Scales with a victorious Lisa Landis 



“Homefree" In More Ways Than One!

by Clare Hanrahan

“It was a half a cigarette verdict,” Lisa Landis joked, with a wide grin and obvious relief outside the Buncombe County Courthouse in Asheville, North Carolina.  Landis had earlier been called back to the courtroom less than fifteen minutes after the jury left to deliberate her case. She was on trial for impeding traffic, a misdemeanor with potential for 20 days jail time.  Landis maintained her innocence and contends she was targeted for prosecution because she is a critic of Buncombe County District Attorney Ron Moore, and was well known as a public media producer on the free-speech forum UR-TV.

 “I’ve never seen a not guilty that fast,” said defense attorney Ben Scales. Even the court bailiff was pleased, winking at Landis as she left the courtroom and telling Scales, “I’m glad people are standing up for what they believe in.” Jury members in the elevator and leaving the courthouse were also in high spirits and glad to get out into the cool, bright mountain day. “I’ve still got time to go fishing,” one said.

Landis, a 53 year old homeless grandmother, is “homefree” as she calls her current circumstance.  She hitched rides eight times from Florida to Asheville and back to make her numerous court appearances.  “Flying a sign” is how she characterized her travel. “If I didn’t have faith, I couldn’t make it,” she said of the ordeal. “I was falsely arrested.”

It was a heartening two-day trial despite a surprising lack of supportive presence from among Asheville’s Occupy movement and the more than 150 persons who occupied the streets during the Nov. 2 march and rally for which Lisa faced charges. In addition to court officials and attorneys, only three others were present for the trial.

Landis appealed an April 26, 2012, conviction in the Buncombe County District Court. She had been filming a march and rally on November 2, 2012, in which Occupy Asheville participants took to the streets in solidarity with Occupy Oakland’s Scott Olsen, a two-time Iraq war veteran seriously wounded by a police projectile during an Oakland street demonstration.

Landis, a former producer with the now-dismantled community television station UR-TV had been picked up three days after the Nov. 2 rally on three warrants, charged with Resist, Delay and Obstruct, Impeding the Flow of Traffic and Unlawful Assembly. Prosecutors dropped two of the charges prior to trial. Police testimony in her earlier trial revealed that downtown officers were ordered by supervisors to review surveillance video and pick out individuals they knew.  Eleven persons, including this writer serving as a National Lawyers Guild Legal Observer at the time, were selected for prosecution based on police surveillance video and arrested on warrants.

A humorous moment occurred the first day of trial when Asheville’s familiar flying nun, who accompanies the La Zoom tourist bus, was called for jury duty.  During the jury interview process, he quipped “I might have a problem because I regularly impede traffic.”  (S)he was dismissed from jury duty. Another in the pool, a professed anti-war activist, remained on the jury as did a student videographer.  “I looked at the jury and I knew I had at least one,” the defense attorney said later. The final jury consisted of four women, and eight men, who appeared to range from their mid 20s to mid 50s in age.

Defense Attorney Ben Scales, in what he later revealed was his first ever solo jury trial, has appeared in court numerous times in the past few months to offer pro-bono defense for Occupy Asheville participants.  He characterized his clients as “the real heroes,” but he articulately championed Landis’ case and his closing arguments clearly moved the jury to return the just verdict of not guilty. It was an important victory for civil liberties and the freedom of citizen journalists to cover public dissent without fear of prosecution.
This writer was not present during the first day of trial where, according to Scales, Asheville police sergeant Brown testified that he ordered the streets blocked by police cars “in the interest of public safety,” as the Nov. 2 marchers moved through the streets. Police surveillance video and video by citizen journalist Landis was introduced as evidence, and Occupy Asheville chants, including “Give the police a raise!” once again rang through the courtroom.

On the first day of Landis’ trial, former UR-TV producer Larry Grillo, who arrived at the Buncombe County courthouse at 8:30 a.m. to support Landis was misdirected to the wrong courtroom, then misdirected again to a jury room where he was held until 11:30 a.m.  “I was trying to get to her trial, but I was pushed into a jury room,” he said.  I thought the trial was on the fifth floor, but they told me “There’s nothing going on down there.”  He returned for the final day to witness Landis’ victory in court.

Lisa Landis arrives for trial Buncombe County Superior Court
Asheville Legal Observer Sunny Rawls attended both days, observing from a front pew in the ornate Courtroom No. 5. All but two of the 18 mahogany pews in the magnificent courtroom were vacant.  Tall windows draped with deep green velvet curtains trimmed in gold braid with gold tasseled tiebacks let in the morning light and fluted flat columns gave the walls a stately feel, hung with oil portraits of judges who presided in years past. The ornate ceiling was decorated elaborately and a wide balcony in the rear could accommodate another fifty observers had they realized the first amendment import of this case.
Judge Gary Gavenus presided from a mahogany dais with a large round seal of North Carolina behind him.  His courtroom was a model of due process and his interactions with the prosecution and defense attorneys and his instructions to the jury were detailed and informative, a fine civics lesson for those of us who seldom find ourselves before a judge.  

Assistant District Attorney Steen prosecuted the case, calling the charges against Landis “a simple, straightforward case,” and asked the jury to convict her on the charge of impeding traffic.  “She stood in the street,” he charged. “Traffic could not flow because of her actions.”

Defense Attorney Scales, in his closing argument, emphasized the “willful” element of the charge. “Impeding of traffic must be willful,” he said, citing a case law that he said he had discovered at 6:30 a.m. the day of the trial. “The Defendant must intend to impede traffic….If you find that she did not willfully impede traffic, you must find her not guilty.”  

“Lisa Landis did not want to get arrested. She did not participate in civil disobedience. She was trying to observe the expression of free speech engaged in by the marchers. …Ms. Landis is a citizen journalist, sympathetic to the movement.  She was totally caught off guard when she was arrested. Not at the event, but days later. 

If we allow our police to do that, when are they coming after the rest of us?” 
At 11:30 a.m. on June 7, 2012, twelve jurors in Buncombe County Superior Court returned a not guilty verdict for citizen journalist Lisa Landis.  Homefree!  Justice was served today in Buncombe County.

Landis says she will file a civil suit for false arrest on three false charges.

 Photo by Clare Hanrahan (with camera generously gifted by Anne Gietzen to this citizen journalist!)

Sunday, June 3, 2012

NATO Chicago: "Let Them March All They Want..."

Brad Lyttle, Coleman Smith, Clare Hanrahan and Kima Garrison in Chicago

"Let them march all they want, just so long as they pay their taxes."  
U.S. Sec. of State Alexander Haig, 1982.

It was a telling detour when we New South Network field organizers missed our exit off the I-90 Skyway to emerge in the economically oppressed and under served Chicago South Side, rather than our Hyde Park meeting destination. This unplanned drive through the disenfranchised side of Chicago underscored how important it is in our work to not overlook class and race. More and more we see increasing numbers of people who must struggle daily to maintain themselves, while the war-waging, capitalist elite, profit obscenely from what seems to be an endless War on Earth through a culture of violence, exploitation and domination.

New South Network friend and supporter Ellen Thomas, of Proposition One and an original occupier in front of the White House for nearly two decades, loaned us her car for the journey from Asheville to Chicago, and war tax resister and  organizing colleague Redmoonsong helped out with funds for the long journey.  We participated in the twice yearly gathering of the National War Tax Resistance Coordinating Committee (NWTRCC)  and the rally, march, and protest against the NATO Summit.   NWTRCC is a coalition of groups and individuals from across the United States, formed in 1982 to provide information and support to people involved in or considering some form of war tax resistance.   At our twice annual meetings we strategize about ways and means of refusing to pay for war, building and sustaining community and providing mutual support.

May 2012 NWTRCC in Chicago
Clare Hanrahan rotated off the NWTRCC Administrative Committee as Carlos Steward, recently released from federal prison for his conscientious objection to paying for war,  was accepted for a two year term.  Carlos did final editing on the NWTRCC film Death and Taxes, with interviews of war tax resisters from across the US, showing their varied lifestyles and challenges as conscientious objectors to paying for war.... "If you work against war, why are you paying for it?"   

NWTRCC's May 2013 meeting will be held in Asheville, N. C.  We are looking for a site to celebrate NWTRCC’s 30th anniversary this November.  One of the most dynamic, supportive aspects of our meetings is hearing the stories and reports about local resistance work happening around the country, and re-connecting with one another.                                     
A current project is the Rapid Outreach Working Group (ROWG), organized to quickly respond to requests for information, speakers, and materials on war tax resistance as new situations arise. You can contact ROWG through Action South for more details.               

Given that NATO is, for the most part, an International Military Intervention Force  under the command of the United States, it was doubly appropriate to meet in consultation with war tax resisters from across the country, while some of the world's worse offending war mongers gathered nearby. With security for the NATO Summit on high alert, major highways were shut down, traffic was detoured in and around a large part of central Chicago, which had been converted into a militarized zone, cordoned off, with check points and a massive police presence, helicopters and fighter jets patrolling over head, and rumored inflatable Zodiac boats, mounted with machine guns, keeping an eye on the Lake Michigan approach to the Exposition Center - ground zero for the NATO dignitaries.

Along the way we stayed with our friends Jim Scheff and Tina Marie Johnson who coordinate and direct the forest protection network Kentucky Heartwood. They opened their beautifully crafted home in Berea, Kentucky to us for an overnight respite and fed us well at the family table  as we compared how the work we each do supports and sustains the just world we seek. We work to end the death and destruction of our planetary systems by violent conflict; and they to assure that what is left of the natural world is thriving and whole, and continues to lift and regenerate us all. We were in a moment of realization that the anti-militarism/peace and justice movement has a direct connection to the environmental justice movement and in fact are part of an even larger need to end ruthless exploitations of all human, plant, animal, and natural resources on Earth.      

For our weekend of radical organizing and protest in Chicago, we enjoyed the hospitality of our 84 year old friend and colleague,  Brad Lyttle, long time peace activist and icon of the movement.  In 2011 Brad was with us in Asheville for our gathering of Southeast Nonviolent Direct Action trainers.  Brad has lived in what was his parent's home since 1942. With one sailboat docked in his small front yard and two more behind the house amid miscellaneous materials and artifacts, you might say that Brad is not your typical Hyde Park resident - but more on our generous host and intrepid peace warrior in our next Action South post.

As we weaved our way through street construction, detours and primarily black neighborhoods, looking for Brad's house, the dramatic transition out of the South 
Side, continued through what can only be described as a  physical, socioeconomic,  and cultural demarcation - formed by solid urban infield, a hospital district, blending with the University of Chicago/Hyde Park area, multi-cultural, well educated and privileged with its well manicured lawns, public landscapes, beautiful homes and structures. Brad recalled a description of the Hyde Park district by a Chicago journalist as “...black and white, standing shoulder to shoulder, against the lower class.”  

On Friday evening, our merry band of war tax resisters traveled to the Wellington Avenue United Church of Christ which served as a welcome center for protesters. Author and activist  David Swanson spoke on the Military Industrial Complex.  He was introduced by Kathy Kelly of Voices for Creative Nonviolence, who two days later was on her way on another peace mission to Kabul, Afghanistan.

On Saturday we stood for two hours in Grant Park with our banners while we distributed hundreds of pieces of  informational literature on war tax resistance. We fit seamlessly into what was the perfect spot to catch the eyes and ears of the thousands of people gathering to march against NATO's and the United States' prosecution of war for profit and military hegemony of our planet. 

We fielded press interviews for TV, radio, and print media.  There seemed to be people from all over the world, with colorful signs, banners, and powerful messages declaring that we will not accept a doctrine of war for our lives and the future.

 An estimated 6-7,000 people marched through downtown Chicago for another two hot hours amid a massive police presence which itself was in the thousands.

As the peaceful demonstration approached McCormick Place near where world leaders were meeting, we were being corralled into an area of chain link fencing surrounded by fully armored tactical police on foot and horses while  helicopters hovered above.  Dozens of Iraq Veterans Against the War, protected by a ring of Veterans for Peace, demonstrated their disgust with the war and how they have been betrayed by the Pentagon and its "global war on terror," by hurling their medals over the fence at the building were the world leaders met.

As our group was making its way out of the area, through dense layers of even more police squadrons, ready for action,we heard our friend and IVAW member Jason Hurd declare to the assembly through a microphone,  how deeply sorry he was for the destruction of the war.  Jason had just visited Asheville with Operation Recovery, and IVAW campaign for GI and Veterans' Right to Heal. Their courage to confront the military hegemony of the US and it's NATO pawn must spring from their basic warrior's training to face and defeat an enemy. One is left with the obvious question of,  "Who is the real enemy?"    --coleman smith 

Photos by Ruth Benn, NWTRCC staff 


Friday, April 27, 2012

High Drama as Occupy Asheville Takes to the Courts


 by Clare Hanrahan

Asheville activists occupied two Buncombe County, NC courtrooms for much of the day April 26, 2012.
They were ordered to court to face various charges including trespass and impeding traffic resulting from asserting first amendment rights to peaceably assemble in various nonviolent direct actions throughout the city in October, November and December of 2011. Only one “not guilty” verdict was returned for the six defendants whose cases were heard. Continuance until June 28 was granted for about 21 other cases. Pro bono attorney Ben Scales, who has provided countless hours of assistance to the First Amendment defenders, asked for the continuance because many of the arresting officers were not present to testify.  They are “essential witnesses to our case,” he said.

The first person to go before District Court Judge Patricia K. Young in the basement courtroom was Lyudmila Dhiraja, a native of the Ukraine. She had been cited for impeding traffic around Vance monument on October 15, 2011 during a rally at the monument, a location that has been acknowledged by the city of Asheville as a “traditional forum for free speech,” after over a decade of weekly vigils and protests against violence and war by Women in Black and Veterans for Peace.
Virato and Dhiraja at Occupy event
Dhiraja pled guilty and was sentenced to 12 months probation and 20 days suspended sentence. Her husband, Joseph Bacanskas, also known as Virato, and the first of Occupy Asheville activists to be charged, was found guilty April 17 of willfully impeding traffic at Vance Monument and ordered to pay $190.

Attorney Ben scales also assisted Matthew Burd, who opted to serve as his own attorney. Burd was sent upstairs to courtroom 3 where he was tried before District Court Judge Julie M. Keple.  Numerous supporters and co-defendants whose trials had been postponed followed him to the 2nd floor courtroom. Assistant District Attorney Milton Fletcher prosecuted Burd on charges of trespass for a November 2 march and rally at Vance monument.  Burd maintained he was asserting his First Amendment Rights to peaceably assemble.  He asked Asheville Police Sgt. Jonathan Brown if he had taken an oath to uphold the Constitution, but when he asked Brown to recite the oath, the ten year police veteran was unable to do so. Sgt. Brown has been present at many Occupy Asheville events, and told the court in a later trial that afternoon that “we became familiar with people inside the movement. I had a lot of dialog. ..we were prepared for multiple scenarios.”

Matt Burd's Mug
Several National Lawyers Guild Legal Observers, including this writer were present in the court room throughout the day. Asheville has a dozen Legal Observers, trained by retired attorney Curry First, who is also the president of the Western North Carolina chapter of the ACLU.  I had barely settled in to the 2nd floor courtroom to observe when defendant Matthew Burd called me forward as a witness.  This is one of the roles we Legal Observers agree to as part of our training through the National Lawyers Guild.  With my notes in hand from the Nov. 2 march from Lexington Ave. underpass and the rally at Vance monument, I approached the stand.

To the best of my recollection, and aided with my Legal Observer notes, I was able to answer questions regarding the arrests and interactions with the police. Unlike the encounters in many cities where the occupy movement is active, all the interactions I have observed between Asheville police and occupy activists have been civil and polite, as each play out the roles they feel a duty to assert.

Under cross examination, I had to correct the Assistant District Attorney, who kept referring to what he called “your organization.”  Occupy is a “movement” I asserted, not an organization.  I was serving as a trained Legal Observer, not as a participant. The prosecuting attorney’s style was aggressive and badgering, often interrupting, and as one observer later commented, “He seems more interested in getting a conviction than getting at the truth of what happened.”

As is typical in these cases where individuals may violate city ordinances to assert a higher law and bring attention to an injustice, the prosecution is only interested in the bare bones: “Did you or did you not remain after being warned to leave?” Burd was found guilty and sentenced to time served.

Amber Williams & Steve Norris & BOA windmill
Back in the basement courtroom, Warren Wilson College professor Steve Norris faced Judge Young. He plead guilty for a December 2 action in front of Bank of America, coordinated by the Rainforest Action Network with large participation from the Occupy Asheville movement.  Norris and Amber Williams chained themselves to a replica of a windmill to dramatically demonstrate the egregious crimes aided and abetted by $3.9 billion in loans from Bank of America to fund mountain top removal coal mining.  Norris was sentenced to time served for his conscientious action which Attorney Scales characterized as being undertaken as a “necessity” in the spirit of the civil disobedience actions of Martin Luther King, Jr. and Mohandas Gandhi to bring attention to an injustice.

Amber Williams opted to defend herself, pleading not guilty at her trial that afternoon before Judge Young. Her case was joined with that of Caleb Shaw and Thomas Beckett. Both men had been charged with trespass for being on the grassy area in front of the Bank of America. 

Hanrahan & Rawls at Occupy Asheville
Attorney Scales called both me and Legal Observer Sonny Rawls to the stand to testify to our observations during the arrests. The prosecution called  Jason Dowell, a former Branch Manager at Asheville’s downtown branch of Bank of America (now with Merrill-Lynch)  to the stand, as well as Asheville police Sgt. Brown, who spent most of the day testifying at the various trials. Police moved to arrest after Dowell complained that protestors were not welcome on the property, Sgt. Brown said.  Under cross examination from Williams, Sgt. Brown revealed that the Asheville Police had been alerted to the planned rally by Bank of America.   

“They have an intelligence unit” he testified, “The Bank of America Director of Security out of Charlotte…certain intelligence information passed to and from the Asheville Police Department.”
In a dramatic scene, the police video of the Bank of America action was shown.  As Judge Young, the prosecutor, defense attorney Scales, defendant Williams, Sgt. Brown, the court bailiff and another court official clustered together by the judge’s dais to view the laptop screen, the chants and statements of that day rang through the courtroom: “No money for coal. No more money for coal…” and “Our children get sicker, their profits get bigger.”  It was an unusual scene in that basement courtroom, that is more often the site of an assembly line justice of guilty pleas and fines collected as one low income person after another is sentenced for misdemeanor offenses.

Sgt. Brown, during cross-examination, could not recall if his order to move from the grass in front of the Bank of America came before or after defendant Thomas Beckett arrived on the scene, Beckett was found not guilty because, as the judge declared, there was “reasonable doubt” he had heard an order to move. Beckett is a local attorney who had just happened upon the scene and stepped off the sidewalk to take photos.  Caleb Shaw, an activist with the occupy movement, and facing other occupy related charges, was found guilty.  Sgt. Brown had characterized Shaw as stepping back on to the grass in an “act of defiance.”  Both Williams and Shaw were found guilty and sentenced to time served.

After the lunch break, we returned to the second floor courtroom for the trial of citizen journalist Lisa Landis. We shared the tiny courtroom elevator with Buncombe County District Attorney Ron Moore, under scrutiny because of missing guns, money and drugs from the county evidence room.  Also on the elevator was Assistant District Attorney Fletcher and defendants, Norris, Landis and Becket, and Defense Attorney Scales and Legal Observer Rawls and myself. Quite a mix of players in the courtroom dramas unfolding that day.
Lisa Landis "Glo Lady"
Landis was charged with “impeding traffic.”  Two other charges, “resist, obstruct & delay” and “blocking the roadway” were dropped by the prosecutor just prior to the trial. Landis has been both documenting and participating in various Occupy Asheville events since its inception. Landis, a former URTV public media producer, and 4 others, including this writer, had been picked up on warrants issued after the Nov. 2 march and rally after being easily identified and targeted from police video tape of the event.  Landis maintained she arrived at the Nov. 2 rally with no intention of risking arrest, but rather to act as a journalist.  This writer was serving as a Legal Observer, keeping close to the march and rally and taking note of all police, protester interactions. I was later arrested on 3 warrants while serving as a legal observer for a Southeast Student Renewable Energy conference-led march on Nov. 6 through downtown Asheville.

During Lisa Landis’ (also known as Glo Lady) trial, Sgt. Brown was again called to testify. When asked by Landis about the police video, Brown indicated that he used a video camera on his shirt to record the event.  Landis’ own video was introduced as evidence and once again, the chants and high energy of the Occupy Asheville rally reverberated through the Buncombe county District courtroom: "How do you fix the deficit? End the Wars! Tax the Rich!"

Some of Asheville's Legal Observer Team
This Legal Observer was called again to the stand. As part of our training we note the presence of any media at marches and rallies.  I testified that I had observed Landis, who I recognized as a citizen journalist, standing across the street from Vance monument, on the sidewalk, filming with her camera on November 2.

There are numerous videos and surveillance of Occupy Asheville events. One civilian forensic  technician, Lynn Fraser, hired by the Asheville Police Department posted on her Facebook account after a day of filming a march and rally, “Glad to be off work and not dealing with dirtasses that want to preach their 'Constitutional rights' to me, then in the same breath tell me that videotaping them in a PUBLIC park (which none of them worked and contributed tax money to pay for) is an invasion of privacy," Her comments, including a later post saying “some people just need a hug…around the neck…with a rope” resulted only in a suspension with pay.

As Landis’ trial continued, she testified, “In my role as a journalist I filmed my whole participation. I heard a siren and got on the sidewalk …I did not want to be arrested. I never heard any verbal command to get off the street."

Sgt. Brown testified that when he first arrived in an electric car, the march was underway, and that  he stepped out of the car and “gave a loud command: ‘move to the right. Get off the side walk’, and motioned to the side walk.”  He further testified that he then closed off the streets “trying to mitigate the public safety threat.” 

Under cross-examination from Defense attorney Scales, Sgt.Brown could not say if or when he specifically ordered the defendant Landis to move. This legal observer, who accompanied the entire march, never heard such a command. Nor did the notes of other legal observers reflect such a command.  In fact, as Landis would testify, “I was under the assumption that Asheville police were escorting the picket. ” 
Defense Attorney Scales’ motion to dismiss was denied.

In his closing remarks, the prosecutor, Assistant District Attorney Fletcher, in an odd effort to discredit the defendant and witness, called Landis  “cowardly…hiding behind a camera.” He then characterized this writer and Legal Observer witness as “cowardly… hiding behind a notebook.”

Despite her clear role as a citizen journalist, Lisa Landis was found guilty and sentenced to time served. Landis immediately indicated her intent to appeal the sentence, telling the judge, “I was targeted and forcefully arrested because I continue to speak about the corruption of District Attorney Ron Moore…I will not stop until Ron Moore is arrested.”

Attorney Scales out of court
In closing remarks, Defense Attorney Scales said the state has taken “an extremely adversarial position," one that is “not sympathetic to protests of any kind.”

 “The DA calls Ms. Landis cowardly," Scales told the judge.  "She is not hiding behind anything. They picked her out, singled her out, singled Ms. Hanrahan out and several others."
 
Thus ended a dramatic day in court for Occupy Asheville defendants arrested for speaking and acting nonviolently to call for social and environmental justice in these urgent times.  

Upcoming trial dates:  May 24, 2012 – Legal Observer Clare Hanrahan, on two remaining charges after Nov. 6 arrest on warrants based on video surveillance of the Nov. 2 march and rally.
June 28, 2012.  The remaining 21 defendants arrested for First Amendment activities Nov. 2 and Nov. 11, 2011.
Community support needed as these trials continue.