The 'Friends of Marcia Powell' are autonomous groups and individuals engaging in prisoner outreach, informal advocacy, and organized protest and direct actions in a sustained campaign to: promote prisoner rights and welfare in America; engage the Arizona public in a creative and thoughtful critique of our system of "justice;” deconstruct the prison industrial complex; and dismantle this racist, classist patriarchy...

Retiring "Free Marcia Powell"

As of December 2, 2010 (with occasional exceptions) I'm retiring this blog to direct more of my time and energy into prisoner rights and my other blogs; I just can't do anyone justice when spread so thin. I'll keep the site open so folks can search the archives and use the links, but won't be updating it with new posts. If you're looking for the latest, try Arizona Prison Watch. Most of the pieces posted here were cross-posted to one or both of those sites already.

Thanks for visiting. Peace out - Peg.
Showing posts with label sidewalk chalk. Show all posts
Showing posts with label sidewalk chalk. Show all posts

Thursday, June 23, 2011

"No one has a First Amendment right to deface government property..."


Uh oh. This ruling does not bode well for me or the Friends of Marcia Powell - I hope it goes further. I just found out today that I'll be charged with felony criminal damage for my June Artwalk protest (during which I painted the alley without the city's permission)...this looks like it could quash my less obnoxious free speech activity, too.

-----------------------


Chalking Prohibited Outside White House, Appeals Court Rules

Blog of Legal Times

June 21, 2011

Just a few weeks ago the U.S. Court of Appeals for the D.C. Circuit said dancing is prohibited inside the Jefferson Memorial. Critics protested. Through dance.

Today, the appeals court turned its attention to a different form of expression—chalk art. The court unanimously said in a panel ruling (PDF) that D.C. law prohibits chalk scribbling on the street in front of the White House.

“No one has a First Amendment right to deface government property,” Judge Brett Kavanaugh declared. “No one has a First Amendment right, for example, to spray-paint the Washington Monument or smash the windows of a police car.”

Kavanaugh said the law prohibiting defacement of public and private property in a content-neutral manner provides “no serious First Amendment objection.”

Rev. Patrick Mahoney, the plaintiff in the suit in Washington federal district court, sought permission for a chalk demonstration in late 2008 to protest against abortion. City police said Mahoney, director of the Christian Defense Coalition, could show up with thousands of supporters. He was allowed to bring signs and banners. But he was prohibited from marking 1600 Pennsylvania Avenue Northwest.

Mahoney sued the city and the Metropolitan Police Department in January 2009 in U.S. District Court for the District of Columbia. He wanted an injunction to block the city from preventing him from writing with chalk on the street. A trial judge rejected the request.

Two days later, the appeals court said, Mahoney took his chalk to the street in front of the White House. Police confronted Mahoney, confiscated the chalk and told him to stop. Mahoney obliged. He was not arrested. Mahoney amended his complaint to add the officer who stopped the chalking.

Judge Janice Rogers Brown wrote the opinion for the appeals panel, which included Kavanaugh and Judge Karen LeCraft Henderson.

The appeals court said the District’s defacement statute is content neutral, banning certain activity—including cutting, chipping, writing and marking—without reference to control of the speaker's message.

Also, the court said the “special nature” of the street in front of the White House—closed to vehicular traffic but open to pedestrians—“serves to heighten esthetic concerns” of the government. “[T]he District’s interest in controlling the esthetic appearance of the street in front of the White House is substantial,” the appeals court said.

The court noted that the District's defacement statute still provided Mahoney other avenues for communication, including signs and banners.

"The District’s threatened use of the defacement statute did not curtail Mahoney’s plans," Brown wrote. "Mahoney was free to announce any “verbal” message he chose. And, Mahoney could depict visual messages on signs, banners, and leaflets. Thus, ample alternative channels of communication existed."

Lawyers for Mahoney were not immediately reached for comment this morning on the appellate court ruling. Carly Gammill of the American Center for Law and Justice argued for Mahoney in the D.C. Circuit in September.

Gammill and James Henderson Sr. of the ACLJ said in court papers that the chalk art demonstration was the only speech activity for which Mahoney sought permission. The city's restriction, then, "prohibited the demonstration in its entirety."

"[W]hatever the storied history and traditions may be that pertain to the street in dispute, Pennsylvania Avenue is nothing other than an archetypical public forum," Mahoney's attorneys said in a brief.

Mahoney's lawyers called the chalk art ban a "peculiar, targeted denial of expression." The attorneys said the District regularly "conducts contests and promotions to entice the public into the public space for the purpose of creating chalk art."


Thursday, May 5, 2011

The People, United: Resisting Arizona's prison industrial complex.




For those of you who only have a cursory awareness of Black Panther Party history and the story of George Jackson (if any at all), Angela Davis is more than a legendary-black-militant-turned-professor from that era. She's the contemporary visionary whose scholarly work - dating all the way back to her incarceration and study of women's resistance to slavery - has been the foundation of much of my own decision to embrace the politics of prison abolition.



I'd encourage anyone interested in the issue of
criminal justice to read Davis' work and catch a lecture or two on Youtube. Her message this evening was consistent with her written words and strong on principles of abolitionism; Google it if you want more, though. Something more awesome happened in Tempe, AZ tonight than Angela Davis' talk that I need to write about. It's been unfolding all along, really....


I showed up at NEEB Hall early today - somewhere around noon, I think, to scope it out and chalk the walk. There's a great canvas out in front of the place - it was a great spread, though my camcorder photos are all grainy and I didn't pull out my 35mm...in that respect my work was lost. There was hardly any traffic until the event, too, so I didn't have much chance to interact with curious on-lookers, as I usually do. I killed a lot of time in the heat, and started to get bummed.



But as the hour approached and more people began to arrive, I found myself surrounded by friends, old and new. Anarchists, former prisoners, loved ones of those passed, ASU students, members of the immigrant rights' community, and even a few Wobblies (yep - the IWW folks) have all been showing support for prisoner rights' actions of late, organizing and standing in solidarity where our paths overlap - I seem to be in the middle of many of those intersections right now.



Anyway, as a result of all my comrades' assistance, I had a ton of t-shirts with prisoner mug shots floating among the standing-room-only crowd this evening: at least 15 victims of prison suicide, neglect or violence were represented. Again, I was slow on the draw with my camera, but at one point after the lecture everyone was milling around the AZ Prison Watch banner out front: God, I hope someone out there had the presence of mind to take pictures of them. I was just kind of stunned, really - seeing these folks gather from a distance in all those shirts, I realized how much power we actually have among us, within us, and behind us...


So, I have no doubt that what we have together far exceeds the power against which we fight. I'm not just talking about pushing through some feel-good legislation or coercing the ADC to make a few reforms. Prison abolition is not a losing battle, not even in this forsaken place.
That's going to help me sle
ep a little better tonight. Thanks all.



And thanks, Professor Davis, for coming to town today.



Tuesday, April 26, 2011

Big Daddy comes to town: ACLU National Prison Project


ACLU-Arizona: "Demolish the Prisons"

Ringed by the names of those who have died in AZ State custody

of neglect, suicide, and violence since Jan 2009
.

Phoenix, AZ (April 25, 2011)



The National ACLU's David Fathi and the Prison Law Office's Don Specter are in Phoenix this week, finally. As I write, they should be wrapping up interviews of prisoners at the AZ state supermax facility in Florence, ASPC-Eyman.


The National ACLU had already made the misuse of isolation and detention for managing symptoms of mentally ill prisoners a national priority, so this shouldn't be a surprise for the ADC...nor should the fact that they're interviewing some of my correspondents. Apparently their arrival is causing quite a stir, though - the guards are the ones who called Fathi "Big Daddy".
They had a bit of cleaning up to do for their arrival, I imagine.




No deal is done yet - they're still just exploring the evidence and talking to possible litigants and witnesses, as far as I know. They need to see that there's a social movement here that will support their intervention, so step up with the actions and agitation. Remember to come to the following events:


Today, April 26, 2011

5:30-7:30

MI in the CJ System Roundtable:

Punitive or Restorative Justice?

ASU Art Museum
1th St/Mill Ave
Tempe



Sunday, May 1: May Day Rally.

REALLY, REALLY FREE Store 11:30

Speakers 1:30

Margaret T. Hance Park

south of the Phoenix Public Library, Central St, Phoenix

PRISONER RIGHTS ARE WORKERS RIGHTS!!!



Thursday, May 5, 2011

5:00 pm


ANGELA DAVIS

Neeb Hall, ASU-Tempe






Those of you in prison but not at Eyman, take heart - we've got a whole lot going on both out here and behind bars now, and you won't be left behind. Be persistent keeping me posted about how things are in there - but by all means, direct your eyewitness correspondence about conditions of confinement to the ACLU-AZ (PO Box 17148, Phoenix, AZ 85011), not me, right now. I have the ACLU's assurances that they won't lose any letters, and they'll no doubt try to help me find solutions to the things they can't address, to the extent that such a role is appropriate for them.




Learn to grieve things properly, and keep the frustration and violence down. Help each other out more than usual; you need to not only get through this, but you need to be vocal and visible, now that there's a light shining in there, and responsible with your complaints.





Thanks go out to the prisoners willing to put themselves out there for the rest of the folks right now, as well as to Dan Pochoda and Darrell Hill at the ACLU-AZ, and Mary Lou Brncik, Carl Toersbijns, Patti Jones, and Ken Jacuzzi, especially, for being such aggressive advocates for prisoners with serious mental illness.

Thursday, September 2, 2010

From Conspire to Perryville, with love.

I also did a few actions earlier in the evening, chalking up the sidewalks outside of the Goddard Brewer debate, bringing my signs by the Capitol and ADC for some postcard photos, and stopping by Conspire to get some friends to help me show some solidarity with the women at Perryville / Santa Cruz who are on lock-down and have been resisting the conditions there...




Note that this cop doesn't hassle me -

he just looks curious. (Central)










(First St./KAET)







I knew the ADC central Office would want to show the women their support, so I included them in my evening shoot. The light was awesome.












While I was there, I also pulled my Hep C

sign out - looks pretty sharp, eh?
Great postcard that'll make.




















Didn't want to leave the Governor's office out, either.






And finally, the women of Conspire,
in solidarity with our sisters in Perryville Prison.
Resist!

Justice for cops and the privileged few...

Upon reading Stephen Lemons' article about Marcia tonight, I became highly agitated and needed to chalk. So, I chalked up the sidewalks outside the Maricopa County Attorney's office.

Figured it might be the only way I'd ever get
heard by Romley on the matter. Left my card at the scene in case he needs me to clarify any of what I had to say. It was dark, so the photos are kind of grainy - sorry.

Was stopped by a couple of detectives at one point, who told me I was breaking the law. Was about ready to pick a fight over that (I've been told repeatedly by cops - after they hassle me - that it's not criminal damage if
it's chalk on a public sidewalk), but they didn't have time to argue with me about it and took off so I went back to work until I got it out of my system...


I find it really disheartening - and enraging - that when a cop gets bumped by a couple of kids at a rally, they call it a violent assault and threaten to put a young woman in prison for the next decade over it. But when a woman is locked in a cage in 108 heat, tormented and taunted and ignored until she collapses in her own feces, the county attorney's office can't even find a misdemeanor complaint to file against any one of the 16 people the ADC held responsible for her death. That's pathetic and deeply disturbing. So, when it comes to "justice" here, even with Andy Thomas out the rest of us are screwed.


Thursday, July 1, 2010

"Criminal" Chalking and free speech: Know your rights.

Last fall, as I was engaged in protracted debates with the Capitol Police and security crews about first amendment rights, chalking, and criminal damage, I found and posted some articles about this guy at UofA who was in an absurd amount of trouble for his own chalking activity in Tucson. I was looking into all that again (dusting off all my gear for an action), and I came across this great blog, Sally Gradstudent, that speaks more directly to the Arizona criminal codes in question in the case. Neat blog with good links - it takes on the UofA administration and rallies other students to do the same.

The chalking charges against Jacob Miller and his trusty comrade (someone who began chalking after his arrest in solidarity) were ultimately dropped by the university, by the way, but it doesn't sound like they would have stuck.

--------------------
SALLY GRADSTUDENT

Friday, September 25, 2009

Criminal?


Jacob Miller's arrest is all over the news, turning a peaceful protest into a vortex of media attention. Tucson Citizen's Renee Schafer Horton is trying to get an interview with the UAPD, KGUN9 and KVOA4 both reported on it last night (with interviews from Jacob Miller), the Daily Wildcat filled up most of the front page with a photo from the story. The Desert Lamp has done a great job listing several other chalking incidents on campus.

Not only is the arrest of a peaceful protester disgusting, it also does not seem to us to follow the letter of the law.

Consider the definitions:

"A. A person commits interference with or disruption of an educational institution by doing any of the following:

1. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by either:

(a) Threatening to cause physical injury to any employee or student of an educational institution or any person on the property of an educational institution.

(b) Threatening to cause damage to any educational institution, the property of any educational institution or the property of any employee or student of an educational institution.

2. Intentionally or knowingly entering or remaining on the property of any educational institution for the purpose of interfering with the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others.

3. Intentionally or knowingly refusing to obey a lawful order given pursuant to subsection C of this section.

A. A person commits criminal damage by recklessly:

1. Defacing or damaging property of another person; or

2. Tampering with property of another person so as substantially to impair its function or value; or

3. Tampering with the property of a utility.

4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water (???what's this doing here??? -Peg)

5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner."

Any short walk around campus will reveal numerous chalk drawings, usually made by the sororities. And yet, the police do not interfere with their right to free speech.

This is a serious matter. If Jacob Miller is convicted of these alledged "crimes", he stands to have a criminal record for the rest of his life, as well as fines and possible jail time. The university could then be in a position to suspend or expel him. His court date is October 14th, and if the charges haven't been dropped by then, we should take our peaceful protest to the courthouse.

Check out http://www.arizonaforeducation.com/ for more updates on the case.


Renee Schafer Horton of the TC online raises some important questions about the cost estimate for removing the chalk, and thanks to a quick-thinking graduate student with a camera, we have some answers for her. No power washing was done; the chalk was removed (as we watched) in less than 20 minutes by a group of 3 janitors.



According to UAPD, they may be looking for evidence of even more chalking so that they can hand out new citations. This is from Renee Schafer Horton's blog: Sgt. Juan Alvarez of UAPD said "There were other people that help Mr. Miller, but we couldn’t identify them. If we are able to identify them, we could pursue charges."

Is it just us, or does this come off as "Watch your backs, protesters"?

We will not be intimidated.



Sunday, December 13, 2009

Marcia's Friends' Direct Action Gear.

Hey All:

Am trying to set up here an overview of the Friends' direct action gear bag, so you know what we have in case you ever need to borrow it, and you have an idea of how to put one together yourself.

One of the more important tips we've learned this fall is to never take more than you can carry - at a quick clip, if necessary - in just one trip, if you can help it. Jackets and vests with deep pockets help keep hands free and may eliminate the need for a back pack. The rolling gear bag we've assembled below is one you can either pull along behind you or grab a few things out of and leave in the car.

If you think of something we should add, drop us a line - or better yet, drop it off at my place (this is Peg writing, of course). Some incriminating and all-too-tempting things have been excluded - like spray paint. I go for removable solutions lest anyone gets nailed for "criminal damage". You'll have to provide your own supplies and ideas for civil disobedience, at this point, anyway. I'm still coloring within the lines, for the most part.

Be patient, please, if I have any technical difficulties with these photos...

Direct Action Gear Bag and Supplies:

Posters (carried within a flattened moving box, which can be set up to tape posters on the sides of, use as a tabletop to display literature, throw belongings inside, etc. The box has a handle made from a bandanna, which can be detached and used for other purposes.) Messages include the following:




Free Marcia Powell.
Too Many Prisoners.
Arizona: Your Prison System Kills.
Protect Human Rights: End State Violence.
Prisoners Have Families, Too.
Remember Veterans in Prison.
Will Work for Prison Abolition.
I could have been Marcia Powell.
Governor Brewer: Free Marcia Powell.
Terry Goddard: Free Marcia Powell.
No Private Prisons.
Hear the Prisoner's Voice.
Unconvicted Criminal.


We also have more clean poster board and a couple of foam boards for stiff signs. There's a large tri-fold cardboard display board that's waiting for someone to do something brilliant with - maybe a set-up we can use all year for tabling at First Fridays, on Hayden Lawn, and at shopping malls or something.

I'm thinking we may get some kind of petition going when school resumes in January to support the demands listed by the Sex Workers Outreach Project - one for campus and community groups to sign off on, and one to circulate in the public as a way of generating and demonstrating resistance to the law-and-order rhetoric of the 2010 campaign season. Between the work the SWOP women have done and our own respective efforts, we should come up with a good inclusive community-generated vision for abolitionist-oriented criminal justice processes and reforms to propose for political platforms. A coherant portable display on the prison industrial complex in Arizona that visibly connects the dots for people (and follows the money) would be very useful for outreach efforts.

Anyway, back to the gear - here's the bigger picture (it all really packs in well!). Note how your car can be a canvas as well (it says "Prisoners Have Rights", but this week it will say "Free Marcia Powell", with a red umbrella...it would be nice to see other rear windows thus decorated as well.).



Loose Items:
Camera Tripod
3 Red Umbrellas (please collect them for the event Friday)

Direct Action Gear Bag:





Outermost pocket (sharps and wipes): lighter, box cutter, scissors, kleenex, handiwipes, windex wipes, hand warmers.

Second pocket in (fastening and sticky things): glue, spray adhesive, clear packing tape,  red electrical tape (tape is not only a fastener, but can be used to make lettering on plastic sheeting, or written on with permanent markers to make for instant, removable stickers/signs; the clear tape can create the appearance of permanence, if well-placed),  Loctite blue putty (best for temporarily hanging posters on irregular surfaces) stapler (need a staple gun donated to the cause), tablecloth clips (for large banners), hole reinforcements (to prevent tears in banners or posters needing holes for hanging), shoelaces, pipe cleaners.



(See that little website address on the sign? That's a sharpie and clear tape - it came off after I took the picture with no problem. Maybe they'll come after me for technical littering doing that kind of thing, but how can that be criminal damage? Make sure you take pictures of your work, so it can be saved and seen again forever)





Third pocket in (Overflow from 2nd pocket: white duct tape, blue painter's tape, disposable camera). Printing and painting things: Sharpies and poster markers, window paint, water-based poster paint (brush in cap), sidewalk chalk (about 7 baggies already packed for rapid deployment, and plenty more as back-up), sponge & bottle of water (for easy chalk/window paint clean-up if needed).  I also have a guide to the 2007 legislature (keep forgetting to ask for an updated one).



A few notes about chalking: as far as I can make out, it's illegal to do everywhere, and it's legal to do anywhere but private property. I know that doesn't help much. Regardless, it's at the discretion of the police officer who comes upon you to decide how to handle it - you could possibly be taken in overnight and face a judge before finding out if charges will stick, or what they may cost you.

So, be forwarned.

If you do chalk outside the lines, there are a few things you can try to keep yourself out of trouble:

Try to carry red/pink, white and blue chalk with you - you may wiggle out of an arrest by wrapping your message up in Old Glory and expressing your sincere incredulity that the First Amendment doesn't protect sidewalk chalking.

I've questioned why it would even be called sidewalk chalk and marketed to children if it was just a gateway to criminal activity.

I've also suggested that it wasn't my chalk but my message that got the police to interrupt me - if I'd been writing "Soldiers have families, too." to remind the legislature of their duties to people in uniform right before Thanksgiving, I think I would have received a lot more thumbs up, even from the cops. That can backfire, though - it was at that point that the officer with the Capitol Police stopped engaging with me about the First Amendment and - apparently at a sudden loss for words - called back-up and went off to see who he could find to press criminal charges against me.

So, maybe I'm not the best one to take advice from on that count.

Besides, now that all our photos are up and our secrets are out, they'll be on to us and may have a zero-tolerance policy towards chalk: so be prepared to be more creative in your sign-making and thoughtful about how to negotiate your way out of a ticket or arrest. The ACLU advises Copwatchers to write critical phone numbers (like one for an attorney) on our upper arm in case we're taken in when we go out on patrol; not bad advice for anyone protesting the status quo in this town.

The cops have actually been nice about it so far, though, all things considered, and no one seems to know for sure if "criminal damage" with chalk would really stand up in court - but the process of finding out can be a big hassle and expense.

Anyway, my experience has been that ASU campus police and maintenance tolerate chalking, and other students I saw chalking on Tempe's campus told me they even asked permission and got the okay, so if you keep it clean and on the ground (not on walls, benches, etc or highly porous surfaces), it should be alright. That was why I figured we'd be safe breaking out the chalk at the Cronkite Event (apart from how silly ASU would look arresting a bunch of young people protesting Arpaio in chalk at a First Amendment-themed anti-racist action.)

If you're chalking the parking lot or sidewalks around Wes Bolin Park (by the Capitol buildings and across W. Jefferson from the AZ Department of Corrections), the maintenance staff  may not be thrilled with any mess you leave, but the prisoners in orange will be happy to come across evidence that there are people out here in solidarity with them and their families - so don't feel bad that they're the ones most likely to have to clean it up. The guy that originally called the Capitol Police on me turned out to be real nice, and his boss had no interest in pressing charges, so long as I stopped (I'd already done what I came to do: that was my "Prisoners have families, too" photo with my buddy smiling at the message he was preparing to erase).

On the legislature side of the street, though, look out for those guys in suits double-timing it out of the Senate building towards you carrying walkie talkies with their assistants in tow. The security staff are pretty uptight about chalk (though when I challenged their assertion that my conduct was illegal, they had to run off and find someone who could affirm what I might be charged with - "criminal damage". Whatever happened to plain old vandalism?).

I wonder if Marcia's Friends would be considered a gang and get hit by Thomas' office with sentencing enhancements for tagging ? We would be if we were a bunch of young people of color, of course. On that note, I should add that my freedom and lack of hefty fines for all this criminal damage that I've supposedly done are evidence of not only my white privilege at work, but the combined advantage I have of being an Anglo, forty-something, well-educated female - one in red high tops, no less, usually doing something rather unexpected. It seems kind of startling to some people, actually. Me, I can't figure out why more of us don't just stop everything else we're doing and kick the bums out of the legislature this week - we could have a People's Occupation of the Senate building or Governor's office...

Okay, back to earth. I know folks have bills to pay and kids to feed, and not everyone can run around agitating, nor is that necessarily everyone's thing. In any event, whatever your reason for being at the Capitol this week, and however you settle on additional strategies you employ, if you happen to have painted your car window then please remember to park strategically where your message will be noticed by the most people (especially when you come to the ADC demonstration Friday). Keep in mind that if your message is really antagonizing, though, you'll get  a moving violation once you're away from the media for sure...




So, chalk alternatives: The plastic tablecloths have limits in terms of what you can paint with, but they can still be used as indicated below. I've found that rolls of solid-color wrapping paper (and rolls of brown paper packaging material) make for great banners, and even a long one can be carried easily. One which hangs over a wall should be weighted down at the bottom end and have sturdy attachments,or it'll curl and fall. Think of ways you can fasten one between trees or signposts (hole reinforcements and shoelaces or pipe cleaners might come in handy here) - get it up high enough that it's a hassle for anyone to take down...

Now, by my logic that shouldn't be illegal, but leaving water in the desert for dying people is considered "littering" of such grave proportion in Arizona than it can draw jail time - as can transporting a sick or wounded undocumented migrant  to the hospital - so just keep in mind that if you're resisting the dominant culture here, even to save lives, you're going out on a limb no matter how legal or ethical you may think you're keeping it.

Main Compartment (literature and miscellaneous): Real Cost of Prison Comic books, Anarchist Zines, Thomas' book of detailed maps of the valley (pictured above with the sticky stuff), progressive and thematic bumper stickers/ buttons (good attention- grabbers at ASU - I have an overabundance of such things, so I give them away for free for a few minutes of conversation or a solidarity photo), flashlight, red and pink plastic tablecloths (for banners, but not good for paint or markers - try making block letters with the colored tape. Remember not to dangle things precariously over traffic lanes).





There's still room in the main compartment for a laptop, lunch for two, tons of water, a sweatshirt - whatever else you may want to bring along. I usually stick the tripod in the bag when I hit the street with it - it pokes out the top, but everything can be transported easily that way, pulling the gear bag with one hand and swinging the box with posters in the other hand.

Both the gear bag, with the arm extended, and the tripod (with or without a camera on it) double as poster stands, by the way, to set up several signs at once. The tripod also seems to buy a little more time before getting police attention, if it's set up someplace that seems appropriate for taking pictures. I guess it also defies the "rule" they have at the Capitol that signs have to be held - they can't be put up anywhere. Propping a foam board sign up on the tripod and gear bag (use some puty to keep it in place) respects the law about not affixing things to state property, while it brings the message to eye level. That also keeps hands free to distribute literature or work on a petition - just keep the gear in your periphery so it doesn't disappear.

We still need to produce some literature about the Free Marcia Powell campaign to distribute, as well as business cards or bookmarks to more easily disseminate website addresses. I'm still at a loss at times for good sound bytes - maybe I'll just print some stuff up from the site to keep on hand for people to refer to if questioned by media. The safest thing would be to say that we all speak and account for ourselves instead of each other (so feel free to talk about your personal reasons for taking action, and how you see your own involvement in the campaign for CJ/prison reforms, so to speak, but tell them that the info they need about the history or purpose of the Friends of Marcia Powell is all on the website - we'll give consistent info then.)

Wow. Been working on that for awhile. Have a ton more stuff to catch up with in order to be ready this week. Let me know if there are questions. Will need help this evening  planning for the week, and again Wednesday making sure everything is in place for Friday. I'm thinking of having some folks over at about 6 or 7pm both nights. Maybe we can come up with some good street theater, too. I'm flat broke now, so since that's dinner time, please bring whatever you may want to eat or drink. Email me for directions.

Monday, November 23, 2009

Special Legislative Session Continued...



Well, got a little closer to the action with my chalk today, and really pissed off the guy who does security or something for the legislature.
He insisted that I stop chalking (I was up near the road, but on the Capitol side of the street this time), but got flustered when I challenged him on whether or not it was against the law for me to do so. He made a special point of finding out what I could be charged with - "criminal damage." Sounds serious.
I finished my artwork by then and took my photos, so I figured I'd better go before he discovered all the other spots I've chalked this morning, since he was doing me a "favor" by not calling the police. I still think there's something fishy about this being "criminal damage". It washes right off...

Governor Brewer: Prisoners have families, too.





Thursday, November 19, 2009

Prisoners Have Families, Too.

The best part about this action this morning was all the prisoners who got to see what we'd left on the sidewalk yesterday, and who saw me arguing with the cops after writing this today (thanks to the guy from the state who declined to press charges, by the way).

This poor guy had the job of cleaning up after us once already this morning, and now had to do it again. As he approached my masterpiece he said quietly, without looking up: "I hope you appreciate the irony of what I'm about to do." Then he smiled.

I didn't want to get him into trouble by talking to him, so we kept it short and sweet. When I apologized for the mess I told him there are more people than me working on this, and he thanked us all for our support and solidarity. He was pretty touched. It helps prisoners a lot to know there are people in the community who care what happens to them, even though we may be strangers. It validates that regardless of their guilt or crime we at least recognize their humanity, and will defend certain basic rights.

So, when you're doing stuff and taking pictures, imagine being a prisoner getting a postcard with a photo of your action on it. It may make them laugh, smile, or maybe even cry, but it should tell them that they and their families are not alone in this.

I'll have more on this morning when I get my 35mm roll developed, but that's the main thing I wanted to share for now. Oh, yeah - and a shout out to Timothy with the Grounds Department.

How to Make a Radical

This one is fun to read:
------

New face of vandalism?
By Gersh Kuntzman
The Brooklyn Paper
October 13, 2007
Perspective / The Brooklyn Angle





The Brooklyn Paper / Julie Rosenberg

Six-year-old Natalie Shea got a threatening letter from the city demanding the removal of “graffiti” she drew with chalk — with chalk!— on her front step. Here, Shea shows her defiance to the warning letter by creating a new work with the supposedly illegal medium.








The Brooklyn Paper / Julie Rosenberg

Natalie Shea with her warning letter and the alleged graffiti.

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A 6-year-old Park Slope girl is facing a $300 fine from the city for doing what city kids have been doing for decades: drawing a pretty picture with common sidewalk chalk.

Obviously not all of Natalie Shea’s 10th Street neighbors thought her blue chalk splotch was her best work — a neighbor called 311 to report the “graffiti,” and the Department of Sanitation quickly sent a standard letter to Natalie’s mom, Jen Pepperman.

Can somebody stop these bureaucrats before they Kafka again?

“PLEASE REMOVE THE GRAFFITI FROM YOUR PROPERTY,” the Sanitation Department warning letter read. “FAILURE TO COMPLY … MAY RESULT IN ENFORCEMENT ACTION AGAINST YOU.”

Since when is a kid’s chalk drawing “graffiti”? Since the City Council passed local law 111 in 2005, which defined “graffiti” as “any letter, word, name, number, symbol, slogan, message, drawing, picture, writing … that is drawn, painted, chiseled, scratched, or etched on a commercial building or residential building.”

In other words, Natalie Shea is not an artistic little girl, but a graffiti scofflaw?
No. The law goes on to say that the scribbles can only be called “graffiti” if they are “not consented to by the owner of the commercial building or residential building.” But how could the 311 caller possibly be expected to know if Natalie had her mom’s consent to use chalk on her own front stoop?

“He could have just asked!” Pepperman said. “This whole thing is ridiculous. Admittedly, this drawing was not her best work — she usually sticks to cheerful scenes, not abstracts, frankly — but to send a warning letter like that is outrageous.”

Pepperman ticked off any number of daily insults to common decency on her block, including (but not limited to) dog poop, garbage from ill-kept homes, and noise from car alarms. But Sanitation didn’t get a 311 call about those indignities. It got a call about a 6-year-old’s drawing.

“The report came in as ‘graffiti,’ and, as you know, the city is trying to crack down on graffiti on private property,” said agency spokeswoman Cathy Dawkins.

“It’s a standard warning letter,” added Dawkins. “The property owner has 45 days to remove it or ask the city to remove it. We’ll inspect after that, and if the graffiti is still there, the property owner has another 60 days before we’ll write a summons.”

For sidewalk chalk that would dissolve at the first rain? Dawkins said the law is on her agency’s side.

“The instrument used — whether it’s paint or chalk — does not matter,” she said.

But if Dawkins is right, than the city has just criminalized hopscotch or drawing arrows to point neighbors towards a stoop sale down the block — as long as a neighbor calls 311 to complain.

In reality, chalkers have little reason to start using invisible ink. The city’s pre-eminent sidewalk chalk illustrator, Ellis Gallagher, says he’s outlining street furniture and other objects for years and never been arrested.

“Cops stop me all the time when they see me drawing on the sidewalk, but once they see it’s just chalk, they always let me go,” said Gallagher, a Carroll Gardens resident (see his work at www.myspace.com/ellis_gee).

Gallagher believes that, despite local law 111, drawing in chalk is not illegal. But a call to the NYPD revealed that there’s a lot of gray area. (UPDATE: Gallagher arrested for chalk drawing. [nydailynews.com])

“According the New York penal law, graffiti is the etching, painting, covering, drawing or otherwise placing of a mark upon public or private property with intent to damage such property,” said an NYPD spokesman.

When pressed to define “intent” or, for that matter, “damage,” the spokesman added: “If it can be washed away, it’s not graffiti, clearly, but it still could be criminal mischief. If I cover your car with mustard, that’s not graffiti, but it’s also not legal.”

Pepperman is holding firm that her daughter is a pretty artist and not a petty criminal.

And for his part, Natalie’s father, George Shea, hoped that his daughter wouldn’t learn the wrong lesson from her “graffiti” crime wave.

“I do love that kid,” Shea said, “but I wish she would stop capping my tags.”

Gersh Kuntzman is the Editor of The Brooklyn Paper.
E-mail Gersh at gkuntzman@cnglocal.com
©2007 The Brooklyn Paper

Sidewalk Chalk Wildcat

This article addresses some of the issues I ran into at the Capitol this morning when they called the cops to stop me from chalking up the sidewalk...silliness. This attempt to suppress 1st Amendment rights begs to be challenged.

Anway, I'll post my blog and photos on all that shortly. I think we need more clarification about whether or not chalking sidewalks on public or state property constitutes criminal activity in Phoenix, so I'll keep researching this tonight and post with what more I find. I know I can be charged with pretty much anything, but drop me a line if anyone out there knows if you can really be convicted (criminal or civil) for using sidewalk chalk.

- Peg

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University of Arizona
Outrage at U. Arizona artist arrest intensifies

» September 28th
stateuniversity.com



Students upset by University of Arizona Police Department’s arrest of Jacob Miller, a 24-year-old graduate student who used sidewalk chalk to advertise a protest Thursday, have been speaking out on campus and online.

On Facebook.com, a group called Support Jacob Miller started Friday and had grown to 172 members by press time Sunday.

The group’s founder, Tom Shea, is a biochemistry junior who decided to start the group after reading about Miller’s arrest in the Arizona Daily Wildcat.

Shea, who doesn’t know Miller and couldn’t even find him on Facebook, said, “I was completely outraged by what I read in the article.”

Shea is trying to organize an online petition and a protest on Miller’s court date.

“(This arrest) can be compared to being arrested for playing hopscotch or finger-painting,” he said. “The entire idea behind chalk as a medium is that it does no damage and is easily removed. It’s not something akin to spray paint or graffiti—it’s quite the opposite.”

On the Daily Wildcat’s Web site, readers are also talking. Many were upset by the university’s initial claim that it cost $1,000 to clean the chalk from sidewalks and walls.

UA officials have since backed off their initial estimate.

Chris Kopach, associate director of facilities management said the actual figure is closer to $350.

Kopach said $1,000 was the initial approximate estimate, before he knew the writing was in chalk.

Anne Ranek, a graduate student and member of Arizona for Education, the group that organized Thursday’s protest, said she was excited by the amount of support Miller is getting from undergraduates who probably don’t know him.

Dave Talenfeld, president of the Graduate Professional Student Council, told the Wildcat the arrest was “very silly.”

Talenfeld said the anonymous faculty member who reported the chalk probably had a problem with the content, not the medium, of the message.

“I would not be surprised to learn that political considerations were involved,” he said.

UAPD spokesman Sgt. Juan Alvarez said he hasn’t received any comments about the case and declined to comment on the ongoing investigation.

Miller, at his lawyer’s request, declined to comment on the matter any further.

His lawyer, Cornelia Honchar, said she found it surprising that a student would be charged with criminal damage, because the crime “seems so banal.”

“He’s also charged with disrupting the operations of a university,” she said. “So we’ll see how a campus of 35,000 or 40,000 was interrupted by Jacob Miller drawing something on the student union sidewalk.”

Hank Dean Stephenson – Copyright © 2009 Arizona Daily Wildcat via UWire

Read more: Outrage at U. Arizona artist arrest intensifies - StateUniversity.com News http://www.stateuniversity.com/news_items/1676#ixzz0XMdHxD9S