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War Resisters League

FOR IMMEDIATE RELEASE
OCTOBER 11, 2004
12:26 PM

CONTACT: War Resisters League
G. Simon Harak 646/644-7076
John M. Miller 718/596-7668

 
Bloomberg Administration Criminalizes Free Speech, Says War Resisters League
 
NEW YORK - October 8 - "This is classic bait and switch," says G. Simon Harak, Anti-Militarism Coordinator of the War Resisters League and one of the 200-plus August 31 arrestees against whom all charges were dropped yesterday. "On August 31, we obeyed the police directives, and they still arrested us. Now they're saying that they can't convict us in court, but they're still trying to convict us in public opinion."

Assistant DA William Beesch declared Wednesday that he was declining to pursue the charges of disorderly conduct and marching without a permit because he was "unable to prove" that the defendants were guilty. "The DA couldn't 'prove' we were guilty because we weren't," Harak says. "A fair number of the people who were arrested weren't even participating in the protest."

Some 200 people were arrested near the "Ground Zero" site of the World Trade Center on the afternoon of the 31st. The protest had begun with a one-hour vigil at Ground Zero and was to be followed by a solemn march toward the Republican National Convention and then a "die-in," an act of nonviolent civil disobedience calling attention to the terrible toll the Bush administration wars in Afghanistan and Iraq have taken. Just before the march was scheduled to begin, police and march organizers negotiated about how the march might be held without disrupting traffic; a march that doesn't disrupt traffic is legal under the First Amendment whether or not it has a permit.

Yet once the march began, police fenced off an entire block and arrested everyone within the area, including bystanders, some legal observers and some members of the press. "After Mayor Michael Bloomberg's declaration that free speech was a not a right, but a privilege [on August 16, at the John Jay College of Criminal Justice], we thought his administration might try to annul our First Amendment rights," said WRL Board member, Frida Berrigan. "So we planned for the march to start from several different places. Some of us completed the march and the die-in. Generals aren't the only ones who know how to plan campaigns."

The arrestees were flex-cuffed; some had to sit in the sun for several hours. They were taken to a former bus depot on the Hudson River's Pier 57 and held in wire-link cages topped with razor wire, with few seats other than a cement floor covered with oil and other chemical contaminants. After many hours, they were again cuffed and transferred to the Criminal Court Building at 100 Centre Street, where they were finger-printed. So in the space of two weeks, the exercise of free speech went from being a constitutionally guaranteed right, to being a revocable privilege, to being a criminal act.

Dropping the charges is not enough, "we require some form of redress for the violation of our civil rights," Harak said.

To demonstrate that we will not be cowed or intimidated by the government's tactics, the War Resisters League would lead another nonviolent march, again beginning from the World Trade Center site. "We need to reclaim that public space for the people," Ruth Benn said, "and away from those who would deprive us of our First Amendment rights."

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