New York City Cops Seek Federal Court Approval to Mass Arrest Protesters Without Warning

[Liberal_in_LA]

The U.S. Court of Appeals for the Second Circuit has agreed to meet in full to reconsider an August ruling that sided with protesters and chastized the New York Police Department for the way it herded and arrested 700 Occupy protesters on the Brooklyn Bridge in fall 2011. It concluded that the cops violated the protesters' constitutional rights and the police did not have “cause” to arrest them.

“This decision will frustrate, not further, the work of police attempting to facilitate peaceful demonstrations while ensuring both the safety of demonstrators and those among whom demonstrations are staged,” the city’s rehearing brief argued.

Attorneys representing the protesters say the NYPD seeks renewed power to make mass arrests after entrapping protesters, as was the case in October 2011, when police walked calmly beside Occupy marchers from lower Manhattan onto the bridge. As a majority on the lower Appeals Court panel noted, most protesters did not hear any arrest warning from police and felt they were led by cops onto the Brooklyn Bridge to continue their march.

http://www.alternet.org/activism/new-york-city-cops-seek-federal-court-approval-mass-arrest-protesters-without-warning?paging=off¤t_page=1#bookmark

“This is the most significant and most defining legal case on protesters’ rights in the last 40 years, since the mass arrests of May Day 1970,” said Carl Messineo, Partnership for Civil Justice Fund legal director, which represented the protesters. “Mayor de Blasio seeks the authority to arrest today’s protesters in the same manner Mayor Bloomberg falsely arrested Occupy Wall Street protesters by the hundreds.”

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The city’s legal briefs seeking a new hearing say the NYPD needs to make split decisions about arresting people at mass protests that do not need permits to march. It adds there is “significant coordination among this office: [the NYC Law Department’s Appeals Division] our client, the City Police Department; and the Mayor’s Office” in seeking a new federal court hearing to regain that authority.

[misterhighwasted]

1. What a dreadful ruling they are requesting

Have to pay close attention as to how this proceeds.
Not liking the sound of this. Appreciate the heads-up. Tks

[strawberries]

15. I am with you on this one

This could be the beginnings of the revolution I have so feared which I once laughed at. I laughed at the idea that we would have a revolution, now it seems so real to me

[Turbineguy]

2. I think this is called

"Double down on the stupid."

[Cha]

3. Oh yeah, that'll work.

[Enthusiast]

4. This country is clear gone.

[Shamash]

5. Aiding and abetting

As long as they can get the support of enough irrational fools who are afraid of some "group X" that poses no threat to them, they will be able to get away with nonsense like this. Convince enough small groups to support you because of their individual fears and all of a sudden you have majority support for it. It is just the whole Bush-era detention nonsense writ small and local. “We get a free pass on ignoring rights/laws for an entire group...just because.”

[pipoman]

6. Seems like a good way to further disenfranchise citizens/voters

It am always surprised how many here are huge Bloomberg fans, and that Bloomberg cheerleading is even allowed here...

[RoccoR5955]

7. Welcome to the Police States of America

Now the cops want to lock people up for using their First Amendment rights!
Who says that they are here to protect and serve?
They are not protecting and serving anyone but the one percent.
They are not concerned with the safety of demonstrators, they are wanting to stifle the free speech of those who the one percent disagree with.

[dotymed]

8. This is more

Constitution shredding, bill of rights eliminating, "law" that is further forcing America into fascism.
Mass arrests of PEACEFUL PROTESTORS? This happens in China, Russia and other fascist countries. Until the last few decades this was anathema to 95% of Americans.
It clearly destroys our right to "peaceful assembly" and has no place in a Democracy that is supposed to be by and for the people.

[marym625]

9. Just so sick of it. n/t

[malthaussen]

10. Be interesting to watch this story die...

... and be replaced by the next scandal or movie company hacking. When it comes to civil rights, too many of our citizens don't give a damn.

-- Mal

[90-percent]

11. Delightful

Don't they realize what they are asking for is the type of power favored by

AUTHORITARIAN TOTALITARIAN DICTATORIAL POLICE STATES?

Don't they realize this makes all policemen appear to want the powers enjoyed by early thirties Nazi brown shirts? Don't they worry about the negative PR of essentially asking for powers usually associated with fascist dictatorships?

I ask this question repeatedly and it's so obvious somebody with good journalism creds must have done the work by now;

Is there a spreadsheet kind of analysis that compares the taken-for-granted Constitutional Rights we had BEFORE 9-11, and the resultant watered down remaining Constitutional Rights we are left with now?

This whole quaint "innocent until proven guilty" thing seems to have been nullied, as but one example.

I've said it before, i supported the Occupy movement, in that I believed in what they were trying to do, BUT

I don't want to get my ear drums blown out with a sound cannon, herded off to jail for up to a day, and just be generally abused if I were to participate in a public effort by Occupy exercising their former Constitutional Rights of free speech. Frankly, it's my cowardice in this age of "being careful to watch what we say".

Ahh, 9-11 sure changed everything. It gave a green light to American Fascism and then the Iraq invasion proved to our authoritarians that you can lie in front of the entire planet and nobody will do a god damned thing about it! As you will notice the oligarch's are getting more brazen by the day with their return on investment in purchasing our entire apparatus of government!

The most irksome recent example is the Jamie Dimond led efforts to repeal the portion of Dodd-Frank that prevents banks to be both investment and savings banks at the same time. So they re-legalized THE ROOT CAUSE OF WHAT TRIGGERED THE 2008 ECONOMIC COLLAPSE and almost brought on a SECOND WORLDWIDE GREAT DEPRESSION!

A tipping point might come when this new law allows a carbon copy repeat of 2008. If an event like that does not end up triggering a violent revolution in America, then we will all deserve the totalitarianism we will get!


-90% jimmy

[djean111]

16. Yes, of course they realize that. And it is occurring at a city, state, and federal level.

Nothing will stop it.

Heh, going a step further than the British - kettle, then arrest everyone. In the meantime, feel free to mace, pepper spray, sound cannon, laser heat - I feel like the police just cannot wait to do this. And the Feds are aiding and abetting.

Our civil rights are disappearing, and - TO THE FEDS - things like gay marriage and pot legalization are just "Look! There's a kitten!". YES I know gay marriage is important, please no flames - I am just saying that the feds really could care less, this just gives them cover for doing other bad things.

[WillyT]

12. K & R !!!

[Ramses]

13. "facilitate" demonstrations

What a lovely euphemism for mass arrests. Yea,America is a police state

[bemildred]

14. It is good that they still think that they might need permission. nt