Occupy Capitol Hill | Here’s state’s argument for booting Occupy Seattle camp — UPDATE: EVICTED

Thurston County Superior Court Judge Christine Pomeroy is expected to decide Friday afternoon whether to grant a temporary restraining order to halt Seattle Central Community College from creating an emergency rule banning the Occupy Seattle camp from its Capitol Hill campus. Below are details of the state’s argument for going ahead with the ban.

The Thurston County hearing was expected to begin at 2:30p. We’ll update with details as soon as possible.

We reported more on the background of the case earlier this week in the wake of the vote by Seattle Community College trustees to institute a 120-day emergency rule banning camping on the SCCC campus.

In a document filed this week, State Attorney General Rob McKenna’s office detailed its argument against the injunction request — at the top of the list: the AG says Occupy’s Patricia Sully is not an attorney and not a student of the school so she can’t legally represent Occupy Seattle. The full defendant’s brief is below.

Doc

Subscribe and support CHS Contributors -- $1/$5/$10 per month

39 thoughts on “Occupy Capitol Hill | Here’s state’s argument for booting Occupy Seattle camp — UPDATE: EVICTED

  1. The state’s arguments are stunning:

    * Reports of dog and human excrement on the ground adjacent to the encampment with one student slipping on poop next to the camp? Who ever heard of excrement on the sidewalks near Pike and Broadway?? Who ever stepped in any??

    * Dirty toilets at SCCC? Yet they were so CLEAN before Occupy!

    * Drug dealing and illicit drug use? On Capitol Hill???

    The arguments by the state are weak and do not show why Occupy protesters should be denied their right to peaceably assemble and petition the government for a redress of grievances, as enshrined in the First Amendment. Let’s hope that Judge Pomeroy is reasonable and respects the Bill of Rights, and grants the restraining order to Occupy Seattle.

  2. Wow. That’s a shame. A thank-you to Aliana and the OSers who helped clean up the graffiti at 26th and Judkins.

    The comment thread is the first time I’ve seen OS openly disclaim the 23rd and Alder squat, and the graffiti. If OS would insist on nonviolent protest as a fundamental tenet and move away from the antisocial Autonomia types trying to hijack the movement I would absolutely devote more time and resources to the cause.

  3. The state is denying OS their “right” to camp and not their right to peaceably assemble. Those two “rights” are not one and the same.

  4. I’m really curious about the art/swapmeet/installation that’s taking place at the end of the block neumos is on. Whenever I go by there during the day there always seems to be a single person stacking or organizing. There’s just a lot of random stuff strewn about.

  5. it seems like every legitimate protest around here brings out these “anarchist” clowns who don’t give a shit whose property the damage, whose cause they give a bad name to or who they hurt in general.

    It’s too bad, really.

  6. In a way it already has. Soap dispensers had been destroyed (it happened after the protestors arrived. Before that I have never seen one broken at the school). The lawn they are camping has basically been destroyed by them.

  7. God why are the Seattle occupiers so dumb?

    Westlake Park is a park. The Seattle Parks department doesn’t want to keep us down. Seattle Central doesn’t want to keep you down either. They are just pissed that there are 150 ish people squatting on their property, destroying their property, causing problems for their students, committing health code violations, and generally bothering everyone in the immediate neighborhood. They aren’t the “new world order.” They aren’t the secret police. They are a SCHOOL.

    Also, to those providing the sarcastic remarks like “ohhh drugs on Capitol Hill? This is new.” or “Homeless people on Capitol Hill? Never.” Sit back and think for a second. Yes, crime, drug use, and homelessness is part of everyday Capitol Hill, but not to this extent. There are probably at least 100 new homeless people on Capitol Hill now (well, not anymore) and more than likely much more visible drug use.

    Dude, why don’t you guys get that we aren’t mad at you for the message that Occupy WALL STREET has presented. We are severely annoyed by the fact that you, as OS, have accomplished nothing. You have alienated your base. You have defaced local businesses. You have disrupted the lives of those that you supposedly support. (What if any of your stunts made someone late to work and they got fired?). You are costing us money by defacing SCCC. You are costing small business owners money by spray painting their property. You are costing us money by creating situations in which such a big police presence has been requested. Yes, it has been requested. Not by “the man.” Not by Paul Allen. Not by Jamie Dimon. This response has been requested by normal citizens.

    There was a good point made on CDNews. Why don’t you occupy affluent neighborhoods? I know, Seattle is big, and Capitol Hill is somewhere that you have heard of on digihitch, but there are other more affluent places. In case you were wondering, here is a short list:

    Madison Park, most of Queen Anne, Magnolia, a small portion of NORTH Capitol Hill, all along Lake Washington Boulevard, etc.

    Figure it out. People aren’t afraid of the change that you haven’t worked toward. We are just tired of you trashing our neighborhood under the guise of protecting us. We know what we want. You don’t. You had a chance. You didn’t take it. You are done here.

  8. I completely agree!
    Our community had been really patient and Seattle has given them time to organize and establish. But they haven’t done anything. I also feel those who want to actually produce change have gone to Olympia by now. Now what’s left are vagabonds and dirtbags. I’m a student at SCCC and I’m tired of the OS attitude that they are doing the public a favor while they trash my school and neighborhood.

    PS- I’m doubtful all the families and kids are really going to appreacite you creeps and a**holes plowing through the Figgy Pudding caroling contest. Sucks to start the holiday activities with OS’ temper tantrum of a protest.

  9. What I see out of all of this is a pretty good example of trying to wish things away. In spite of that, however, Occupy is still here. There are people occupying various parts of the city, teach-ins go on daily and the educators, healthcare workers, unions and other groups that have allied with Occupy still keep on keepin’ on.

    Your remarks might have had teeth if this had been snuffed out in its first week or its first month. It hasn’t been. And after weeks of cold and wet weather, Occupy is still here and intends on staying here in one form or another.

    As far as “normal citizens” requesting police action — why? Is it a civil society that requests actions that have been decried by watchdogs, cited by oppressive egyptian security officials and have gone on unchecked for weeks with the same small group of people digging for rationalizations as to why such force is necessary? If it isn’t because the campus is dirty (messy SCCC campus? Perish the thought!), it’s some nebulous traffic problem. How many of you cared much about the state of the SCCC campus before this? More than that, how many, *sniff*, people have lost their jobs due to traffic snarls from accidents, weather or Seahawks games?

    Trying this broadbrush approach is going to ultimately fail.

    As far as Occupy’s success goes? The sheer number of occupations around the country have changed the conversation considerably. Not even the Dems elicited so much fear out of GOP talking heads in this current federal election cycle, nor has there been any protest in the last couple of years that has so dramatically shifted the national conversation.

    Occupy Seattle is imperfect but we’re not going away. :)

  10. oiseau – Yes, yes exactly.

    For a social movement to be effective and to make real change, not just change the way we talk about things in a few media cycles, it has to be perceived as legitimate by the people it’s trying to support.

    Not perceived as legitimate by the people doing the action, but perceived as legitimate by those it purports to support.

    To Alexjon-

    Occupy Seattle has not succeeded in this. Occupy Wall Street did to an extent, but Occupy Seattle’s taken easy routes out. You’re occupying SCCC because you could get away with it. It doesn’t make sense politically to do so. It’s not anywhere near the elite! If you’ve read William Domhoff’s who rules America, it’d be quickly clear that community college students are not likely to become the elite. Cap Hill, at least that area, is known for artists, musicians, and the LGBTQ community. These are also not elite groups full of power.

    If it was supposed to be friendly territory, then you know better when someone does not give their consent (as SCCC did not).

    These are groups that could be imposed upon, who struggle to mobilize resources, who do not always get their interests legislated. It’s the same actions that the elite have done. We recognize them well because they are familiar.

  11. So well put…Thanks

    This afternoon, I was looking at the row of eight porta-potties and the mountain of garbage in front of the communities most beautiful building thinking, how can you not interpret this mess as a giant fuck-you to everyone that lives and works here on Capitol Hill….

    Yep, congratulate all your success here….

  12. Yet the First Amendment says nothing about the presence of tents voiding the right to assemble, only that the assembly be peaceable.

    Which they have been — until the cops wade in swinging their clubs and spraying their pepper spray.

  13. @etaoin shrdlu

    the presence of tents may not void your right to assemble but the government does have the right to put parameters around when and how you exercise your rights. this from the washington branch of the aclu:

    “The government has the authority to make reasonable restrictions on the time, place, and manner of certain speech activities if there is a compelling reason to do so.”

    you can read more about it here. nobody’s 1st amendment rights have been taken away. just the right to camp; which i can’t seem to find as protected in my copy of the constitution.

  14. YAY! ANOTHER MARCH!!! What for this time, oh that is right, no one knows, or cares. I love marches and parades! Marches solve everything!

  15. So, basically since nobody in Seattle did anything specifically to wreck the economy, nobody in Seattle should say or do anything about it, right? Protests are dumb and everyone should shut up and play along.

  16. As a committed occupier who doesn’t camp I’m going to say what I shouldn’t, I actually think this is going to be a good thing. Up to this point, this camp has been a huge liability for us and a massive energy suck. The 24-hour community did provide a lot of direct service to marginalized people and provided a great opportunity to network. I’ve met so many organizers, union members, community college professors, street youth, independent media gurus and community activists because there was a congregating place that we could meet at any time of day. But, it took so much organizing efforts to just keep the camp alive that, I personally believe, it dragged us off-topic.

    I think when you see this liability fade away, you’ll be left with hardcore protestors, the organizing structures that’ve been forged at the camp, but without this energy suck. You’ll still get to attend (or have to tolerate) protests around the city, but I think they’ll be more on message, and more aware of who they’re impacting. You’ll see more coordination and forethought and less spontaneity. You’ll see more creativity and direct action targeted at winning hearts and minds rather than just getting noticed.

    Well, that’s my hope anyway. Sorry to all those who the occupation has created problems for and I hope it’s next incarnation can be all of the message you support without the logistical hindrances. Solidarity.

  17. Ms. Sully is not an attorney and cannot represent OS. And she could not even write a valid complaint on behalf of herself. I love seeing the law handed to someone who so self righteously and naively thought she was in the right. Go back to school and try again!

  18. They will not occupy affluent areas because we have the resources and drive to remove them. Simple as that, the hands that feed the machine also get to steer it. We pay more in taxes than the entire oc camp will make this year. Honestly, the 1% is too busy managing the money they stole, its the 8% behind them that you really have to worry about. There are more middle managers than there are CEOs, and we make 95% of the decisions.

    Stay out my hood and keep upsetting the 50%, you start snooping around here and cans of whoopass will be taken off the shelf and opened.

  19. So, finally, they will be gone from SCCC. Good riddance!

    Who will pay to restore the lawn after the camp dissolves? Of course, the answer is SCCC and we, the taxpayers.

  20. Friends;
    The wealthy powers that be can do all the evicting and all the pepper spraying that they want to. But the simple fact is that they will never be able to evict the IDEA that the wealthy big corporations have gone way too far in their search for profits at the expense of the environment, other species on this planet, and at the expense of taxpayers whose money and sons and daughters are being used for WARS for PROFITS for BIG OIL and GAS conglomerates… And THAT IDEA is TRUE, and HERE TO STAY!! And us “OCCUPIERS” will find places to go, NO MATTER WHAT, to continue to do the best we can to MAKE the WORLD a BETTER PLACE for EVERYONE on this BEAUTIFUL PLANET!!

    Thanks for Listening
    Peace and Love
    Loudmouth Karaoke Brad