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The police allegedly arrived at the January 6th demonstration to issue citations based on a “citizen’s complaint” from Sean Reilly, a resident in the nearby St. George apartments. He complained because he was trying to sleep, at 2:30pm, on a Wednesday. Sean was in court on July 20th and presumably ready to testify. SCPD officer Lauren Schonfield, who issued the citations, also appeared in court.

Regarding the incident, Robert Norse wrote on Indybay.org, “The absurd contention that First Amendment activity on the street has to be at a low enough volume to not awaken a light day sleeper on the second floor with an open window on a weekday at 2:30 PM on Santa Cruz’s busiest street, is, of course, absurd. This whole prosecution (especially with the unusual involvement of the City Attorney) smacks of a desire to maintain an illegal ‘move along’ policy at the discretion of the police and nearby businesses and residents. [This is] not what the law and the Constitution allow.”

The trial is being heard before Commissioner Kim Baskett in Department 10, located in the basement of the 5-story county building in Santa Cruz. Robert Facer is being represented by attorney Ed Frey, with legal support from Ray Glock-Grueneich. Robert Norse is defending himself.

Ed Frey presented a motion (half page) to the court. This apparently caught both the city attorney and judge by surprise. The city attorney requested, and was granted, 10 days to review the motion. The trial is scheduled to resume on Tuesday, August 3rd at 10pm. Commissioner Baskett explained that the court will hear the case until 11:45am, if needed, and then continue the next morning.

For more information, see:

More Sidewalk Singing Tickets Go to Trial
http://www.indybay.org/newsitems/2010/07/15/18653899.php

Santa Cruz City Municipal Code 9.36.020 Unreasonably Disturbing Noises:

“No person shall make, cause, suffer or permit to be made any noises or sounds (a) which are unreasonably disturbing or physically annoying to people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted. As used in this section, “lawfully conducted activities” shall include, but not be limited to, any and all activities conducted by the city for public health, safety or welfare purposes.”

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This article was published to Indybay.org.

According to supporters, the parade infraction is the latest in a series of police harassment that Wes has received since outing Santa Cruz police officers who infiltrated activist meetings in 2005. Longtime Santa Cruz resident and parade participant Grant Wilson stated that Wes, an outspoken critic of the Santa Cruz Police Department, is being unjustly targeted from a crowd of community organizers, facilitators and participants. Wes is apparently one of three people that were issued a citation for participating in the DIY Parade.

The July 16th hearing, originally scheduled at 1:30 in Dept. #2, was delayed and moved to Dept. #5, and eventually heard before Judge Jeff Almquist. Wes was represented in court by defense attorney Jonathan Gettleman. John Barisone argued the case for the city of Santa Cruz.

Each side called two witnesses to testify on the stand. Kathy Agnone, Special Event Permit Coordinator for the city of Santa Cruz testified on behalf of the city, as did SCPD officer Lauren Sconfield. Testifying on behalf of Wes were two parade participants, including Sherry Conable, an organizer of the Peace Walk which which led off the DIY Parade.

Approximately 30 people attended the hearing in support of Wes, and against what many people view as a clear case of selective enforcement. 30 people seems to be an impressive number of supporters to show up at a court hearing, however Wes has done so many positive things for the Santa Cruz community, therefore it would be more appropriate to have seen hundreds of people calling for the charge to be dropped due to selective enforcement. Read More and View Photos

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While I was finishing lunch in a nearby restaurant, I heard the owner speaking with one of her employees about the expansion of the market, and she was not happy about it. She said that the increased amount of goods and services now being offered each Wednesday at the Farmers’ Market will have a negative impact on her restaurant and other downtown businesses. The feelings expressed by this longtime owner of a downtown restaurant do not correspond with an announcement from the Farmers’ Market which states, “The plans for the new Downtown Market have engendered excitement and full support from downtown businesses located adjacent to the market.”

The Farmers’ Market was also strangely quiet compared to previous weeks. Notably absent was the weekly drum circle and the crowd it attracts. And a vendor was selling artisan bread where for years, Food Not Bombs had been distributing free meals to anyone. Read More and View Photos

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The recipe was right for an amazing night of poetry and performance at SubRosa. UC Santa Cruz is back in session, we’re in a new decade and it was the first Open Mic in a few weeks. For these reasons and others beyond our understanding, some of the freshest and finest artists in Santa Cruz came together to realize an incredible evening of Open Mic talent.

The night was hosted by the legendary Jack, who also entertained with some lines he brought together in his notebook. I don’t know if the artist lineup was planned out or if it came together by chance, but it was a graceful blending of poets woven between musicians and singers. Each performer was alloted five minutes on stage.

As I walked in, a vocalist and guitarist were singing a beautiful song that I didn’t understand in French. Another womyn intermixed poetry with singing backed by a beatboxer in the audience. One persyn played guitar while singing about the friends she misses and a two week romance.

A womyn of small stature brought a large keyboard, and a French accent, through the crowd and onto the stage. Two stools and a scarf were used to support the keyboard as the modest performer melodically sang and played harmonica.

The final performer of the night strummed a guitar and sang about his friends whose lives were heading in a bad direction. Before getting started, he noted that the prior act was a tough one to follow.

The second to last performer began by brushing her teeth on stage, lauding dental hygiene, and lamenting the reality of life without insurance. Then she spoke bluntly about not being intimate with a partner in some months and requested a volunteer. The two began kissing on stage as people blushed, cheered or turned away. Then another volunteer was plucked from the audience for an additional round of kissing. A half dozen people of varying genders took turns making out on stage with the performer.

Attending the Open Mic is a fun way to find friends and locate creative artists. It is also a way to support the only public all-volunteer radical space in Santa Cruz. More information can be found about the weekly Open Mic and SubRosa at http://subrosaproject.org

This article was published to Indybay.org

Without a doubt, they danced to enjoy the present moment, but of greater importance, they were dancing together for a future. A future of liberation and mutual aid, rather than the systems and structures of exploitation rigorously ingrained in them through corrupt institutions. Read More and View Photos

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