Chicago will pay out $6.2 million for mass arrests at anti-war protest | Fight Back!

Posted by FightBack! News on February 20, 2012

In February, the National Lawyers Guild reached a $6.2 million settlement in the case of Vodak v City of Chicago, which arose from the arrest of 800 protesters on the night the 2003 U.S. invasion of Iraq began. The case is named after Kevin Vodak, an attorney who attended the protest as a legal observer for the National Lawyers Guild. Vodak was arrested along with the protesters.

Under Mayor Emanuel, the city has frustrated attempts by organizers to get permits for protests against NATO/G8. Emanuel has attempted to force drastic changes to ordinances governing protests, trying to restrict the right to protest.

Fight Back! posed questions to Jim Fennerty, one of the lawyers in this nine-year legal fight for the right to protest.

Fight Back!: What is the Vodak case about?

Jim Fennerty: On March 20, 2003 almost 800 anti-war protesters were arrested on Chicago Avenue in Chicago. Prior to the arrest between 10 and15,000 anti-war protesters who were protesting the start of the Iraq war were escorted by the Chicago Police as they marched from Federal Plaza in downtown Chicago over to Lake Shore Drive where they proceeded to walk north on Lake Shore Drive and then exited on Oak Street.

When the protesters exited on Oak Street they were met by a line of police at Michigan Avenue and were not allowed to cross Michigan Avenue or march down Michigan Avenue and return to Federal Plaza. After waiting over an hour the police told some marchers that they could go back the way they came. Others in the march, who could not hear the police, on their own started marching back to Inner Lake Shore Drive and eventually on to Chicago Avenue after being allowed by the police. The marchers again marched to Michigan Avenue where they were met by another police line preventing them from crossing Michigan Avenue or marching down Michigan Avenue and back to Federal Plaza.

On Chicago Avenue the protesters were surrounded by the Chicago Police and detained up to three hours. In the detained crowd, besides protesters, there were joggers, people who just got off the bus, workers who just got off of work and shoppers. The protesters were peaceful and some were chanting that they just wanted to go home. None of the people detained were ever given orders by the police to disperse or an opportunity to leave.

Eventually the police started to arrest people and to put them into police wagons or buses. Hundreds were taken to jail where many were charged with misdemeanors and had to attend court. Hundreds of people taken to jail were released, some spending 40 hours in jail because they could not be identified by a police officer that they were at Chicago and Michigan Avenues. Several hundred others were detained on the street up to three hours before being released.

The Chicago chapter of the National Lawyers Guild called for volunteers to represent everyone who was charged with a crime. After several appearances in court all the people who the Guild attorneys represented had their charges dismissed.

At the same time several of these same Guild attorneys filed a class action law suit challenging the unconstitutional arrest of the people who were arrested or detained on Chicago Avenue. After almost nine years of litigation where over 100 people were deposed, the City of Chicago decided to settle the class action on the eve of trial for $6.2 million.

Fight Back!: Why did the city settle?

Fennerty: Because they knew that they were going to lose big time at trial. Two years earlier a federal judge agreed with the city that the police were immune from suit because the law was not established in this federal district that before you could arrest non-violent protesters you had to give them an order to disperse and an opportunity to leave. Also the judge held that the protesters could be arrested because they were marching without a permit.

On appeal to the 7th Circuit the court reversed the district court judge and held that the law was that protesters could not be rounded up and arrested without giving them a notice to disperse, which all could hear, and an opportunity to leave. The court also held that since the protest was a spontaneous demonstration, they could march without a permit.

Also the police defended the case on their statements that the protesters were violent, destroyed property and were charging the police lines. Nothing could be further from the truth. The police videos showed peaceful demonstrators who, when they got to Chicago Avenue just wanted to go home.

Fight Back!: Does this impact on the plans for the May 19 march against the NATO/G8 War & Poverty Agenda and other protests during the NATO/G8 summits?

Fennerty: Already the City has stated that they have changed their procedures for mass arrests. Recently during the arrest of Occupy Chicago the police have given individual orders to disperse and opportunity to leave before making arrests. Will this mean that during the NATO/G8 protests the Chicago Police will follow the constitution remains to be seen.

Note: the Coalition Against NATO/G8 War & Poverty Agenda (CANG8) won permits from the City of Chicago to rally in Daley Plaza and march to McCormick Place. While the Secret Service is threatening to revoke the permits in service of the National Special Security Event, CANG8 is determined to go forward with a family friendly, permitted march on May 19. CANG8 continues to demand that Mayor Emanuel stop vilifying protesters as violent; that Police Superintendent McCarthy stop threatening protesters with mass arrests and that the Obama administration and Homeland Security Director Napolitano, who is over Secret Service, respect the permits granted by the City of Chicago.

Adbusters Issues New Call to Action: Occupy Chicago for G8/NATO Summit

Published on Thursday, January 26, 2012 by Common Dreams

The Occupy Wall Street movement traces its origin to a call to action in the Vancouver-based magazine Adbusters.

Now, Adbusters has issued a Call to Action to Occupy Chicago for the G8/NATO summitthis coming May:

Hey you redeemers, rebels and radicals out there,

Against the backdrop of a global uprising that is simmering in dozens of countries and thousands of cities and towns, the G8 and NATO will hold a rare simultaneous summit in Chicago this May. The world’s military and political elites, heads of state, 7,500 officials from 80 nations, and more than 2,500 journalists will be there.

And so will we.

On May 1, 50,000 people from all over the world will flock to Chicago, set up tents, kitchens, peaceful barricades and #OCCUPYCHICAGO for a month. With a bit of luck, we’ll pull off the biggest multinational occupation of a summit meeting the world has ever seen.

And this time around we’re not going to put up with the kind of police repression that happened during the Democratic National Convention protests in Chicago, 1968 … nor will we abide by any phony restrictions the City of Chicago may want to impose on our first amendment rights. We’ll go there with our heads held high and assemble for a month-long people’s summit … we’ll march and chant and sing and shout and exercise our right to tell our elected representatives what we want … the constitution will be our guide.

And when the G8 and NATO meet behind closed doors on May 19, we’ll be ready with our demands: a Robin Hood Tax … a ban on high frequency ‘flash’ trading … a binding climate change accord … a three strikes and you’re out law for corporate criminals … an all out initiative for a nuclear-free Middle East … whatever we decide in our general assemblies and in our global internet brainstorm – we the people will set the agenda for the next few years and demand our leaders carry it out.

And if they don’t listen … if they ignore us and put our demands on the back burner like they’ve done so many times before … then, with Gandhian ferocity, we’ll flashmob the streets, shut down stock exchanges, campuses, corporate headquarters and cities across the globe … we’ll make the price of doing business as usual too much to bear.

Jammers, pack your tents, muster up your courage and prepare for a big bang in Chicago this Spring. If we don’t stand up now and fight now for a different kind of future we may not have much of a future … so let’s live without dead time for a month in May and see what happens …

for the wild,
Culture Jammers HQ

# # #

“Sit Down and Shut Up” Ordinances Passed in Chicago City Council

Joe Iosbaker demands right to march on the G8/NATO Summit at City Hall news conference (Fight Back! News/Staff)

Joint statement by Coalition Against NATO/G8 War & Poverty Agenda (CANG8) and Occupy Chicago

At 12:30 today, Rahm Emanuel officiated over the death of the Bill of Rights in the City Council chambers.

Ordinances designed to severely restrict First Amendment rights of speech and assembly were presented on December 14^th.  The stated target was to prepare to repress protestors during the summits of NATO and the G8.

At first, aldermen and the media all agreed that no one would oppose Emanuel on this.

In response to mayor’s attack on civil liberties, the Coalition Against NATO/G8 War & Poverty Agenda (CANG8) joined together with Occupy Chicago and several unions to unite our efforts to defend of civil liberties in Chicago.  By last week, aldermen had felt so much pressure from constituents that they had to speak out.

Emanuel then moved to withdraw first one, and then another, of the most criticized pieces.  Protests continued to grow; Emanuel retreated further; the protests mounted, and he retreated even further.

Finally, a version was reached that the council opposition could vote for, hoping that the movement would not condemn them.  The final version is still a significant attack on democratic rights; its passage is a defeat for our movement.

The mayor has not achieved his true objective, though.  Emanuel looks at the new Chicago he has inherited, with protestors in so many places, and he wants to put the genie back in the bottle.  It’s not possible.

We have the right to protest against war, austerity, and inequality.  Mayor Emanuel, you’ll see us in the streets of Chicago: our streets.

Demand the right to march against NATO/G8 summits in Chicago: National call in day, Tuesday, January 17th

Mayor Rahm Emanuel of Chicago is attempting to clamp down on First Amendment rights to march and speak out against the NATO and G8 summits in May 2012.

Emanuel is trying to rush through the City Council on January 18^th a vote to greatly restrict the right to protest:  raising fines for arrests during protests; making unreasonable demands on protest organizers, such as one marshal for every 100 marchers; a list in advance of all signs and banners in a march; and a list of all equipment for amplification of sound one week before any march.  Also he wants permits for any sidewalk protest, which would be a major blow to unions and community groups.

Also, while the city has granted permits for a rally and march on the first day of the May 19^th – 21^st summits, organizers were told that permits could be revoked by the Secret Service.

We are asking supporters of the march against NATO/G8 to call Mayor Rahm Emmanuel on Tuesday January 17^th.   (If you live in the City of Chicago, please also call your alderperson as well).

Phone number 312-744-5000 

Demand the following:

1) Back off the changes to the ordinances covering protests and public assemblies.

2) Publicly call on the Secret Service to permit CANG8 to use the permit sites granted by the city.

Then, report your call afterwards by sending an email to cangate2012@gmail.com

Background:

On January 12, the City of Chicago granted permits to the Coalition Against NATO/G8 War and Poverty Agenda (CANG8) for a rally and march on May 19. CANG8 is mobilizing against the summits of NATO/G8 occurring in Chicago that weekend. The two summits will be overlapping over 3 days.

CANG8 will continue building broad support for their demands for permits and exposing the NATO and G8 agendas of bankers, generals and heads of state of the wealthiest nations.

CANG8 is planning a family-friendly demonstration to take their message to within sight and sound of the McCormick Place where the summits are scheduled.

On the permit letters to the coalition from the City, a brief waiver statement reads:

Please note that the G8/NATO summits have been designated by the Department of Homeland Security as a Nation Special Security Event, which means the U.S. Secret Service is mandated by Federal law to head the design and implementation of an operational security plan for the summits. In the event the Secret Service designates specific security zones or areas that impact your event location, the Public Building Commission will work with you to find an alternate location for your event.

This threat of the Secret Service intervention is real. It appears the joint city-federal agency overseeing the summits might stop protests from reaching the eyes and ears of the rich and powerful who will be at McCormick Place in May.

In mid December Mayor Emanuel proposed the City Council vote to accept what he called temporary changes to city ordinances to make protests harder to organize and to threaten anyone who speaks up with enormous fines and police repression. In early January, the Mayor flipped the script, apologized for any miss understanding and said the ordinance changes would be permanent.

City council leaders were said to be in the “yes” camp, supporting the mayor, but a continuing pressure campaign that drew in Occupy Chicago, SEIU, the Teachers Union and civil liberties advocates softened their outright support. As reported in the press, on Jan. 12, the mayor’s office witnessed a rebellion by alderpersons who, for the first time, have said “no” to Emanuel.

The city council is scheduled to vote on Emanuel’s ordinance changes at its meeting on Wednesday, Jan. 18. Two committees of the city council are scheduled to discuss the changes on Jan. 17. CANG8 is calling for a national call in day to demand Emanuel stop his efforts to deny the right to protest, and locally we are asking allies to call their alderperson to say no to the changes in the ordinances.

For more information about CANG8, check here

Diverse Coalition to Denounce Mayor Rahm Emanuel’s Assault on the Constitutional Rights of Chicagoans

Joe Iosbaker speaking at Chicago press conference demanding right to to protest at G8/NATO summit. (Photo: Bill Chambers)

FOR IMMEDIATE RELEASE

PRESS CONTACT: Eric Ruder, CANGATE / 773-398-3020 / ericruder@gmail.com

Diverse Coalition to Denounce Mayor Rahm Emanuel’s Assault on the Constitutional Rights of Chicagoans

Press conference planned for Tuesday, January 17, 9 am, City Hall ahead of planned City Council vote on January 18

CHICAGO—A coalition of unions, religious leaders, community organizations and other concerned citizens is set to condemn a package of ordinances proposed by Mayor Rahm Emanuel that amounts to an all-out assault on the civil liberties of Chicagoans.The group will conduct a press conference on Tuesday, January 17, at 9:00 a.m. on the 2nd floor of City Hall (one hour before a budget committee hearing on the proposed ordinances).The new restrictions place onerous limits on the First Amendment right to free speech and assembly, including burdensome permit requirements for even small sidewalk protests, the threat of steep new fines and other provisions that are practically impossible to comply with. The upshot is that almost any organization or group of individuals that wishes to express dissent can quickly find themselves on the wrong side of the law and subject to arrest and fines.Though Emanuel initially claimed that the provisions were solely aimed at planned protests of the upcoming NATO/G8 summit in May, he later admitted that they would indeed be permanent, giving police sweeping new powers to crack down on protests of all sorts.
This is especially worrisome at a time when groups of all sorts—labor unions, community organizations, schoolteachers and health-care providers—are faced with the need to mobilize to defend public education and city services from the mayor’s budget axe.? ?And it sets up a situation that will give police sweeping powers to crack down on the First Amendment rights of the thousands of people expected to protest the NATO/G8 summit that will take place in Chicago, May 19-21.

“Human rights earned by years of struggle and hope must not be vanquished in a moment of fear,” said Rev. Jesse Jackson. “And so we march to preserve that which is intrinsic to the integrity of our nation and our self-worth. I appeal to the mayor to honor time-honored principles of our democracy. The right to fight for our rights is what democracy looks like. So long as our fight is nonviolent and transparent, our rights must be honored.”

“We teach our students that free speech, public protest and civic participation are the hallmarks of democracy in our nation,” said Chicago Teachers Union President Karen GJ Lewis. “The plan to restrict Chicagoan’s First Amendment rights and impose huge fines on those who dare to stand up for what they believe sends the wrong message to over 400,000 CPS students who’ve been taught our civil liberties exist so we might keep those entrust accessible and accountable.”

Emanuel is already responding to the outcry about his broadside against the right to dissent, according to Joe Iosbaker, an organizer with the Coalition Against NATO/G8 Agenda of War and Poverty (CANGATE).?“The tide of opposition to the Mayor’s assault on civil liberties is the reason that the city has granted our permit to march on May 19 during the summit where NATO will discuss its plans for war and the G8 will figure out how to further attack the living standards of working people,” said Iosbaker. “But we will keep bringing pressure to bear until the mayor stops trying to push through his ‘sit-down-and-shut-up’ ordinance that targets the right to dissent for all Chicagoans.”

“From the perspective of a nurse who was arrested while providing first-aid care to protestors, Mayor Emanuel’s aggressive treatment of peaceful protesters this past year has been disgraceful,” said registered nurse Martese Chism. “And with his proposed ordinance changes, he wants to further repress the 99 percent by attacking our constitutional rights of free speech and assembly.”

According to a statement by Occupy Chicago, the proposed ordinance changes contain a “a host of bureaucratic tools, created by and for the 1 percent to relegate, abridge, fine, arrest, and silence our speech. It is an attempt to bully and intimidate with increased police power and fines the brave working people who demand the ability to participate democratically in the organizing of our society. It is an attempt, by the 1 percent, to restrict and regulate the voice of the people when it upsets the structure that put them in power. The timing of the ordinance demonstrates that it has nothing to do with public safety but that its sole purpose is to stifle the voice and trample upon the constitutional liberties of all the people of Chicago.”

Jeff Frank with the National Lawyers Guild will also address the press conference to provide legal detail about the chilling effect of the proposed restrictions on the exercise of free speech.

Martin Luther King Jr. perfectly summed the grave concerns that the above groups have in his “Letter from Birmingham Jail” in 1963. “Sometimes a law is just on its face and unjust in its application,” wrote Dr. King. “For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.”

For this very reason, this broad coalition stands together, united, to demand that the city respect the basic civil liberties that generations have fought to preserve.

# # #

Chicago Indymedia | Activists receive permit for mass march on NATO/G8, but serious issues remain

Common Dreams | Occupiers Target ‘Mayor 1% Emanuel’s’ Anti-Protest Ordinance

Published on Monday, January 9, 2012 by CommonDreams.org

Occupy Rogers Park, Occupy the South Side campaign against Chicago Mayor Rahm Emanuel’s NATO/G-8 ordinance; “This measure is a permanent attack on public protest in the City of Chicago.”

Last month Chicago Mayor Rahm Emanuel introduced anti-protester legislation for the upcoming NATO and G-8 summits in Chicago.

photo: Justin Bianchi

Chicago’s WBEZ reported:

“During the summits, which could draw thousands of protesters, Emanuel wants to increase the minimum fine from $25 to $200 and double the maximum fine to $1,000. His proposed ordinance would also close parks, playgrounds and beaches overnight for longer periods of time.”

This past Tuesday, Emanuel clarified that these measures would in fact be permanent, and not just during the time of the summits. From WBEZ:

In fact, Emanuel said his proposal to dramatically increase fines for protesters who resist arrest – even passively – should be permanent. Some of the other sweeping powers the mayor is seeking – one would allow his office to unilaterally approve some city contracts – would expire once the May summits are over, he said.

This morning, Occupy Chicago reacted harshly to Emanuel’s plan, which they call the ‘Sit Down and Shut Up’ ordinance. From the Occupy Chicago website:

This ordinance consists of a host of bureaucratic tools created by and for the 1% to relegate, abridge, fine, arrest, and silence our speech. It is an attempt to bully and intimidate with increased police power and fines the brave working people who demand the ability to participate democratically in the organizing of our society. It is an attempt, by the 1%, to restrict and regulate the voice of the people when it upsets the structure that put them in power. The timing of the ordinance demonstrates that it has nothing to do with public safety but that its sole purpose is to stifle the voice and trample upon the constitutional liberties of all the people of Chicago. It is the blatant criminalizing of any public assembly that does not serve the interest of the 1%. It is the handcuffing of democracy. Occupy Chicago condemns this ordinance and demands that they be revoked. Those who are on the side of the democracy of the 99% will stand with us.

This morning, Occupy the South Side and Occupy Rogers Park delivered a warning to all of the city’s aldermen, indicating that if they supported the mayor’s resolution, they should expext strong resistance.

From their letter to the aldermen:

As you are no doubt aware, Mayor Emanuel sponsored this ordinance and has promoted it in the media as a “temporary” measure aimed at controlling protesters during specified events taking place later this year. As you’ve surely read, the Mayor has since been forced to retract his claim that these changes were ever meant to be temporary. Another blatant inconsistency is that the ordinance applies to the entire city, while the NATO and G8 summits occur only downtown. Other inconsistencies in the presentation of this ordinance are similarly problematic.

Given what the ordinance actually says, it cannot be construed as an effort to protect the integrity of G8 and NATO conferences. This measure is a permanent attack on public protest in the City of Chicago. The consequences of this attack will be far reaching, and will be felt by protesters throughout the city, most of whom will never have any connection to the protests associated with these events.

As you are also aware, we celebrate the legacy of the Reverend Dr. Martin Luther King, Jr. on January 16, 2012. Dr. King’s legacy is not one of obedience to municipal authorities, but rather the inspiring story of a man who led a community that was willing to face down oppressive lawmakers by violating exactly the type of ordinance the Mayor is asking you to support.

It is difficult to overstate the contrast between celebrating the life and work of Dr. King on Monday, and codifying the suppression of dissent on Wednesday.

Occupy Chicago intends to keep the campaign up until January 18th, when the vote on the ordinances is scheduled.

via Occupiers Target ‘Mayor 1% Emanuel’s’ Anti-Protest Ordinance | Common Dreams.

Potluck & Politics: Dinner Discussion on G8/NATO & Why We Should Protest Them

Saturday, January 14th @ 4pm @ May Day Books @ 301 Cedar Ave. S. (below Midwest Mountaineering) Minneapolis, MN

View Calendar

The Anti-War Committee is organizing a bus to go to the protest of the G8/NATO joint summit meeting in May.  We believe Martin Luther King Jr. would support the protests that demand an end to these organizations’ agendas of poverty and war across the globe.  Honor King’s legacy and take some time during MLK weekend to eat and discuss with others who the G8 and NATO are and what their impact is across the globe.  We will have fun games and food to share.

Organized by the Anti-War Committee.

Download the Potluck and Politics Flyer

FightBack! News! | NATO/G8 Summit to be held at Chicago’s McCormick Place, protests planned

Chicago Sun-Times | NATO, G8 meetings to be hosted in McCormick Place

Posted on December 8, 2011 by The Chicago Sun-Times

By Lynn Sweet

Sec. of State Hillary Rodham Clinton and NATO Secretary General Anders Rasmussen unveil the NATO Chicago summit logo, highlighting the city's skyline. (NATO photo)

WASHINGTON–The back-to-back NATO/G8 meetings in Chicago will take place in McCormick Place with the dates firmed up on Thursday, between May 19 and 21, NATO, the State Department and the city said.

Planning for the events is ramping up, with logos and a website also unveiled on Thursday. In Brussels, Secretary of State Hillary Rodham Clinton–a Chicago native– and NATO Secretary General Anders Rasmussen waxed on about coming to Chicago. The G8 summit, hosted by President Barack Obama is on May 19-20; the NATO session, run by Rasmussen is on May 20-21.

“Chicago is city which inspires, and I have seen that with my own eyes when I visit Chicago, meeting its dynamic people, enjoying its magnificent skyline. Chicago is a city where great ideas are born, as well as great diplomats, like you, Madam Secretary,” Rasmussen said. Rasmussen offered so much praise for the city Clinton said she was going to call Mayor Rahm Emanuel and tell him.

“And Chicago is a city where many cultures come together, including many cultures of European allies. Chicago is a city built upon diversity and determination. And those values underpin NATO, too. So Chicago is a fitting host for the NATO summit as we endeavor to implement our vision of an alliance ready to tackle the security challenges of the 21st century.”

To that Clinton replied, “Well, that was so magnificently said, Secretary General. And you’re right, I was born in Chicago. I love the city. I think everyone will not only enjoy being there because of the NATO summit but also the attractions of Chicago. And we are all looking forward to welcoming you. President Obama is very excited about being able to host the NATO summit in Chicago, and I am going to call the mayor, Rahm Emanuel, and tell him he has a new slogan for the city: the city of diversity and determination. I’m sure that he will be pleased to hear that you coined that, Secretary General.

“So I join you in warmly inviting everyone to come to Chicago in May, when it is absolutely beautiful, for what will be another very significant NATO summit.”

In October, I reported that the McCormick Place complex was the likely venue.The buildings, hugging the Lake Michigan Shore and stretching across Lake Shore Drive, were selected because of the ability to secure the location, the proximity to downtown hotels and the enormous space the venue offered.

The gathering of world leaders, expected to draw some 2,500 journalists to Chicago, will be a chance to throw a global spotlight on the city for visitors and provide historic educational opportunities for students and residents.

NATO unveiled its logo in Brussels on Thursday; the State Department designed the G8 logo. The Chicago G8 NATO host committee’s new web site is http://www.chicagog8nato.org/

“The NATO and G8 summits present an exciting opportunity to showcase our extraordinary city to the world,” Mayor Rahm Emanuel said in a statement. “Hosting these summits puts the spotlight on Chicago as a city on the move and an unparalleled destination for travel, tourism and business.”

“The Chicago G8/NATO Host Committee is making plans for a variety of programs to engage and include residents in the historic events,” Lori Healey, Executive Director of the Chicago G8 NATO Host Committee said in a statement.

“This is really a tremendous opportunity for Chicagoans to show the world how we can come together in support of major events like we have done in the past.”

The Chicago G8/NATO Host Committee, “is working under the auspice of World Business Chicago, a non-for-profit organization focused on economic development which serves as the legal entity leading the private sector G8 and NATO activities and operations.”

It is very rare for one city to host both a G8 and a NATO meeting; the last time was more than 30 years ago. This is the first time a NATO summit in the U.S. has been held outside of Washington

The “Group of 8″ consists of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States