[Hpn] 2 Activists Jailed resisting the Move-along Law

Becky Johnson becky_johnson@sbcglobal.net
Mon, 7 Jul 2003 18:55:42 -0700


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HOMELESS UNITED FOR FRIENDSHIP & FREEDOM
309 Cedar St. PMB 14B -- Santa Cruz, Ca. 95060 -- www.huffsantacruz.org
24hr HUFFline (831) 423-HUFF  or Fax (831)429-8529  e-mail =
rnorse@hotmail.com

=20
Two Refuse To Be "Moved Along"
Activists Argue & Hartogh Jailed,=20
Tables Seized

July 7, 2003
=20

SANTA CRUZ, CA  --  A squad of  Police came twice to the sidewalk in =
front of the Pacific Trading Company Sunday afternoon. Their mission:  =
to arrest political tablers and confiscate political tables, signs, and =
literature.  Why?  Because the tablers had been there more than an hour =
with a "non-commercial display".   City Municipal Code 5.43.020(2) =
provides for $162 fines for the first offense and up to a year in jail =
and $1000 fines for each subsequent failure to "Move-Along" as part of =
the new harsh Downtown Ordinances.

The code defines such a display as "a table, rack, cloth, stand, or any =
structure or object used or capable of being used for displaying =
tangible things, together with any associated seating facilities" for =
the purpose of "any political, civic, religious, or other public service =
or charitable activity, including speech, or the distribution of =
literature..."

Two activist groups, Homeless United for Friendship & Freedom [HUFF ] =
and the Revoluntary Rosa Luzemburg Club of the Peace and Freedom Party =
[RRLC-PFP], had literature and signs on their table urging the public to =
boycott  the Pacific Trading=20
Company and Jackson's Shoes.   Both businesses were instrumental last =
year in pressing for severe restrictions on street performers, those =
sitting on the sidewalk, and peaceful sparechangers at City Council as =
well as the controversial "Move Along" law itself.

The flyers also criticized PTC owners Clark and Carolyn Heinrich for =
their role in persuading the City to spend more than $6600 without =
public debate to fence off  20 seating spaces on the nearby Walnut and =
Pacivic planter structure to drive away "undesirables".

HUFF described these new laws as anti-homeless in that they reduced =
public spaces particular important to poor people, and gave police =
greater selective enforcement powers to target those they or merchant =
complainants wanted to cite.

Steve Argue, the first man arrested on Sunday, was stopped from giving =
out literature describing his prevous arrest for tabling at the same =
spot two weeks before on June 23rd.  Sgt. Loran Baker and a squad of 4 =
officers arrested, handcuffed, and booked Argue into County Jail around =
3:30 PM when he declined to take down the table and "Move Along".

Mr. Twister, a clown using a non-commercial display device 10' away as =
part of his balloon-figures-for-kids act, stood 10' away from Argue's =
tabling spot for three hours through the afternoon.   Police ignored =
Twister.  Mr. Twister explained that he "had the permission" of the =
Pacific Trading Company to violate the ordinance, which seemed to =
satisfy Sgt. Baker.    "I spent 13 years in the Marines fighting for =
freedom; it's two days after the fourth of July; and the only free =
speech is for clowns," said Dennis, a=20
traveller with a huge backpack from South Carolina.  Baker did not =
clarify how permission from a private business could overrule a city =
municipal code applicable to all non-commercial displays.

Stating that the "Move-Along" law was "a violation of our rights of free =
speech and of the First Amendment to the U.S. Constitution", Argue =
declined to sign the ticket.  He asked first to be taken to a magistrate =
to determine if there were probable cause for the arrest.  Baker told =
him he'd have to wait in jail until Monday, though the California Penal =
Code requires a=20
magistrate's clerk to be available in such cases.

Later, Argue reported, police chose to charge him with infraction MC =
5.43.020 (Not "Moving Along") along with "obstructing an officer" (853.6 =
PC) for not signing the "Move Along" citation.   Activists suggested  =
the misdemeanor "failure to sign" charge was both illegitimate and bad =
faith. before taking Argue before either a magistrate or a magistrate's =
clerk as he requested was=20
an apparent violation of  PC 849a.

"Failing to move your political table twice should be charged as an =
automatic misdemeanor,"  said activist Becky Johnson, "But instead they =
charged him with two infractions.   Maybe they don't want to take this =
stuff before a jury."

At 5:05 p.m. Matthew Hartogh,  refused to move a second smaller table he =
had set up whereArgue's table had been  His sign, confiscated by police, =
read "Boycott the Pacific Trading Company for Attacking Public =
Assembly."  Hartogh is a lymphoma cancer patient and a Phi Beta Kappa =
UCSC graduate in Economics as well as a local resident.  He told police =
he would sign nothing,answer no questions, and lay down in a passive =
position.  Six officers carried him to a squad car and shoved him in the =
back seat.  "You're breaking my wrist," he was heard to scream as the =
door closed.

Hartogh and Argue were released on their own recognizance some hours =
later.  Argue goes to arraignment at 8:15 a.m. on July 29th in Superior =
Court at 701 Ocean St.  Hartogh was charged with "not moving along", =
"lying down on the sidewalk", and "obstructing an officer" (either not =
signing the ticket, going limp, or both).  He appears for arraignment in =
Superior Court 8:15=20
a.m. on July 30th.

On Monday, June 30th, Sgt. Baker closed down a video showing of  "The =
Fight for the Costa Brava Planter". which documented half a dozen of =
incidences of Police Harassment with the owners of the Pacific Trading =
Company looking on. Baker cited activists Robert Norse and Jim Ross for =
"audio amplification without a permit"--the first time such a charge has =
been used against a=20
video showing on the sidewalk.  Baker also cited a Hispanic man for =
"sitting on the planter railing" after that man had helped carry video =
equipment for the showing.  During the arrest of Mr.Hartogh, Baker =
pointedly ignored several well-dressed women sitting on the planter =
railing in the same spot.

Norse also reports he received two tickets from 2 of the officers =
surveilling the HUFF table throughout the afternoon of June 24th, one =
for "meter expired" from a CSO who normally does not issue parking =
tickets, and another from the CSO's partner for "jaywalking" on Pacific =
Avenue--an almost unheard of offense.  Court dates have not yet been =
set.

Those who want to address City Council about police behavior downtown =
under the Downtown Ordinances will have an opportunity Tuesday July 8th =
at 1:30 PM when Item #10 on the consent agenda "Exemption Zones" is =
discussed.   Peace-and-justice activist Joe Williams has charged that =
City Council has ignored or violated a series of promises to reexamine =
the Downtown=20
Ordinances and provide clarifying language and to act as mediators in =
disputes.  Councilmembers also repeatedly claimed that their January =
"Move Along" law would not affect political tablers.

HUFF activists will continue their public information campaign and =
boycott throughout the week.  They will be offering free vegan food for =
the hungry on Thursday July 10th at NOON on the Pacific Avenue Sidewalk =
at Walnut Ave. in front of the Pacific Trading Company.

OTHER COSTLY COURTDATES FOR CRIMINAL MISBEHAVIOR DOWNTOWN:

        --  Bubble performer Tom Noddy, arrested Thursday June 26th for =
juggling three lemons in violation of the "No Balls Downtown" provision =
of the Downtown Ordinances, was held for 13 hours in jail, and goes to =
court on July 17th at 8:30 AM.

        --  Robert Norse, cited February 15th for "jaywalking" after the =
5000 to 7000-strong Peace March, goes to court trial 10 AM on August =
22nd.    Norse, cited in April for chalking "No War" on the street along =
Pacific Avenue in erasable chalk, goes to court=20
August 18 8:30 AM.
=20
Article by HUFF staff writers
Steve Argue can be contacted at (831) 454-0272
This article may be reprinted by Non or Not-for-Profit organizations =
which
work for social justice.



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<DIV>&nbsp;</DIV>
<DIV align=3Dleft><FONT size=3D4><STRONG>HOMELESS UNITED FOR FRIENDSHIP =
&amp;=20
FREEDOM</STRONG></FONT></DIV>
<DIV align=3Dleft><FONT size=3D2><STRONG>309 Cedar St. PMB 14B -- Santa =
Cruz, Ca.=20
95060 -- <A=20
href=3D"http://www.huffsantacruz.org">www.huffsantacruz.org</A></STRONG><=
/FONT></DIV>
<DIV align=3Dleft><FONT size=3D2><STRONG>24hr HUFFline (831) =
423-HUFF&nbsp; or Fax=20
(831)429-8529&nbsp; e-mail <A=20
href=3D"mailto:rnorse@hotmail.com">rnorse@hotmail.com</A></STRONG></FONT>=
</DIV>
<DIV align=3Dleft>&nbsp;</DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D5></FONT>&nbsp;</DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D5><STRONG>Two Refuse To Be =
"Moved=20
Along"</STRONG></FONT></DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2><FONT size=3D4>Activists =
Argue &amp;=20
Hartogh Jailed, <BR>Tables Seized<BR><BR></FONT>July 7, =
2003</FONT></DIV>
<DIV align=3Dleft><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV align=3Dleft><FONT face=3DArial size=3D2><BR>SANTA CRUZ, CA&nbsp; =
--&nbsp; A=20
squad of&nbsp; Police came twice to the sidewalk in front of the=20
<EM><STRONG>Pacific Trading Company </STRONG></EM>Sunday afternoon. =
Their=20
mission:&nbsp; to arrest political tablers and confiscate political =
tables,=20
signs, and literature.&nbsp; Why?&nbsp; Because the tablers had been =
there more=20
than an hour with a "non-commercial display".&nbsp;&nbsp; City Municipal =
Code=20
5.43.020(2) provides for $162 fines for the first offense and up to a =
year in=20
jail and $1000 fines for each subsequent failure to "Move-Along" as part =
of the=20
new harsh Downtown Ordinances.<BR><BR>The code defines such a display as =
"a=20
table, rack, cloth, stand, or any structure or object used or capable of =
being=20
used for displaying tangible things, together with any associated =
seating=20
facilities" for the purpose of "any political, civic, religious, or =
other public=20
service or charitable activity, including speech, or the distribution of =

literature..."<BR><BR>Two activist groups, <STRONG><EM>Homeless United =
for=20
Friendship &amp; Freedom </EM></STRONG>[HUFF ] and the =
<EM><STRONG>Revoluntary=20
Rosa Luzemburg Club </STRONG></EM>of the <EM><STRONG>Peace and Freedom =
Party=20
</STRONG></EM>[RRLC-PFP], had literature and signs on their table urging =
the=20
public to boycott&nbsp; the <EM><STRONG>Pacific Trading=20
<BR>Company</STRONG></EM> and <EM><STRONG>Jackson's=20
Shoes</STRONG></EM>.&nbsp;&nbsp; Both businesses were instrumental last =
year in=20
pressing for severe restrictions on street performers, those sitting on =
the=20
sidewalk, and peaceful sparechangers at City Council as well as the=20
controversial "Move Along" law itself.<BR><BR>The flyers also criticized =

<STRONG>PTC </STRONG>owners <STRONG>Clark </STRONG>and <STRONG>Carolyn =
Heinrich=20
</STRONG>for their role in persuading the City to spend more than $6600 =
without=20
public debate to fence off&nbsp; 20 seating spaces on the nearby Walnut =
and=20
Pacivic planter structure to drive away =
"undesirables".<BR><BR><STRONG>HUFF=20
</STRONG>described these new laws as anti-homeless in that they reduced =
public=20
spaces particular important to poor people, and gave police greater =
selective=20
enforcement powers to target those they or merchant complainants wanted =
to=20
cite.<BR><BR><STRONG>Steve Argue</STRONG>, the first man arrested on =
Sunday, was=20
stopped from giving out literature describing his prevous arrest for =
tabling at=20
the same spot two weeks before on June 23rd.&nbsp; <STRONG>Sgt. Loran =
Baker=20
</STRONG>and a squad of 4 officers arrested, handcuffed, and booked =
Argue into=20
County Jail around 3:30 PM when he declined to take down the table and =
"Move=20
Along".<BR><BR><STRONG>Mr. Twister</STRONG>, a clown using a =
non-commercial=20
display device 10' away as part of his balloon-figures-for-kids act, =
stood 10'=20
away from Argue's tabling spot for three hours through the=20
afternoon.&nbsp;&nbsp; Police ignored Twister.&nbsp; <STRONG>Mr. Twister =

</STRONG>explained that he "had the permission" of the =
<EM><STRONG>Pacific=20
Trading Company </STRONG></EM>to violate the ordinance, which seemed to =
satisfy=20
Sgt. Baker.&nbsp;&nbsp;&nbsp; "I spent 13 years in the Marines fighting =
for=20
freedom; it's two days after the fourth of July; and the only free =
speech is for=20
clowns," said <STRONG>Dennis</STRONG>, a <BR>traveller with a huge =
backpack from=20
South Carolina.&nbsp; Baker did not clarify how permission from a =
private=20
business could overrule a city municipal code applicable to all =
non-commercial=20
displays.<BR><BR>Stating that the "Move-Along" law was "a violation of =
our=20
rights of free speech and of the First Amendment to the U.S. =
Constitution",=20
Argue declined to sign the ticket.&nbsp; He asked first to be taken to a =

magistrate to determine if there were probable cause for the =
arrest.&nbsp; Baker=20
told him he'd have to wait in jail until Monday, though the California =
Penal=20
Code requires a <BR>magistrate's clerk to be available in such=20
cases.<BR><BR>Later, Argue reported, police chose to charge him with =
infraction=20
MC 5.43.020 (Not "Moving Along") along with "obstructing an officer" =
(853.6 PC)=20
for not signing the "Move Along" citation.&nbsp;&nbsp; Activists =
suggested&nbsp;=20
the misdemeanor "failure to sign" charge was both illegitimate and bad =
faith.=20
before taking Argue before either a magistrate or a magistrate's clerk =
as he=20
requested was <BR>an apparent violation of&nbsp; PC =
849a.<BR><BR>"Failing to=20
move your political table twice should be charged as an automatic=20
misdemeanor,"&nbsp; said activist <STRONG>Becky Johnson</STRONG>, "But =
instead=20
they charged him with two infractions.&nbsp;&nbsp; Maybe they don't want =
to take=20
this stuff before a jury."<BR><BR>At 5:05 p.m. <STRONG>Matthew=20
Hartogh</STRONG>,&nbsp; refused to move a second smaller table he had =
set up=20
whereArgue's table had been&nbsp; His sign, confiscated by police, read=20
"<EM><STRONG>Boycott the Pacific Trading Company for Attacking Public=20
Assembly</STRONG></EM>."&nbsp; Hartogh is a lymphoma cancer patient and =
a Phi=20
Beta Kappa UCSC graduate in Economics as well as a local resident.&nbsp; =
He told=20
police he would sign nothing,answer no questions, and lay down in a =
passive=20
position.&nbsp; Six officers carried him to a squad car and shoved him =
in the=20
back seat.&nbsp; "You're breaking my wrist," he was heard to scream as =
the door=20
closed.<BR><BR>Hartogh and Argue were released on their own recognizance =
some=20
hours later.&nbsp; Argue goes to arraignment at 8:15 a.m. on July 29th =
in=20
Superior Court at 701 Ocean St.&nbsp; Hartogh was charged with "not =
moving=20
along", "lying down on the sidewalk", and "obstructing an officer" =
(either not=20
signing the ticket, going limp, or both).&nbsp; He appears for =
arraignment in=20
Superior Court 8:15 <BR>a.m. on July 30th.<BR><BR>On Monday, June 30th, =
Sgt.=20
Baker closed down a video showing of&nbsp; <EM><STRONG>"The Fight for =
the Costa=20
Brava Planter". </STRONG></EM>which documented half a dozen of =
incidences of=20
Police Harassment with the owners of the <EM><STRONG>Pacific Trading =
Company=20
</STRONG></EM>looking on.&nbsp;Baker cited activists <STRONG>Robert =
Norse=20
</STRONG>and <STRONG>Jim Ross </STRONG>for "audio amplification without =
a=20
permit"--the first time such a charge has been used against a <BR>video =
showing=20
on the sidewalk.&nbsp; Baker also cited a Hispanic man for "sitting on =
the=20
planter railing" after that man had helped carry video equipment for the =

showing.&nbsp; During the arrest of Mr.Hartogh, Baker pointedly ignored =
several=20
well-dressed women sitting on the planter railing in the same=20
spot.<BR><BR><STRONG>Norse </STRONG>also reports he received two tickets =
from 2=20
of the officers surveilling the HUFF table throughout the afternoon of =
June=20
24th, one for "meter expired" from a CSO who normally does not issue =
parking=20
tickets, and another from the CSO's partner for "jaywalking" on Pacific=20
Avenue--an almost unheard of offense.&nbsp; Court dates have not yet =
been=20
set.<BR><BR>Those who want to address City Council about police behavior =

downtown under the Downtown Ordinances will have an opportunity Tuesday =
July 8th=20
at 1:30 PM when Item #10 on the consent agenda "Exemption Zones" is=20
discussed.&nbsp;&nbsp; Peace-and-justice activist <STRONG>Joe Williams=20
</STRONG>has charged that City Council has ignored or violated a series =
of=20
promises to reexamine the Downtown <BR>Ordinances and provide clarifying =

language and to act as mediators in disputes.&nbsp; Councilmembers also=20
repeatedly claimed that their January "Move Along" law would not affect=20
political tablers.<BR><BR><STRONG>HUFF </STRONG>activists will continue =
their=20
public information campaign and boycott throughout the week.&nbsp; They =
will be=20
offering free vegan food for the hungry on Thursday July 10th at NOON on =
the=20
Pacific Avenue Sidewalk at Walnut Ave. in front of the =
<STRONG><EM>Pacific=20
Trading Company.<BR></EM></STRONG><BR>OTHER COSTLY COURTDATES FOR =
CRIMINAL=20
MISBEHAVIOR DOWNTOWN:</FONT></DIV>
<DIV align=3Dleft><FONT face=3DArial=20
size=3D2><BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; --&nbsp; Bubble =
performer=20
<STRONG>Tom Noddy</STRONG>, arrested Thursday June 26th for juggling =
three=20
lemons in violation of the "No Balls Downtown" provision of the Downtown =

Ordinances,&nbsp;was held for 13 hours in jail, and goes to court on =
July 17th=20
at 8:30 AM.</FONT></DIV>
<DIV align=3Dleft><FONT face=3DArial=20
size=3D2><BR>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; --&nbsp; =
<STRONG>Robert=20
Norse</STRONG>, cited February 15th for "jaywalking" after the 5000 to=20
7000-strong Peace March, goes to court trial 10 AM on August=20
22nd.&nbsp;&nbsp;&nbsp; Norse, cited in April for chalking "No War" on =
the=20
street along Pacific Avenue in erasable chalk, goes to court <BR>August =
18 8:30=20
AM.</FONT></DIV>
<DIV align=3Dleft><FONT face=3DArial size=3D2></FONT>&nbsp;</DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2><EM>Article by HUFF =
staff=20
writers</EM></FONT></DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2>Steve Argue can be =
contacted at=20
(831)<FONT size=3D2> 454-0272</FONT></FONT></DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2><EM>This article may be =
reprinted by=20
Non or Not-for-Profit organizations which</EM></FONT></DIV>
<DIV align=3Dcenter><FONT face=3DArial size=3D2><EM>work for social=20
justice.<BR><BR></DIV></EM></FONT></BODY></HTML>

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