2015 ROCLA White Dove Awards to Nicaragua Solidarity Activists and Immigrant Justice Advocate
The Rochester Committee on Latin America, ROCLA, hosted the
2015 Rice & Beans Gala Dinner and White Dove Awards that honored Jennifer Atlee and Tom Loudon, Nicaragua Solidarity Activists and Directors of the Honduran Accompaniment Program and Dr. Grania Marcus, Immigrant justice advocate and ROCLA Newsletter Editor. After the award recipients spoke, a migrant farm worker shared his history in El Savador and there in the U.S. Also the father of a migrant farm worker who died at his job, shared his story
George Douglass evicted! Shame on Wells Fargo!
On April 1, 2015, George Douglass was forcibly evicted from his home by the Rochester Police Department under the orders of Wells Fargo bank.
An eviction of this magnitude & force, utilizing 10+ police cars and 20 or so officers plus marshal Sande Macaluso and a subcontractor diving a truck with plates from Michigan, hasn't been seen since the eviction of Virginia Henry and before her
Catherine Lennon in 2011.
"I feel violated, I really do. I feel terrible, but I'm going to hold on" said Mr. Douglass.
Community members and Take Back The Land Rochester arrived on the scene to bear witness and support George.
"I just want to thank every one for coming out here, and everything," said Mr. Douglass.
George Douglass evicted! Shame on Wells Fargo!
George Douglass EVICTED! an interview
On March 30, 2015, Take Back The Land Rochester held an eviction defense rally after Mr. Douglass received notice of the impending eviction. Susan Galloway was at the rally and took the video below.
The Facebook call to action read:
With your help we successfully headed off the eviction of George Douglass from his home at 95 Roxborough in the 19th Ward last December. Wells Fargo is coming back for round 2, and has asked the city to evict George this Monday, March 30.
Wells Fargo is banking on vacancies. They know the FHA will pay them with tax-payer money for foreclosed homes if they can scare homeowners out. George is not leaving! And we will be there with an eviction blockade. We need your backing to awaken Wells Fargo to this news. Come out and join us Monday at 11am.
When we fight, we win!
Mr. Douglass has not only vowed to get back into his house, but to fight the bank into giving his home to a community land trust.
"It is my intention--it is my stated intention--to come back to my home," said Mr. Douglass. "I will be back occupying this home before the year is out."
Housing is a human right.
Related: Eviction Protest and Blockade of the Home of George Douglass | Stories of Survival & Resistance: a night with Cheri Honkala | Day one of the eviction defense for Joe Woods' house | Mary Smith Pledges to Stay in Her Rochester Home Resisting Foreclosure by American Tax Funding | Fannie Mae Calls Off Eviction of Renee Madison in Rochester, Amid Community Pressure | Renee Madison at 612 Brooks Ave. Pledges to Stay in Her Home | Victory on Barlett Street: Windom Bey Family Get Back their Home for the Holidays after 18 year Struggle and Several Protests | Victory for the Windom Bey Family; Mayor Intervenes and Halts Eviction! | Community Groups Join Family In Protest at City Hall to Defend Their Home | Amid Protests, City Marshal Grants 10-Day Stay on Eviction of Windom Bey Family | Facing Foreclosure, Leonard Spears Pledges to Stay in His Home | Virginia Henry and Take Back The Land--an interview from 2011 | Take Back the Land's Catherine Lennon Seals Historic Foreclosure Fight Victory | Cathy Lennon is Still in Her House! Nearly 2-Week Old Eviction Blockade Working! The Struggle Continues! | Community Groups Demand Justice for the Lennon-Griffin Family; Lennon Livid Over Fannie Mae "Offer" | Community Groups Demand Justice for the Lennon-Griffin Family | 'This Is Not America': SWAT Team Evicts Grandmother, Community Fights Back (Video) | 7 Arrested in Eviction Defense at 9 Ravenwood Ave. | Cathy Lennon is Still in Her House! Nearly 2-Week Old Eviction Blockade Working! The Struggle Continues! | Local Family and Take Back the Land Announce Eviction Defense | Woman Arrested in Her Front Lawn for "Trespassing" | "We got sold out; they got bailed out!" Anti-Eviction Rally on S. Goodman Street | Take Back the Land Rochester Liberates a Home on CNN
Memory & the possibility of reconciliation: an interview with Mara Ahmed
Ted Forsyth from Rochester Indymedia sat down with filmmaker Mara Ahmed to discuss her new documentary "A Thin Wall" looking at partition between Pakistan and India that was created in 1947.
Using memory, poetry, animation, music, art, and interviews, Ahmed and co-producer Surbhi Dewan, weave together a fascinating story of human commonality and the "universal ache" the continues to emerge from colonial violence.
The interview was conducted on April 3, 2015.
Come see a one-time screening of "A Thin Wall" at the Little Theatre on April 10, 2015 at 7:00pm.
See the trailer below:
A Thin Wall
Related: Indy TV #4: Interview with Filmmaker Mara Ahmed | Pakistan One on One premiere | Jalil Muntaqim Is Still In Attica! | Panelists Discuss Antiwar Movement Then and Now | Islamophobia: The New Racism | Local Jews Join Call for Peace in Palestine
Eviction Protest and Blockade of the Home of George Douglass
Homelessness, poverty and 1000's of vacant homes plague the city of Rochester, NY, meanwhile the foreclosures and evictions continue. As city, county and state officials form a committee to discuss the problem, a home owner, George Douglass, with the assistance of Take Back the Land Rochester and other community members are taking direct action to stop this growing problem by starting a non-violent eviction blockade to keep George Douglass in his home. This is the second time that Wells Fargo has threatened eviction despite Douglass's attempts to renegotiate his mortgage.
Rochester Police harass community space (again)
At approximately 8:47pm, Saturday, March 28, 2015, during a teen party event at the Flying Squirrel Community Space, nine Rochester Police Department officers, using bad intel and apparent racial profiling, confronted organizers, Squirrel members, and event security about the party. The reason why they showed up was not entirely clear.
RPD officer Justin Stewart explained that they came out because of a licensing issue. He said, "The problem is we don't have an event permit because they're [the organizers of the teen party] charging for patrons to come to use your facilities for a specific party."
The officer likened it to Jazz Fest. "I'm using a huge example--but like Jazz Fest--they have a permit for people to enter 'cause there is profit being made. It's similar. It's still a party," he said. "There's profit being made."
Later on in the conversation, officer Stewart announced that the reason they were there was because of a noise complaint. "Ok, I mean the issue is--the reason why we're out here now is because there was complaints about the music and the people hanging outside. So that's why we're here."
One of the seven people doing security took issue with the police explanation: "No, wasn't nobody hangin' outside. That's a lie."
An unknown RPD sergeant, that Rochester Indymedia is looking into identifying, then said, "We're not saying people were hanging out. The call that we got said that people were out here--yes, like you said, when we pulled up no one was out here."
A Squirrel member said they heard a dispatch for a noise complaint at 8:37pm. The video, also shot by a Squirrel member, started approximately 10 minutes later. Rochester Indymedia is looking into the noise complaint.
KW, who wished to be identified by her initials only, stated to the police that the door had been open as people were going up to the party, but no one was loitering outside.
Another reason the police might have come out in force was because of a Facebook listing, posted by someone not associated with the event. Supervising that night, Lieutenant Jason Elwood, showed members of the Squirrel the listing. "So you're talking about 375 people, charging ten bucks--can't do any of this."
The confrontation ended when Lt. Elwood felt that he had been heard and told organizers that, "A couple of my officers will be out here until this thing breaks down."
The Facebook listing had been shown to organizers and Squirrel members about a week before. Officer Vincent Agnone, from the southwest section, sent an email to Squirrel members informing them of the listing and that "at least 2 rival gangs that have been identified are attending." No other information was given. The members of the community space spoke with the promoter to go over the concerns. Both parties felt like they had a handle on the situation and were confident in going forward. Police indicated to the Squirrel that they wouldn't interfere unless something went wrong.
The event, which attracts teens of color, is promoted as a nonviolent space to congregate safely in and have fun. There is dancing, soda and snacks, and parents drop off and pick up their kids. The ages range from 13 to 17.
Let's debrief
Flying Squirrel members met on Monday, March 30 to discuss the issues from the previous Saturday.
Al B., the current events coordinator for the Squirrel, called it what it was: racial profiling. "Had it been a music show that was mostly white, and this rarely happens, a few cops would stop by, ask for the music to be turned down, and drive away." When asked what he meant by "a few cops," he said, "Like one car with one or two officers who don't even get out of the car but politely ask that the music be turned down."
Other members who were there on Saturday night stated that before the white guy with the camera showed up to engage the police, the officers' demeanor was aggressive and demanding--almost like they wanted to start something. Members said that once the camera came out, the cops flipped from aggressive to more relaxed and willing to discuss the situation.
As the teens were leaving in small groups to get into their rides home, an idling police car flipped on its spot light and chased one set of teens with the light beam as they crossed the road. Also, toward the end of the night, police cars would do laps around the block turning on their flashers as they passed the front of the building and then turning them off as they turned down Troup Street or Waverly Place.
There was a lot of frustration at the RPD's lack of communication between sections. How is it that the downtown section had no idea about what the southwest section was doing? Further, why were police acting as tax and licensing advisors?
According to KW, she called the city to get to the bottom of the situation. In a voicemail she left on Monday, March 30, she said, "I actually called down to City Hall and I spoke to the licensing unit and they told me I was perfectly ok. They don't know why the officers told me that." She continued, "But I could definitely charge at the door as a promoter as long as the building I'm operating out of has an entertainment license."
Squirrel member Ted Forsyth reached out to officer David Minnick who handles licensing for events and entertainment on Tuesday, March 31 to ask some questions about licensing and to get a better sense of what happened on Saturday. Update: Officer Minnick returned the call on Friday, April 3 and confirmed what KW had heard from him regarding her ability to charge at the door after negotiating for space from the Squirrel--or any building with a valid entertainment license. He also said he would contact Lt. Wilson on Monday and respond with any new information if it came to light.
Not the first time...
Flying Squirrel members left the meeting feeling that the police arrived that night, based on bad intelligence, racial profiling, and a lack of intradepartmental communication, to harass and intimidate patrons, organizers, and Squirrel members. However, this wasn't the first time that the community space was visited by large numbers of police.
On October 8, 2009, police interrupted a community meeting that was addressing police violence against a nonviolent, anti-war demonstration that occurred the day before, landing 12 people in jail, with some having to get medical attention at local hospitals. Interestingly, then a command officer, now-Chief of Police Michael Ciminelli was also involved in the harassment from October 8.
Then, on June 23, 2011, during a public meeting to discuss support for Emily Good and issues of police accountability, the RPD appeared at the Flying Squirrel, again, to harass and intimidate attendees. Officers were not only seen doing open surveillance of the building as the meeting went on, but a number of officers ticketed three cars parked in front of the space claiming they had received complaints regarding cars parked too far from the curb. All three tickets were eventually dismissed. In this case, Patrol Division West commander, Samuel A. Farina Jr., was fired over the bungling of the eviction at 9 Ravenwood Ave., the arrest of Emily Good, and the pink ruler fiasco at the Flying Squirrel. Two years later, the Democrat & Chronicle reported that Mr. Farina was suing the city.
We're not sure where his lawsuit stands now, but we will continue to document these blatant cases of police misconduct.
&
The video above is courtesy Davy V. at davyv.blogspot.com.
Former political prisoner and UFF member Kazi Toure speaks!
Former political prisoner and United Freedom Front member Kazi Toure was imprisoned for his role in twenty bombings combating Apartheid in South Africa & US Imperialism in Central America.
The United Freedom Front has been considered "undoubtedly the most successful of the leftist [guerrilla groups] of the 1970s & 80s," & struck powerful blows to South African Airways, Mobile, IBM, Union Carbide, & various courthouses & US military targets.
He spoke at the Flying Squirrel Community Space on Thursday, March 26, 2015.
Related stories: Yusef Bunchy Shakur: Restoring the Neighbor Back to the 'Hood | An Open Letter From Black revolutionary Assata Shakur | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14) | Huey Jakhi on the role of women in the movement | Huey Jakhi speaking on "a real dirty devil" in St Louis | Huey Jakhi on life, liberation, and oppressive systems | Reign on white supremacy and police in St. Louis | Revolutionary community organizer Reign speaks! | The Injustice Freak Show | Black Lives Matter: Die-in at Delmar Loop in St. Louis | Ferguson organizers interviewed | "They think it's a game, they think it's a joke!" Ferguson organizers speak!
Ricardo's Birthday Video
Ricardo Adams has been active in building a more just and peaceful community in Rochester, NY. This video was created by Rochester Indymedia to honor our comrade and friend on his 60th birthday.
Homeless advocates take ACDs—Mr. Acuff tasked with clean-up under the bridge
Sister Grace Miller of House of Mercy and Tom Malthaner of St. Joseph's House of Hospitality stood before Judge Thomas Rainbow Morse on February 9, 2015 and accepted what are commonly referred to as ACDs or adjournments in contemplation of dismissal. The third defendant in the case, Ryan Acuff also of House of Mercy, came back to court on March 2, 2015 and accepted an ACD with the condition that he clean up or organize an effort to clean up the garbage left under the Frederick Douglass / Susan B. Anthony Memorial Bridge where Sanctuary Village used to stand. He had been in South America working with social justice movements when he was summoned back by an angry Judge Morse after he was assured by his attorney, Edward Hourihan, that he could leave the country.
Sister Grace, Mr. Malthaner, and Mr. Acuff were charged with criminal trespass in the third degree after being arrested on September 15, 2014, in a second floor office of the Monroe County building on Main Street as they were attempting to reschedule a meeting with Commissioner of Human Services Kelly Reed from September 9, 2014 that had been abruptly canceled by the county.
The charge was reduced to simple trespass for the three defendants at their February 2 hearing. According to Judge Morse, because of the reduced charge, the defendants should not have been fingerprinted. The judge stated at the February 9 hearing that the fingerprint evidence would be expunged from the defendants' records.
All three ACDs are for a six month period.
ACDs are not guilty pleas nor are they proofs of innocence. According to Wikipedia, ACDs “may be offered to a defendant in the interests of justice with a view toward ultimate dismissal of the charge. The judge usually adjourns the case for a period of six months (sometimes a year) after which time the case will be dismissed as long as the defendant has stayed out of trouble [like not getting arrested within that six month period]... It is neither a form of probation, nor a conviction.”
According to The Warshawsky Law Firm Blog based in New York City, “...the weight of authoritative opinion holds that an ACD does not affect a person's right to sue the police for false arrest, false imprisonment, or excessive force.” The blog cites case history to back up it's claim: Hollender v. Trump Village Coop., Inc.; Singer v. Fulton County Sheriff; and Graham v. People.
The blog continues, “The only claims that an ACD defeats are claims that require the plaintiff to show that a criminal proceeding was terminated in his favor. This includes malicious prosecution.” More case law is cited: Daniel v. Safir. “Therefore, a person who accepts an ACD can sue the police for arresting and imprisoning him, but may not sue the police for prosecuting him.”
The Decision
At the February 9 hearing, the judge had a written decision ready and gave it to the defendants. Mr. Acuff got his copy when he returned to Rochester.
When considering a dismissal in the furtherance of justice motion, he noted in his decision that “any disposition short of a trial will leave the question of what really happened unanswered, since a court does not rule on the accuracy of facts in an accusatory instrument” in such a motion. He wrote, “It remains an extraordinary remedy which necessitates that a judge undertake 'a sensitive balancing of the interests of the individual and of the People,'” when considering accepting a motion to dismiss charges in the furtherance of justice.
The judge also noted that the accusatory instrument might have been insufficient on its face based on the way the law was written. Specifically, the judge noted that at the time of the defendants' arrests, the “building was not 'fenced or otherwise enclosed in a manner designed to exclude intruders.'” He also noted that neither the people nor the defendants made any motion or amended the charges in regards to dismissing the accusatory instrument on that basis. The judge wrote that the defendants' argument “loses much of its force when any conviction would be no more serious than a speeding ticket.”
With regards to the character of the defendants and their arrests in the county building as they attempted to find alternative shelter space for the homeless, the judge wrote, “Their history of selfless acts speak volumes about their commendable behavior.”
The judge wrote about the activism of Dr. Martin Luther King, Jr. and how civil disobedience has long been a part of “the fabric of our society.” He noted that this case was not one which, “cries out for harsh punishment should a conviction result from trial after rejection of the People's ACD offer.”
Farther down, he noted that the defendants could have gotten their meeting via a “reasonable alternative”—namely, “to send a certified letter to the county official with whom they wished to meet with an enclosed copy of the entire letter they claim to have received from the county which declared a meeting with advocates 'unnecessary.'” He also noted that if their goal was to make a media spectacle, they could have provided a “letter to various media outlets” outlining what happened and their disapproval.
The judge may or may not have had the ability to mention the history of this conflict in attempting to get the county and city to do its part to stop homelessness. In his decision, Judge Morse offers two alternatives that got advocates nowhere fast. As it was, the county and the city had been playing a cat and mouse game with homeless advocates since at least January 9, 2014—nine months before they were finally arrested when they had had enough. Two of the defendants refused to leave the office on September 15th until a new meeting was scheduled and the third was arrested as he was complying with the officer's orders, according to the defendants' affidavits. The actions advocates had taken in that nine month period included public letters, media events, demonstrations, meetings, and the everyday work that goes into finding shelter and helping to meet the needs of a vulnerable group of people that the city and county had displaced and ostensibly discarded.
The judge noted in the next paragraph that, “Such sincere acts of peaceful civil disobedience are a part of our democratic heritage, as is respect for the rule of law. While granting immediate dismissal might strengthen the former, it could seriously weaken the latter in cases involving broad social issues... .”
I wonder if the law doesn't weaken itself when one looks at the out of control policing in this country, the #BlackLivesMatter movement that pushes back against law enforcement violence, and the recent Justice Department findings with regards to the police department of Ferguson, MO. One could extrapolate, based on anecdotal and limited data that is available, that similar statistical findings might be found here in Rochester, NY and in cities across the country.
Beyond that, we could look to the December 20, 2014 decision by the city to bulldoze the personal belongings and tents of homeless people who were stranded under the Frederick Douglass / Susan B. Anthony Memorial Bridge. A crime was committed there, protected by Rochester Police Department officers and facilitated by city officials. Nothing was done to prevent or hold accountable the officials involved in that conspiracy to deprive homeless people of their possessions and their tents. That conspiracy between Norman Jones, Karen St. Aubin, and the officers who watched and allowed this criminal action to take place on that cold December day under the bridge is in need of investigation, accountability, and meaningful justice.
Democracy is in short order when profits and power trump the rights of people. It's not the law we need worry about here, it is the continued atrophy and deterioration of our so-called democracy.
The judge continued by noting that case law in New York State supports his ruling and that to be a competent judge that the community respects, he must be independent and impartial—not taking sides on a societal issue that is being debated. He denied the motion to dismiss the charges in the furtherance of justice.
You are more than welcome to read the full decision.
February 9, 2015
After the two defendants formally accepted the State's offer of an ACD on February 9, 2015, Judge Morse said, “The case is adjourned on ACD. Six months from today's date it will be dismissed in the furtherance of justice. These cases are resolved.”
The judge then gave some wiggle-room for Mr. Acuff's impending return to Rochester after publicly admonishing him.
“Mr. Acuff is not above the law,” said the judge. “He does not run my court.”
Mr. Hourihan pled to the court, “It would be a considerable expense to have him come back on such short notice, your honor. I request that his presence be waived recognizing that the court was not happy with his non-appearance at the last hearing.”
Judge Morse responded, “I will not sign a warrant for his arrest at this moment. However, if he's not here on the 17th [of February], then it's debatable if Homeland Security will let him into the country.”
“I understand, your honor,” said Mr. Hourihan. “He doesn't think he can catch a plane in time to be here by the 17th but he could definitely be in court on March 2nd.”
“By putting you in the middle of this, it is going to cost him,” said the judge.
“Do you mind if I contact my client and see how soon he can get back?” asked Mr. Hourihan.
Judge Morse said he didn't mind but the court date would be listed as February 17th with the possible latest date being March 2nd. Mr. Hourihan acknowledged the judge's time table and said he would be in touch with both Mr. Acuff and the court as soon as possible.
Finally, Mr. Hourihan complimented the court's written decision in the case. “Your honor, I also wanted to compliment you on your written decision. I thought it was very well thought out, written, and fair—even though we disagree with the final ruling. Thank you.”
Judge Morse acknowledged the compliment and thanked his staff as well for their help with the research.
After court, Sister Grace said about the case, “I think our arrests did what we wanted them to do. The fact that we got what we wanted it turns out—helping the homeless—that's our objective.”
Mr. Malthaner said, “The homeless situation is not over and we're really concerned with what happens after April 30, 2015.” April 30th is the date when Sanctuary Village is to move out of their temporary Canal Street warehouse space that was donated for the winter by Ken Glazer.
Both Sister Grace and Mr. Malthaner expressed their thanks to the community for all of its generosity and vowed to continue the fight to end homelessness in Rochester.
Sister Grace Miller and Tom Malthaner react after court
March 2, 2015
Mr. Acuff's hearing was set for March 2, 2015. He was able to find a way back to Rochester from Ecuador shortly before his case was heard.
I got to court a little late that morning and missed the fireworks that the judge dished out to Mr. Acuff. I asked him what transpired the first time his case was called.
“The judge made it clear that he was upset that I was in South America, while he was very cold in Rochester, NY,” Mr. Acuff said after court. “He was under the impression that nobody was notified so he took it as disrespect to the court, which was not the case.” He went on, “We notified the proper parties but somewhere there was some miscommunication.”
The miscommunication was explained to the judge by Mr. Acuff's attorney, Abigail Norris, who was substituting for Mr. Hourihan.
Before dismissing the case until later that morning, Judge Morse let Mr. Acuff know that the six month ACD was still on the table. However, presumably, after the judge read an article written by David Andreatta in the Democrat & Chronicle from February 27, 2015 complaining about garbage under the bridge where Sanctuary Village had been, he made the ACD conditional upon Mr. Acuff taking responsibility for cleaning it up—promptly.
After court, Mr. Acuff elaborated on the Andreatta article. “The fact that this was in the paper about the bridge—the media has latched onto this as one of the main issues. It keeps following up and most of the stories are very positive. So much awareness has been raised.” He continued, “And even more importantly, concrete action has been taken. The fact that a new shelter was opened up when everybody said it couldn't be done, shouldn't be done, “We don't need a new shelter,”—obviously we do. It's absolutely packed every night. Potentially we've not only bettered many peoples' lives, but we've potentially saved lives.”
I eventually made it to court and witnessed the second time that morning that Mr. Acuff stood before Judge Morse.
The judge seemed relaxed and held a sidebar with Mr. Acuff's lawyer, Ms. Norris, and Shani Mitchell, the Assistant District Attorney.
After the sidebar, the judge explained the conditions of the ACD for Mr. Acuff and noted that a city representative happened to be available to get a dumpster to the site to clean up the garbage.
When Ms. Norris asked how the court wanted proof that the garbage was picked up, the judge replied, “I'll take his word that he's going to do it.”
Judge Morse then thanked the city representative for her help and acknowledged that even as Mr. Acuff was waiting to be called up again, he was busy figuring out how and when the garbage would be cleaned up that day.
The judge also noted, in Mr. Acuff's presence, that his criminal trespass charge had been reduced to simple trespass, a violation.
The process was swift and ended without fanfare.
Andreatta from the Democrat & Chronicle, who wrote about garbage under the bridge, wrote a follow-up piece on the same day that Mr. Acuff accepted his conditional ACD noting that the garbage from the former encampment was “picked up.”
When asked how he felt now, Mr. Acuff said, “I feel relief that's it's over.”
Ryan Acuff reacts after court
See below for a timeline of events, court documents, what you can do, and related stories. When Rochester Indymedia receives the court's decision regarding the judge's denial of the motion to drop the charges in the furtherance of justice, we will share that document here.
Timeline of events:
Date: |
Event: |
March 2, 2015 | Ryan Acuff, the last of the three defendants, stood before an angry Judge Thomas Rainbow Morse for his absense from court. Mr. Acuff takes the ACD offered him by the district attorney on the condition that the garbage left under the Frederick Douglass / Susan B. Anthony Memorial Bridge where Sanctuary Village used to stand is picked up. |
February 9, 2015 | Sister Grace Miller & Tom Malthaner take ACDs. Their cases are dismissed. Judge Thomas Rainbow Morse demands that Ryan Acuff appear in court on sometime between February 17 and March 2. |
February 2, 2015
|
The motion to dismiss the charges in the furtherance of justice is denied by Judge Thomas Rainbow Morse. Ryan Acuff is out of the country and has two weeks to get back to court or a warrant for his arrest will be issued; if Mr. Acuff is not back in 30 days, the judge is considering adding the charge of bail jumping to his case. The charge of criminal trespass in the third degree, a misdemeanor, has been reduced to simple trespass, a violation. |
January 6, 2014
|
Sister Grace Miller, Tom Malthaner, and Ryan Acuff attended a motions hearing before Judge Thomas Rainbow Morse regarding their criminal trespassing charges from September 15, 2014. |
December/January 2014/2015 |
The City of Rochester claimed it had to “remove” Sanctuary Village because it was a health and environmental hazard. Commissioner Norman H. Jones called it an “unheated cesspool of filth, hypodermic needles and human waste and urine.” A “testy exchange” between Mayor Warren and a man from Chili was had; the Mayor's office said that her Twitter and Facebook accounts had been hacked and denied that she wrote the texts. Jenny Brongo filled a dump truck with hope (video coming soon!)—full of goods for the homeless—and delivered it to them at Sanctuary Village. The House of Mercy put out a call for funds so that they could buy a building to house the overflow of homeless people. The organization brought in over $80,000 to develop, staff, and fund a new shelter. People dropped off coffee, food, a Christmas tree, clothing, jackets, blankets, sleeping bags, and so much more. There was an astounding response from every day people who reached out to help. Ken Glazer donated a temporary building for shelter on Canal Street. Final renovations are being done on the Glazer building and people hope to move into it by the end of January. |
December 20, 2014 |
Sometime around 10:30AM, a Bobcat front loader, around twenty-five workers from the City of Rochester's Department of Environmental Services, a roll-off dumpster, a rather large, yellow bulldozer, and a bunch of city trucks arrived with orders to destroy Sanctuary Village and clear the land. Commissioner Norman H. Jones of the Department of Environmental Services for the City of Rochester arrived to oversee how things were going. At one point he told a group of stunned people arriving with goods to drop off that the belongings of the homeless were being put into a “roll-off storage container” and preserved. Rochester Indymedia was on the scene during the destruction. Nothing was saved. The director of the Bureau of Operations and Parks, Karen St. Aubin, was also on the scene and refused to talk to the media. City officials and workers left around 4:00PM with most of Sanctuary Village hauled off in a dumpster. The personal belongings and identification cards of the homeless were destroyed. The video of the destruction went viral The City of Rochester received a lot of bad publicity five days before Christmas. That night, Sanctuary Village was re-created in the same spot. |
December 19, 2014
|
Social workers and shelter representatives came to Sanctuary Village in the evening offering people a warm shelter for the cold night ahead. A couple of Rochester Police Department officers mingled with the crowd. Of the 35 or so people there, all but seven went to a warm shelter for the night. People were told that this was temporary and that they were free to come back the next day. There was also, at least, a tacit understanding among some of those gathered that they may have to relocate by December 28, 2014. |
November 2014 |
The Coalition of Concerned Residents of Monroe County continued to meet every Monday to discuss strategy and next steps. Eventually, the City of Rochester asked Sanctuary Village to move to the east side of the Frederick Douglass-Susan B. Anthony Memorial Bridge. The village vacated Washington Square Park and moved under the bridge. Also in November, Sister Grace Miller and Harry Murray participated in a panel discussion titled: Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent; Cheri Honkala, from the Poor People's Economic Human Rights Campaign, spoke in Rochester at a panel discussion titled, Stories of Survival & Resistance. |
October 20, 2014 |
Sanctuary Village (a tent city for people without housing) was created in Washington Square Park in downtown Rochester, NY as a protest against the city's and county's lack of action regarding the homeless emergency. |
September 15, 2014 |
Housing advocates demonstrated at the Monroe County Building. They demanded a meeting with County Executive Maggie Brooks. Sister Grace Miller, Tom Malthaner, and Ryan Acuff eventually moved to the second story of the building to see if they could reschedule their abruptly canceled meeting with Commissioner Kelly Reed from September 9 after being stone-walled by the head of Public Safety for Monroe County David Moore. The three were arrested and charged with criminal trespass in the third degree. They were arraigned the next day. All plead not guilty. Another open letter was published explaining the arrests. One section reads, “You cannot put handcuffs on the spirit of compassion, generosity, and justice.” |
September 9, 2014 |
Another open letter was published by the Coalition of Concerned Residents of Monroe County alerting the community to the fact that Monroe County had abruptly called off a scheduled meeting that was to have happened with homeless advocates and seven county officials. According to the letter, “The County claimed that it was unnecessary to meet and there were no plans to reschedule. Commissioner Reed claimed she would send Sister Grace Miller from the House of Mercy two links to outside funding sources missing the whole point of the meeting (To date, those links were never sent).” |
August 26, 2014 |
The Coalition of Concerned Residents of Monroe County published an open letter to the Monroe County and New York State reminding the county of its obligation to homeless people under Article 17 of the New York State Constitution. Part of the letter read, “We implore you to reverse the lock out of homeless persons from the Civic Center Garage until Monroe County puts into place a permanent plan to house all homeless.” The letter notes that Commissioner Kelly Reed acknowledged that the shelters are “often full.” |
August 20, 2014 |
After 30+ years of the Civic Center Garage being used as a de facto temporary emergency shelter, the LDC decided to enforce measures to keep homeless people out. A group of advocates demonstrated against the closure by conducting a sleep-in for nearly a week. |
January 9, 2014 |
Monroe County attempted to close the Civic Center Garage to homeless people during one of the worst winters in Rochester history; advocates, supporters, and homeless people showed up at the local development corporation (LDC) meeting (the group that runs the garage) demanding that they stop this immoral action. |
Court documents: Judge Morse's written decision denying the motion to dismiss the charges in the furtherance of justice | (Read the affidavits from the defendants and check out the memorandum of law submitted to the court motioning for a dismissal of the charges in the furtherance of justice.) court documents re: homeless advocates
TAKE ACTION: Donate to A Home for Sanctuary Village (help purchase a house for the homeless with House of Mercy) | Sign the petition! HALT THE EVICTION AND SUPPORT THE HOMELESS OF SANCTUARY VILLAGE IN ROCHESTER, NY
Related stories: Motion to dismiss charges against homeless advocates denied | Homeless advocates look to judge to dismiss trespass charges | "Sanctuary" Photojournalist Arleen Hodge shares from Sanctuary Village | City of Rochester Disposes of Citizens ID's and Other Belongings | Homeless displaced again as City destroys tent city | Stories of Survival & Resistance: a night with Cheri Honkala | Vulnerable Populations/Critical Populations: The criminalization of poverty, homelessness, and dissent | Open letter & video statements from arrested homeless advocates protesting county policies | County Suddenly Breaks off Dialogue With Homeless Advocates | Open letter to Brooks regarding homeless crisis | Sit-In Support at the Civic Center Garage against homeless lock-out | Sister Grace and CW of House of Mercy | 13 Rochesterians | Precarious housing for homless continues at county garage... | "The Throwaways": discussion after the screening | The Deplorable, County-made, Reality of Burials Without Dignity
Edison Tech student athlete files civil rights lawsuit against police
On December 23, 2014, a press conference was held where it was announced that Crystal Chapman, on behalf of her son Raliek Redd, filed a civil rights lawsuit in state court charging that the City of Rochester and several named officers including the name of the arresting officer, Eliud Rodriguez, violated Mr. Redd's constitutional and civil rights. Ms. Chapman and her son are represented by Elliot Dolby-Shields.
Mr. Redd and two other Edison Tech student athletes--Wan'Tauhjs Weathers and Daequon Carelock--were arrested on November 27, 2013, (the day before Thanksgiving) around 9:00am, while they were waiting for a bus to take them to a basketball scrimmage at Aquinas high school. The charges were dismissed on December 3, 2013.
The arresting officer was Eliud Rodriguez--one of the officers involved in the execution-style murder of Israel "Izzy" Andino.
While arresting three high school basketball players for no reason is infuriating, what happened next is outrageous. The complaint explains that the three teenagers were taken downtown against their will, had their handcuffs removed, were placed in a room together with several other officers, and subjected to an "unconstitutional
strip search."
Mr. Redd, Mr. Weathers, and Mr. Carelock--15 and 16 years old respectively--were "forced to take off their clothes and shake each piece of clothing out." The complaint points out that this degrading and embarrassing encounter with law enforcement was in clear violation of the teenagers' constitutional rights and that the officers had no legal basis upon which to conduct such an invasive search.
After the teenagers were strip searched, they were ordered to put their clothing back on and sit on a bench in the police station for approximately four hours. The bench was not located in a holding cell or the Monroe County Jail, but in plain view of the officers named in the complaint, as well as other and "numerous Rochester Police Department officers, sergeants, detectives, and civilians visiting the police station."
One of the unnamed, defendant officers listed in the complaint approached the teenagers and asked what they had been arrested for. The student athletes explained that they had no idea as to why they were arrested as the only thing they were doing was waiting for a bus to pick them up to take them to a basketball game.
This same officer then asked who arrested them. They gave a description matching officer Rodriguez's physical description. The officer, according to the complaint, said that many police officers, detectives, and sergeants know officer Rodriguez by the nickname "Officer Asshole."
Mr. Redd was eventually allowed to call his mother who came to the station. Crystal Chapman, Mr. Redd's mother, arrived and was told that bond would be $200. When she asked why her son had been arrested, the complaint states that the officers had conflicting and apparently fabricated reasons for the arrest.
After she posted bond, she was told that her son would be immediately released. The complaint states that she posted bond around 12:14pm and yet, her son was not released for another two hours. Around 2:00pm, Mr. Redd was released after being humiliated and degraded by the Rochester Police Department and held for nearly five and a half hours.
The Democrat & Chronicle reported on an email sent to them regarding the incident from December 4, 2013: "...the teens were arrested about 9 a.m. Nov. 27 when an officer assigned to a post at North Clinton Avenue and East Main Street saw 'a group of individuals congregating on the sidewalk in front of a store on East Main Street, obstructing pedestrian traffic, and the entrance to the store.' The teens didn't follow an order to disperse, the news release said, and were arrested for disorderly conduct."
In the same article, then-Chief of Police James Sheppard told the newspaper that "...he respects [Monroe County District Attorney Sandra] Doorley's decision but believes the arrest was justified. He suggested that there might be more to the event than has come to light."
Apparently, falsely arresting minors, strip searching them, making them sit on a bench in public view, and holding them for five and a half hours is justified in the former-chief's opinion. Are you sure you want this guy representing you as he runs for Monroe County Legislature?
District Attorney Doorley refused to prosecute the teens and dismissed the charges "in the interests of justice."
No court dates have been set regarding the lawsuit against the police and the city. When one becomes available, we will report it.
Enough is enough.
Related Information: Mr. Red's Civil Rights Complaint against RPD | Appendix to Mr. Redd's civil rights complaint against the RPD | Rally Denounces RPD Murder of Israel "Izzy" Andino! | Police reform group makes policy recs to city for body cameras | Exonerating police misconduct: no accountability in Benny Warr case | What rights? Police brutality in Rochester--a panel | Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment
Yusef Bunchy Shakur: Restoring the Neighbor Back to the 'Hood
On January 29, 2015 Yusef Bunchy Shakur spoke at the Flying Squirrel Community Space in Rochester, NY about the "Restoring the Neighbor Back to the 'Hood" movement and how communities in Rochester can begin to come together and support each other!
Also, long-time local activist and organizer, husband & father, Flying Squirrel collective member and B.L.A.C.K. (Building Leadership And Community Knowledge) member Ricardo Adams received the Neighborhood Warrior Award for 2015.
Check out some of Yusef's writing regarding his experience at a tent city for the homeless in Detroit: Tinsel-Town: Black Eye for white Mayor of Detroit
Related stories: An Open Letter From Black revolutionary Assata Shakur | What rights? Police brutality in Rochester--a panel | Macnore “Damico” Cameron on the phone about his arrest in Ferguson, MO | Black Rose Anarchist Federation Statement and Video on #BlackLivesMatter Movement | URMC medical students participate in national action: #WhiteCoats4BlackLives | A walkthrough of Vonderrit Myers' killing | "The Whole Damn System is Guilty!" From Rochester to Ferguson -- a community report back | No Justice, No Peace--a response to the non-indictment of Darren Wilson | Black Lives Matter March & Rally @ UR: a response to the Ferguson grand jury decision | Ferguson Response Press Conference hosted by UCLM & CPR | Spontaneous protest in response to Wilson non-indictment | Ferguson Revolutionary Community Organizers Speak! | The Results Are In: An Open Letter from Protestors on the Grand Jury Decision (11.24.14) | Huey Jakhi on the role of women in the movement | Huey Jakhi speaking on "a real dirty devil" in St Louis | Huey Jakhi on life, liberation, and oppressive systems | Reign on white supremacy and police in St. Louis | Revolutionary community organizer Reign speaks! | The Injustice Freak Show | Black Lives Matter: Die-in at Delmar Loop in St. Louis | Ferguson organizers interviewed | "They think it's a game, they think it's a joke!" Ferguson organizers speak!