A-Infos (en) US, Modesto, Police Harassment Against D.A.A.A. Collective Continues

[Worker <a-infos-en@ainfos.ca>]

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Doing Anarchist Café in downtown Modesto has always
been rewarding, and it has also been a struggle
against the police. Seeking to stabilize and secure a
safe, open, and well lit space in the downtown where
kids can go on Friday and Saturday nights, we see that
defending the downtown area as important in building a
strong base within the community. Anarchist Café’
includes large amounts of flyers, pamphlets, zines,
political journals, books, t-shirts, stickers, etc. We
also show films via our portable TV/VCR, and usually
give away some sort of snack such as apples,
dumpstered donuts, or Food Not Bombs leftovers. We
also make a point to watch police activity, document
and do Copwatch, and generally provide a sense of
balance between the power the police have in the area.

Police has tried their hardest to remove us from the
area, and have used a wide variety of tactics. In the
beginning, they simply came up and told us that we
could table this week, but “had to ask the city”, and
couldn’t come back until we did. Power outlets that we
once used to plug into to show “Know Your Rights”
videos , suddenly the next week were screwed shut.
Police often stopped by to look at the literature, and
on one occasion took pictures on a cell phone. While
Copwatching, police would use laws in wrong pretextes,
or simply make up rules. Penal Code 148, (which simply
states that you can’t interfere with an officer
arresting some one), would be used for justification
for not allowing us to observe at all while the police
arrested people. Police would say that we had to stay
at least 30 feet away from an arrest, and that
businesses had a right to remove us from various areas
if they complained. Other times officers told us that
we could not hang out downtown unless we were buying
something, and detained collective members just to
give them pointless coptalk. Several complaints have
been filed to this date, but, amazingly, something has
come back to us. On one occasion police threatened one
collective member to, “…Tell your friends that they
can’t [observe us]”. Police then began to try and talk
businesses into kicking us out. One officer simply
walked into a store, and asked if he should move all
the people that were hanging out in the front. He then
came up to us and told us to move, but didn’t tell us
where to go. We then went and talked to the manager,
and when he discovered what we were doing, told the
police officer we had every right to be there. The
next time the police tired this, the manager simply
told him that the group had a right to be there.

In the wake of the January 21st Counter-Inauguration
Protest, police suddenly declared that people who
weren’t buying anything, couldn’t been in the downtown
area. Several people were told this was in response to
the “riot” that happened, other kids were told that
they were simply not allowed in the downtown area
anymore. Security guards would tell us that “pig cop”
stickers that were showing up on newspaper stands,
Starbucks windows, and police cars were another
reason.

A week after the police declared, (without citing why,
or on who’s authority), that people were not free to
go downtown, we decided to go back to tabling. In
early February, a Ceres City Council member stole our
flyers about Andres Raya, and then called the police
on us, (which resulted in the police telling the drunk
man to go home), but until last weekend, we have had
no direct problems with the police. On February 19th,
we were approached by two officers, and this is a
report on what happened:

“[6 members] of the DAAA Collective set up for an
ongoing activity, (‘Anarchist Café’), [at around 7:10
pm,] on Saturday the 19th of February. Anarchist Café’
consists of handing out free political literature and
journals, and also giving away free shirts, patches
and books. Donations are excepted if we are offered. A
steady stream of people took things, and we gave one
homeless couple a t-shirt for free around 7:45 pm.
Around 20 people stopped by the table, talking for
small amounts of time, and took various flyers and
asking what our group does. At around 8 pm, two police
officers, (D. Switzer, badge # 119, and S. Switzer,
badge # 31), walked up and down the 10th street place,
eyeing the table, (which is in fact a banner laid on
the ground), with interest, but made no vocal
complaints to the collective. They later got into
their squad car and left. When they returned at around
8:15 pm, they proceeded directly to the table, and
said to Agent Spitball., (collective member), who was
directly behind the table, “Is this yours”, and “Are
you doing this?”. Spitball replied that the, “whole
group was doing it”. They asked again who the leader
was. After about 10 seconds of this, I rose from the
right side of the banner and asked, now standing
beside Spitball and behind the banner, “Is there a
problem?” The police asked me the same question again,
and I replied once again that the whole group was
doing the activity, (there were six collective members
present), and asked what the problem was. They then
asked me if I was selling the shirts that were on the
table, to which I replied that, “No, the shirts are
not for sale, but by donation, or free upon request”.
Earlier that day a homeless couple that frequents Food
Not Bombs Saturday got a shirt that reads, “We have
cameras too Coppers!”, and includes a picture of a
personal video camera.

The police then stated that we had to pack everything
up because we did not have a permit to be out where we
were, and that we were in violation of a city
municipal code, (G-1.209). I then quickly told the two
officers that Jamba Juice management personally, time
and time again, had allowed us to table to the direct
left of their store, (still in front of), without
complaint. I also stated that we had conversed with
two officers last week, and they had no problem with
the table, and even gave us a direct dispatch line to
police HQ. The two police officers were uninterested
with either of these points, and simply stated that we
did not have a permit, and we were in violation of the
municipal code. At this point, I called Nick Degraff,
the collective’s civil rights advisor, and offered the
phone to one of the officers. The officer, S. Switzer,
replied, “I don’t want to talk to him”. She then asked
to see our id’s, and took my id, and two others, (Josh
, and Rev Terry). They then began to look at them. We
then told the police that we had every right to be in
the downtown area, engaging in free speech, but the
police countered saying that we could not because we
were, “advertising” for the purpose of selling, which
is against the municipal code. We stated to the police
officers that we were indeed not selling anything, and
were there for the purpose of distributing political
information. The police officer, D. Switzer, simply
stated, “It looks like you are advertising”, although
gave no direct reference to what we were advertising.
Josh also talked to the police about the rights of
free speech protected by the Constitution, and the
Pruneyard decision, and also how federal and state
laws override city Municipal Codes. When he mentioned
this, the female officer said loudly and
sarcastically, “Oh thank you!”, and then threatened
him with arrest if he did not stop, (he did).

At this point, I pointed across the street, and made
reference to the many religious groups that gather and
pass out literature, and stated that it appeared that
this was an example of discrimination on the part of
police, and they were targeting us based on our
political beliefs. The male officer simply stated that
it would be resolved in court. I noticed that the
ticket was nearing completion, and I asked if they
were ticketing us, and to who. The male officer
replied that it was to me. I then asked him why the
ticket was going to me. He stopped writing and stated
that, “It looks like you are the spokesperson for the
group, or the leader. You’re the first person who
spoke up”. This is in fact not true, Spitball was the
first person to speak. I also didn’t even identify
myself as a collective member at first, simply asking,
“…is there a problem?”. I then asked again how he
could pick me to receive the ticket, when no person
established themselves as a group leader, and in fact
consistently referred to the fact that the group was
an autonomous collective of individuals. He gave the
same answer.

Shortly then after signing the ticket, we were then
told by the female officer to pack up our things and
leave. We did so, much to the complaints of onlookers
and passersby. We then crossed the street, and went
over a block to our cars. When then left the
downtown.”

We urge everyone to please, take a quick couple of
minutes, and help us do these things:

1.) Call the Modesto Police Department, and Police
Chief Roy Wasden, and tell them to stop harassing the
DAAA Collective, and stopping the free speech and free
association of youth and all people in downtown
Modesto. Call at: (209)572-9500

2.) Email Police Chief Roy Wasden, and tell him yes to
free speech, no to police harassment! Email him at: wasdenr@modestopd.com


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