The Occupy San Jose protest was arrested in the wee hours of Friday, October 21. Below is an email sent to the OSJ-Legal mailing list which they requested to have reposted widely.
The San Jose Mercury News published an article, San Jose: Eight Occupy Wall Street protesters arrested, one cited
San Jose police arrested eight Occupy Wall Street protesters and cited one man in a wheelchair early Friday for violating a city ordinance that forbids camping out on city property.
Sgt. Jason Dwyer said the arrests came about 3 a.m. near Fourth and Santa Clara streets at San Jose City Hall Plaza, where protesters have been complaining about corporate greed for more than a month as part of a nationwide movement.
… "Basically, this comes down to a sanitation issue," Dwyer said. "There is just a lot of trash and public urination and it can be very unsanitary."
The article goes on to quote Shaunn Cartwright disputing the characterization from the police
"There is no trash," she said. "We are very conscientious. I have personally picked up the trash myself. We take away all our trash and we recycle. We use the bathrooms of local businesses and we even clean those bathrooms because they've been so nice to us."
----- Original Message -----
*From:* Daniel Mayfield <mailto:Dan@...>
*Sent:* Friday, October 21, 2011 6:41 AM
*Subject:* [SBM] Occupy San Jose Busted 3:00 am Friday morning
See the below note from Tom on the OSJ legal team
At 3 am 8 police officers (on overtime?) and 5 police cars arrested and
transported to county jail the protestors outside city hall in San Jose
One person in a wheel chair was cited and released the others were all
taken to jail in apparent violation of PC 853.6(i)
More importantly all of their belongings were taken by the Police.
Because of cut backs the SJPD property room is not open until Tuesday
IF the individuals taken to the jail are not released from the jail (
and the DOC does a better job on releasing felons than they do for those
in on a misdemeanor) the they will have to stay in custody until at
least Monday and probably Tuesday.
This was clearly a coordinated well thought out plan. The day was picked
(Friday morning) on purpose and the confiscation of the food , money ,
tents, was no accident.
Please remember that the city has on at least two other occasions
allowed people to "occupy" the city plaza area where they have been in
agreement with the content of the protestors speech. Here since the city
was threatened by the content of the speech the city has chosen to
selectively enforce the ordinance.
theordinance itself is probably unconstitutional because it does not
contain a process for granting a waiver of the fees associated with free
PLEASE DISTRIBUTE THIS MESSAGE -- NOTE THIS IS NOT JUST BEING SENT TO
LAWYERS. MEDIA AND OTHER INTERESTED PEOPLE ARE INCLUDED. HENCE IT IS NOT
A SECURE LIST. LAWYERS INTERESTED IN WORKING ON THE CASE CONTACT ME OR
THE OSJ LEGAL TEAM AT MY OFFICE
Daniel M Mayfield
Carpenter and Mayfield
Phone (408) 287-1916. Fax (408) 287-9857
This message is for the intended recipient only. It is from the law
offices of CARPENTER AND MAYFIELD. Any interception, detection,
infection, inspection, hoodoo, voodoo, sneak and peak, or any other
unethical or unconstitutional spying on the part of the U.S. Department
of Justice, Homeland Security, FBI, CIA, NSA, or any other alphabet
agency, is strictly prohibited. Violators will be prosecuted, punished,
and publicized. If you have received this email in error please destroy
it and let me know of my mistake.
Thank you for your cooperation
Begin forwarded message:
> *From:* Thomas Higgins <vetlaw@...
> *Date:* October 21, 2011 4:37:13 AM PDT
> *To:* osj-legal@...
> *Subject:* *[OSJ--Legal] OSJ in jail*
> *Reply-To:* OSJ Legal Committee <osj-legal@...
> Cracker, Jerome, and about ten occupiers were arrested, placed into a
> paddy wagon, and transported to jail. Elaine and I are going to try to
> salvage the tents, etc.
> Legal may need to take further action re jail. Press.
> More later.
> OSJ-Legal mailing list