COPS GO NUTS
AFTER DONUT SOCIAL
By Chris Flash
[September 6, 2008] A political
rally held near the ninth precinct on East Fifth Street on the evening
of September 5 ended in police violence at nearby Tompkins Square Park.
Billed as "The Donut Social," the purpose of the rally was to protest
police violence, as well as the selective issuance and enforcement of
sound permits and arbitrary sound limits set by the police department
for certain political events taking place in Tompkins Square Park
Approximately 150 people showed up at the corner of Fifth Street and
First Avenue, down the block from the precinct house. Starting at about
6:00pm, attendees, forced to stand behind police barriers, could
barely hear the various speakers and musical performers. This was due
to a federal court ruling earlier in the day that allowed the police
department on this occasion to limit the amplified sound level to 70
decibels from a distance of 50 feet.
Initially, ninth precinct
commanders tried to derail the Donut Social by not issuing the required
sound permit and refusing to provide a definite location for the event.
Self-described "Slacktivists" John Penley and Jerry the Peddler were
forced to take the matter to federal court in order to obtain an
emergency ruling against the NYPD. The court ordered the NYPD to issue
the sound permit, but went along with the NYPD's request for the low
and barely audible decibel level. However, Penley told the SHADOW that
at the hearing, federal court judge Lynch told him that he had grounds
for a lawsuit against the police department for selective enforcement.
As speakers addressed the crowd on a wide range of issues, standing
nearby, in addition to two cops perched on the rooftop of a housing
project across the street, were several plainclothes cops. One held a
decibel measuring device, another held a measuring tape, while another
jotted notes on a clip board. Also observing was a member of the NYPD's
legal unit and ninth precinct commanding officers DeQuatro and Ferguson.
The low sound limit required
bands Team Spider, Banji, and the Crack Rock Steady Seven to struggle
to keep their audio levels below 70dbs. Each band constantly turned
down their amps, replaced drum sticks with brushes, and covered drum
heads with T-shirts, all in an attempt to avoid having the rally shut
down by police. Eventually, all amps were turned off and the crowd sang
along with the performers. In the rear of the audience, where the cop
with his decibel reader stood, the sound coming from the stage could
not be heard at all, leading him to put the reader in his pocket.
The last group on stage, Crack Rock Steady Seven, which includes
members of Leftover Crack, immediately galvanized the audience, who had
been anxiously waiting for them. Lead singer Scott Sturgeon, aka Stza
Crack, pointed out the rooftop cops -- everyone chanted "Jump! Jump!
Jump!" Sturgeon declared: "Free speech is not free if you can't hear
it," noting that a passing bus on First Avenue was louder than the
volume at which he was allowed to play. The crowd then erupted and sang
along as Sturgeon performed "One Dead Cop."
Historically, concerts and
rallies in Tompkins Square Park have taken place with no amplified
sound restrictions, regardless of the theme of the events, whether
religious, artistic, social or political. Long despised for their
anti-police and anti-organized religion lyrics, Sturgeon and Leftover
Crack have been harassed and targeted by police, who have gone as far
as shutting down clubs and venues where the band has played,
threatening owners with more shut-downs if they allow the band to play
in the future.
Neighborhood activists note that when Leftover Crack was set to play at
the 20th anniversary of the 1988 police riots in the park on August 3,
police suddenly felt the need to restrict the sound level of their show
to the point of their not being heard 20 feet beyond the front of the
stage. The NYPD has paid no such attention to the higher and audible
sound levels enjoyed by other events in the park in the weeks and
months preceding and following the riot anniversary show. These
included a Christian rock concert and an afternoon of performances by
Theater for The New City, and by the HOWL Festival playing the park
this past weekend. Others point to the NFL-sponsored concert in
Columbus Circle a few days before the Donut Social, with a huge sound
system that blasted their music at well over 1,000 decibels. Tompkins
Square activists have stressed that they only want the same audible
sound levels enjoyed by other events taking place in the park and
throughout the city.
During the Crack Rock Steady Seven set at the Donut Social, donuts were
thrown into the crowd, including in the direction of commanding officer
Ferguson, who quickly retreated toward other cops standing nearby. When
the show ended at 8:00pm, Ferguson sought out the person he thought had
thrown the donuts in order to make an arrest, but Ferguson failed to
find him.
About 30 minutes later, inside
Tompkins Square Park, Sturgeon was performing accoustic songs on his
guitar for a group of approximately 60 fans when an unmarked cop car
slowly drove up. No permit was necessary for this gathering and type of
performance. Two cops who had been observing him spoke with cops inside
the car and then made their way toward Sturgeon, grabbing and carrying
him away without announcing that he was under arrest and without
informing him of any charge against him.
Outraged fans and activists quickly came to Sturgeon's aid, but he was
quickly shoved into the car. The unmarked car was blocked, spit on and
hit by a few bottles, causing cops inside to panic and make an
emergency call for back-ups. As six cop cars and an unmarked police van
arrived, cops began pushing, beating and shoving people to the ground.
A man sitting on the rear of the car holding Sturgeon was arrested.
Another young man, who was accused of kicking a side mirror off the
car, was also arrested after getting roughed up by several large cops.
For half an hour, angry people
confronted the police. An Hispanic man picked up a folding chair being
used for the Howl Festival that had taken place earlier in the park.
Dropping the chair, he was able to evade pursuing cops, but soon after,
he was again chased by plainclothes cops, one of which used a taser
device on him before arresting him.
A sit-down took place in front of a police car, during which cops were
berated for their behavior. Soon, a march on the ninth precinct was
announced, with about 100 people arriving before cops could respond.
They quickly put up metal barriers to keep the angry crowd at bay.
During the stand-off there, National Lawyers Guild representatives were
able to get information from cops about those arrested. They were told
that Sturgeon was charged with "harassment." Standing by for the next
three hours, demonstrators chanted at cops lined up in front of the
precinct house and held signs for passing cars.
The following day, Sturgeon was
released from custody. He told the SHADOW that, in addition to
"harassment," he had been charged with "disorderly conduct" and
"resisting arrest." These types of charges, along with "obstructing
governmental administration," are typically used by cops against
political activists and folks that they generally dislike. Ultimately,
these charges are usually dropped, as they are unwinnable for the
prosecution. (According to Sturgeon, some of the others arrested were
hit with felony charges, but it is expected that these will be reduced
to misdemeanors.)
Sturgeon also told the SHADOW that as he was being processed inside the ninth precinct, he was surprised when several cops expressed their admiration for Leftover Crack and told him they are his fans!
Meanwhile, Penley has filed a motion in federal court to have a special counsel appointed to assist with a lawsuit against the police department, based on constitutional issues. The suit will seek damages over the selective enforcement of decibel limits.
[See video of the events of September 5 at: <http://teamspider.blogspot.com/>]
[All photos on this page by Chris
Flash]