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#Chalkupy Continues In Austin

3:10 pm in Uncategorized by Kit OConnell

The Crackdown on Chalk

Austin Police Department Joins State Troopers in Targeting Chalk

More on MyFDL: The Crackdown On Chalk, More Unconstitutional Copwatching Arrests

During the week leading up to Occupy Austin’s October 6 birthday, the group participated in the Cop Block’s Chalk The Police Day of Action. We began by chalking at Austin City Hall, where the police monitor was in session and in honor of a recent court ruling that said bans from City Hall were unconstitutional. As we chalked, we were confronted by security guards who insisted that City Hall was private property, and therefore we were engaged in illegal graffiti. We continued to chalk, pausing only to quote court rulings backing up our right to chalk. The group left as bicycle cops began to converge on the site.

Chalk on the APD Headquarters: Murderers

Austin Police Department Headquarters, October 1 2012 (Photo: Jeff Zavala / Zgraphix.org / Austin Indymedia, used with permission.)

We stopped briefly at One America Center, the office building which houses both a Chase Bank and Strategic Forecasting. After a short chalk adventure there, we visited the Austin Police Department headquarters. An audacious chalking of the word ‘Murderers’ on the building would win Cop Block’s Best Location Award and the enmity of the police. As the group left the premises, police arrived in multiple vehicles, a transport wagon, and on bicycle. The whole group was detained on 6th Street, the nearby club district.

Though police had no grounds to make arrests for chalking itself, they confiscated two boxes of chalk as evidence and made two arrests. One was a man who had past traffic warrants. The other was Peaceful Streets Project member Lynn Foster. Though Lynn only filmed and did not chalk, police arrested him when he refused to identify himself. According to Pixiq, this is legal under Texas law:

He was charged with failure to identify, which according to Texas law, is an offense if the suspect refuses to provide his name after he was lawfully arrested on another charge or if he refuses to provide his name if he is a witness to a crime.

Police confiscated his camera, the fourth Peaceful Streets Project digital video camera stolen by Austin Police since the police accountability summit.

Texas Department of Public Safety’s Lips Are Sealed

Two activists in handcuffs with State Troopers on the grounds of the Texas State Capitol.

August 9, 2012: Audrey Steiner and Corey Williams are processed on the grounds of the Texas State Capitol after being arrested for chalking a public sidewalk nearby (Photo: Kit O'Connell, all rights reserved).

The first set of Chalkupy-related arrests occurred when Texas Department of Public Safety State Troopers nabbed Audrey Steiner and Corey Williams from the sidewalk across the street from the Texas State Capitol. Both were arrested for “criminal mischief” — a class C misdemeanor though the DPS threatened in the press to increase charges to class B — but when they reported to court for their first hearing, no record of their charges could be found. The Troopers neglected to file their charges, or perhaps hope to withhold them for a later day as a threat.

John Jack Anderson, photojournalist for the Austin Chronicle, filed an open records request seeking DPS documents containing the word ‘Chalkupy.’ Despite the lack of charges, the DPS refused to provide the documents on two grounds:

Because this is an ongoing criminal case, the release of potential evidence would interfere with the investigation and prosecution of this case.

[and]

Revealing the requested records would provide wrong-doers, terrorists, and criminals with invaluable information concerning the methods used by the Department to detect, investigate, and prevent potential criminal activity and could jeopardize security in the Capitol Complex.

Are chalkers wrong-doers, terrorists, criminals or all three? The open records request now gets sent to Texas Attorney General Gregg Abbott, whose office will decide how to respond.

Thanks to Zgraphix.org / Austin Indymedia Center for their coverage of Occupy Austin’s Birthday Week

The Crackdown on Chalk (#Chalkupy Austin)

12:53 pm in Uncategorized by Kit OConnell

“No reasonable person could think that writing with chalk could damage a sidewalk.” Ninth Circuit Court of Appeals (Mackinney v. Nielsen 69 F.3d 1002, 1995)

What’s happening in this country?

Two activists in handcuffs with State Troopers on the grounds of the Texas State Capitol.

Audrey Steiner and Corey Williams are processed on the grounds of the Texas State Capitol after being arrested for chalking a public sidewalk nearby (Photo: Kit O'Connell, all rights reserved).

I know this is a question we ask frequently on these pages. Every day, some new offense against basic freedoms comes to light, further shaking faith in the basic principles of our constitution. I thought I was jaded, but what happened in Austin last Thursday shook me — not just because chalk merits police response, but because of the intensity and overwhelming force being used to strike at one of the simplest, most transient forms of expression possible.

By now most of us have heard of the crack down on chalk which occurred in Los Angeles in July, when Occupy Los Angeles passed out chalk to a monthly Artwalk event and the gathering found itself under attack by violent riot police retaliation. Activists decided to pass out chalk at the Artwalk in the first place because of almost two dozen arrests for chalk in public places just in Los Angeles. Not a single one of these arrests has resulted in charges.

From an Occupy Los Angeles press release:

Participants of Occupy LA’s Chalk Walk wonder why the Los Angeles Police Department continues to arrest them for chalking when the City Attorney has declined to prosecute any of the chalking arrests.

One Occupier wonders, “If the so-called crime is not worth prosecuting, then is it worth making the chalk arrests in the first place?” and then adds, “LAPD harasses us with these arrests to intimidate us.”

Occupy activists say that LAPD had made nearly twenty arrests for chalking related to Occupy but has failed to make chalking arrests at non-occupy events including an event the Mayor handed out boxes of yellow chalk to be used on the “sidewalks,driveways, and any blank canvasses” including the streets of Sunset Blvd in traffic at night for a fundraiser for Lance Armstrong’s art campaign, “Hope Rides Again”, sponsored by Nike.

The crack down is not limited to Los Angeles, but appears to be occurring nationwide. Activists in Orlando recently won a lucrative lawsuit against the city for wrongful arrest in a chalk-related arrest of an Occupy Orlando member. Occupy New Orleans members fled from police during their chalkupy event. While the crackdown may be political in nature, not just activists are getting caught up in it — a mother in Richmond, Virginia faces 50 hours community service because her daughter chalked some rocks, and two teens in a Philadelphia suburb were ticketed for drawing a sea turtle and a whale in chalk. Which brings us to Austin, where two people were arrested Thursday and face uncertain charges for expressing their right to free speech.
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