The Colorado Index

Denver And The Law

It is no secret that the armies of the Denver police at the Democratic National Convention adopted a policy of intimidation towards people expressing their First Amendment rights.  One cannot say that the Denver police did not telegraph their intentions, from promising to overreact during the convention to producing  unacceptable t-shirts stating "We get up early to beat the crowds."  This week, two cases of Denver police overreaction during the Democratic National Convention returned to the news.

First, there was the case of the ABC producer arrested for filming in public space on the 16th Street Mall.  Apparently, the police did not like the ABC reporter's camera crew filming Democrat donors entering and leaving the hotel.  Now, luckily to say, the government dropped all charges.

Attorneys for an ABC News producer arrested during the Democratic convention say charges against him have been dropped.

Denver police arrested Asa Eslocker on the sidewalk outside a hotel on Aug. 27 while he and his crew worked on a story about lobbyists and wealthy donors at the convention. Police say Eslocker was blocking the sidewalk and an entrance to Denver's Brown Palace Hotel. He faced charges of interference, trespass and failure to obey an order.

Eslocker's attorneys on Thursday praised the city attorney's office for dismissing the charges. Eslocker's attorneys added they "continue to be outraged at the conduct of the individual officers involved in this incident."

The case of a Code Pink protester is hard for me to support.  I find this woman's ideas distasteful, and dislike the tactics of Code Pink in general.  However, the protester refused to plead guilty and is taking her case to trial.

The case of the CodePink activist who was arrested after being shoved to the ground by a Denver police officer in August will go to trial in December. (snip)

On Aug. 26, Forrest and other CodePink activists were asking police officers why they were arresting another protester outside Civic Center park.

Forrest said at time that a Denver police officer poked her twice with his riot baton before using the long end of the stick to push her, yelling at her to back up b---" before shoving her to the ground, where she landed with a loud smack.

The final blow was captured by a Rocky Mountain News videographer. Last month, the Denver District Attorney's office chose not to charge Denver police officer Scott Stewart, saying that Forrest had failed to obey repeated orders to move back.

While I feel that the protester's boorish actions were not admirable, it is not illegal to ask police questions.  However, police officers do not like to have mere citizens videoing and asking questions about police actions, so they arrested her for that.

In the interest of full disclosure, I have a hard time giving the Denver police the benefit of the doubt.  True, as the enforcers of the "law," police perform many distasteful duties.  However, the power of the law goes to many officers' heads, creating the mentality that the police are above the law.  I am tangentially involved in a case right now where the police arrested a close friend.  Since the case is still in progress, I cannot divulge much more information than that.  However, the dehumanizing way that the Denver police treated us and the apparently illegal way they searched his apartment colors my judgment to this day.  However, I will state on the record that the only time someone ever menaced me with a deadly weapon is when the Denver police did it with a gun.

Once the election is over, I will shift focus more toward civil liberties (or the lack thereof).  Police power is force, the strong arm of the government.  Police power grows with government power.  Procedures such as no-knock raids (typically utilized on minor drug offenses) kill many innocent bystanders each year.  Typically, the police then circle the wagons, and internal investigations nearly always clear them of all charges.  Courts tend to give a police officer's word much more credence then the alleged perpetrator's, sometimes with good reason.  However, for one to be entrusted with so much responsibility requires complete and honest dealing with the public and the media.  To me, working for a just and equitable police force goes hand-in-hand with A Watcher's legal ethics reform for judges and lawyers.

by Civil Sense

Even Democrats Do Not Buy Carbon Offset Boondoggle

The organizers of the Democratic National Convention kept touting their "green" credentials.  However, even Democratic National Convention attendees realize that carbon offsets are a boondoggle as Aspen's Canary Initiative raised less than $20 for carbon offsets.

The program, set up by the DNC Host Committee through the Denver Convention and Visitors Bureau and rolled out about a week before the convention started, raised a total of $18.34 worth of Canary Tags, offsetting 0.9 tons of carbon emissions.

The offsets were aimed at DNC-goers other than the official delegates, who had a separate carbon offset program through Vermont-based Native Energy. That program, set up in January through the Democratic National Convention Committee, was utilized by 65 percent of the DNC’s 4,440 delegates.

The official program for DNC delegates went to the school-district-owned wind turbine in Wray that has yet to actually produce any power.

Even with the failure of Democrats to pay indulgences for carbon offsets, Aspen's Canary Initiative  still has hope for future suckers customers via government programs.  In fact, the initiative is a government program itself, as the City of Aspen hosts the Canary Initiative website.

“Any convention that comes to Denver has a way to easily calculate its carbon impact,” said Kim Peterson, director of Aspen’s Canary Initiative.

The Canary Initiative’s Canary Tags program was selected because it has been up and running for several years and has a portfolio of in-state projects. The Denver offset program could eventually partner with a carbon offsetting program through Gov. Bill Ritter’s Energy Office and its Colorado Carbon fund, but the Web site still directs offset purchasers to Aspen’s Canary Tags Web site.

Peterson was hoping funds raised through the host committee for the DNC could be used for a signature project. But that will not be possible, as less than $20 was raised.

“Here’s three (compact fluorescent) light bulbs for the office,” Peterson said.

As a user of compact fluorescent light bulbs myself, I know that the Canary Initiative could purchase six or more bulbs at Wal*Mart for the same price.  However, Aspen's Canary Initiative seems to be more interested in making money from guilty travelers and taxpayer dollars than spending wisely.

by Civil Sense

Mile High Spectacle

Today, people lined up in lines over a mile long to see my favorite current band at Invesco Field at Mile High: Yonder Mountain String Band.

"Adam (Aljala), our guitar player, and I had tickets to see the Red Sox and Yankees at Yankee Stadium," [ bass player Ben Kaufmann ] said. "Honestly, I think this is probably the only thing I could think of doing to make me give those tickets up. And they were right behind home plate. This is better.”

How did they get there?

"We heard rumors a few weeks ago," Kaufmann said. "They wanted a Colorado band and we’ve been doing really well. The last thing I heard was, 'You're in the hat but there are 100 bands. They’ll have to all agree on it, from the governor to Barack [ Obama ].'"

Congratulations to Yonder Mountain String Band for headlining Invesco Field.  However, the concert promoters scheduled the headliner band at the funny hour of 3 p.m.  Apparently, security was a bear as well, since the vast majority of the spectators were still waiting in line while Yonder Mountain String Band played.

Of course, later in the evening, Democrat Presidential Nominee Barack Obama gave his acceptance speech.  The speech contained typical platitudes, various attacks on President Bush and Republicans, and the apparent belief that government can solve every problem in America.  While I will dissect Barack Obama's speech in the future, tonight, I will follow John McCain's example and just congratulate Senator Obama on his historic nomination.

by Civil Sense

Denver Police Overreact, Arrest ABC Producer

Apparently, the Denver Police Department does not like news crews to film on the 16th Street mall.  While tensions are high due to the Democratic National Convention, they felt that a news crew outside the Brown Palace should not film the Democrat politicians and donors as they left.  The Blotter from Brian Ross reports:

Police in Denver arrested an ABC News producer today as he and a camera crew were attempting to take pictures on a public sidewalk of Democratic Senators and VIP donors leaving a private meeting at the Brown Palace Hotel. 

Police on the scene refused to tell ABC lawyers the charges against the producer, Asa Eslocker, who works with the ABC News investigative unit.

A police official later told lawyers for ABC News that Eslocker is being charged with trespass, interference, and failure to follow a lawful order. He also said the arrest followed a signed complaint from the Brown Palace Hotel.

A large tip of the hat to Instapundit, who comments on the situation:

You can't make this stuff up.  And, once again, this just illustrates why we need freedom-to-photograph legislation.

This is quite true.  How can the police arrest a news producer out on the street?  The First Amendment to the US Constitution and the Colorado Constitution protect individual and media rights.  From the Colorado Constitution, Article II, Section 10:

Section 10. Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.

If the producer had cameras film these Democrats on the public sidewalk, then there is no reason to arrest the producer.  In the past, the Denver Police Department arrested many people based upon a signed complaint without investigating if the complaint has any merit.  Perhaps due to the small number of protesters in Denver for the Democratic National Convention, police are more eager to arrest than normal.  However, the Denver Police Department should not abridge one's constitutional rights unless they perceive a clear and present danger.

I will be downtown later tonight and plan to take pictures and movies of various Democratic National Convention scenes.  I will not refuse any police orders to leave the scene as I have no desire to enter city jail.  However, any police officer who asks me to leave when I am lawfully taking pictures or filming will have his name and badge number recorded and reported to the proper authorities after the convention madness ends.

by Civil Sense

City Closes Civic Center Park, Denies Protesters Access

This morning, Denver residents, Democratic National Convention attendees, and protesters awoke to find Civic Center Park surrounded by a chain link fence.  The Post reports:

Civic Center got an overnight makeover, as a chain-link fence was erected that encircles all but the western portion of the park.

An employee for the event management company on site referred all questions to Taste of Colorado, which has a permit to the park through the weekend.

The fence prohibits entrance to the park grounds.

The only problem with this is that Re-create 68 already had a permit for park demonstrations today.  Back in March, Glenn Spagnuolo of Re-create 68 threw a temper tantrum threatened violence when they did not receive park permits for every day of the Democratic National Convention.

[ Glenn Spagnuolo ] said Thursday that he would not respect the host committee's permit and would occupy the park, even if it forced police to intervene.

Referring to the $50 million in federal security money slated for the convention, Spagnuolo said Denver police would need "$25 million to protect the Pepsi Center and $25 million to protect Civic Center."

Though Re-create 68 affiliates won permits for Civic Center on Aug. 25 and 27, the annual Taste of Colorado festival gets to use the park Aug. 28 through Sept. 1, which is Labor Day.

[ Glenn ] Spagnuolo called the permit process "an embarrassment." The Democrats have locked up the Pepsi Center and numerous other venues, he said, so the parks should go to free-speech activists.

 Threats of violence not withstanding, it sounds like Re-create 68 has a valid grievance against Denver since they do have a permit for Civic Center Park today.  The city claims the early closure was not due to the Democratic National Convention protesters, however.

The decision to erect the fence early Wednesday morning was unrelated to the disturbance of concerns that another protest might erupt, said John Harrison, spokesman for the Denver Joint Information Center.

Civic Center was the flashpoint for Monday night's clash between a protest group and police that spilled over into a tense standoff in a block-long area of 15th Street.

The decision to erect the fence early Wednesday morning was unrelated to the disturbance of concerns that another protest might erupt, said John Harrison, spokesman for the Denver Joint Information Center.

While I am no fan of the protesters and believe their actions are counterproductive, the City and County of Denver acts in bad faith when it effectively revokes a permit.  As long as they are nonviolent, these protesters have the right to demonstrate in the public square and speak their beliefs.  Politicians and governments lie all the time, but this level of deception when Denver is on the national stage is completely short-sighted.  At a minimum, this closure gives a new excuse for the small group of protesters to become larger and more confrontational due to Denver's actual abridgment of their rights of assembly and free speech.

by Civil Sense

Will DNC Provide Any Economic Boost To Denver

One positive effect of the Democratic National Convention is that it brought one of my favorite authors, James Lileks, to town. James Lileks blogs the convention for the Minneapolis Star-Tribune and has an interesting take on the economics of conventions.

We’re also told that the conventions are a tremendous economic boon. For hotels and restaurants and bars and taxi drivers who don’t think you know they’re taking the long way, sure. But a tour of downtown Denver off the 16^th street mall reveals a downtown unaffected by the event. I’m sitting in a food court at the moment; it’s noon, and the place is mostly empty. Why? It’s three stories above the mall, and tourists can’t be bothered to take an escalator up when there are so many ground-level options.  

The manager at the suburban restaurant where I dined last night said the impact of the [ Democratic National ] convention was, and I quote, “Zero.” Freeway traffic seems smooth – the hellishly fast run downtown this morning went as quickly as possible, except for the moment when the driver nearly put us all through the windshield when he hit the brakes to avoid a blue barrel in the middle of the road.  Downtown traffic is remarkably smooth, considering that they’ve routed everyone away from the Pepsidrome, and you couldn’t get through the barricades with anything less than an M-1 Abrams.

This is my experience as well.  I've maneuvered in and out of downtown Denver quite easily.  Likely, the smaller-than-anticipated protester turnout helps matters to some degree. However, Thursday I-25 closure will likely still cause gridlock in the city.  All in all, it appears that many (non-retail) businesses closed down for the Democratic National Convention.

As for the promised economic boon to the city, a group of smaller conventions would have made the same amount of money without the radically increased security hassles. Restaurants would likely be just as busy in that scenario.  What the final government price tag for this week will be may never be discovered. However, things seem to be running mostly smoothly for this week's Democrat infomercial/party, and Denver is receiving good press because of it.

by Civil Sense

Protests Mostly Fizzle, Little Drama For Convention

Contrary to previous proclaimations, the size and scope of the Denver protests are quite small.  However, some Democratic National Convention protesters pushed the envelope too far.

At the Denver Mint, a group of protesters held the "Shake Your Money Maker" event.  Ostensibly, the plan was to "levitate" the mint with their minds and shake out the money for the masses.  While telekinesis is fun to watch in the movies, the Denver Mint obeyed the laws of physics and remained firmly planted on the ground.  However, the protesters became angry with Fox News contributor and blogger Michelle Malkin, threatening her with violence and even chanting "Kill Michelle Malkin!"  The Peoples Press Collective has a great 9 minute YouTube video of the event.

Yesterday evening, some anarchist protesters near Civic Center Park refused to disperse, and the Denver police detained and arrested many of them, leaving graffiti on a parking garage door.  This morning, the courts reduced many of the arrested protesters' bail amounts.

Most protesters arrested Monday night and held at the city jail have seen their bonds drop from $500 to $150.

The lowered bonds will likely make it easier for the protesters to get out of jail. Bail bondsmen say they have posted bond for only a couple of those arrested, because most are from out of state. (snip)

Other friends of those arrested, who declined to give their name, said they were relieved to find out the bonds have been lowered. The $500 bond for one friend would have wiped out all the money they had for their return home to Massachusetts.

It is funny how the courts provided a $100,000 bond for a friend of mine arrested on false charges.  The courts did not care about any hardship in obtaining bail.  That said, it would be better to allow these silly children to leave town as quickly as possible than to have them lingering in jail while eating taxpayer-funded meals.

Even with last night's arrests, there are more demonstrators in Denver today. The Peoples Press Collective has more photographs from today.  Many of them enjoy covering their faces while marching against capitalism or whatever other sins America committed.  Perhaps it is to avoid recognition at the next autonomous civil disobedience event.

by Civil Sense

Hype: The Obama Effect Movie Review

Today was my first day downtown to experience the Democratic National Convention.  Traffic was average during mid-afternoon from the north side using Park Avenue, but due to many protests and parades, between Colfax and the Pepsi Center was delayed.

I came here to attend the world premiere of Hype: The Obama Effect at the Denver Pavilions. The 16th Street mall was quite crowded with tourists and police.  Two cars (presumably with Democrat National Convention delegate drivers) turned and drove down the 16th Street pedestrian mall.

The location of the group waiting for Hype: The Obama Effect was quite obvious.

A parade went marching through 16th Street while we waited.  Likely, it was an unauthorized one.  The banner said "No Hope In Capitalism."

The movie itself was tough but fair with Barack Obama's record.  It covered his economic plan extremely well.  His tax increases and government expansion will likely bankrupt the country.  The movie reached too far when it tried to portray Hamas and Louis Farrakhan endorsements of Barack Obama as a negative association.  An idea is not responsible for the people who believe it.  However, this film is quite a substinative biography of Barack Obama's political career.

On the way back to the car, I saw one of a multitude of bicycle policemen groups.  Here is a picture of one group riding down the 16th Street Mall.

Even the World Trade Center had a private security guard in front of its plaza.  There were lots of private security personnel in addition to the increased police presence.

Tomorrow, the Democratic National Convention actually begins.  With all of the police downtown (and their apparent hands-off approach to the 16th Street Mall march), perhaps the détente between the protesters and the police will remain throughout convention week.

by Civil Sense

Peoples Press Collective Reports Ignored DNC News

Today's Denver Post contained a paeon to the Democratic Party today.  This is understandable, as the Denver Post typically is nakedly partisan.  Obviously, the Denver Post is catering to their visiting audience of the Democratic National Convention.

Not included in the online report is a chart of the Democrat Party platforms since 1908.  Interestingly enough, except for Bill Clinton's 1996 reelection year, the Democrat Party platform advocated for small government three times:  1908, 1912, and 1932.  The 1932 Democratic National Convention party platform is especially laughable as FDR's programs vastly expanded the role of government in the market and people's lives.

For those who want to see a more raw perspective on the convention, the Peoples Press Collective is an aggregator of blog posts about the Democratic National Convention.  Many Colorado bloggers will have raw pictures and video of the event.  I am planning to participate as well, looking for the news behind the scripted "news" from the Pepsi Center.

It will be interesting to compare the blog coverage to the dominant mass media coverage.   Hopefully, everything will proceed peacefully this week, but, if not, the blogosphere will be around to cover it.

by Civil Sense

American Victory Coalition Rally For The Troops Press Release

At least one group of demonstrators is stockpiling flags, not feces:

Where:   Pioneer Monument, on the northwest corner of Colfax Avenue and Broadway

When:   Sunday, August 24^th

10 a.m. to 2 p.m.

Americans from near and far will assemble in Denver, CO to show their support for our troops and their missions in Iraq and Afghanistan. For details and updates: www.LookingAtTheLeft.com

American Victory Coalition has a permit for a rally at Pioneer Monument Park in Denver on Sunday, Aug. 24th. from 10 a.m. to 2 p.m. Families United for Our Troops and Their Mission, will be there, as will Vets for Freedom.

SOME OF THE SPEAKERS:

Debbie Lee, (click name for video) Gold Star Mom, is the mother of Marc Allan Lee, the first Navy Seal killed in Iraq. She will be talking with us about her efforts to support our troops, her recent trip to her Iraq AND–the well-known Berkeley City Council quest to rid the city of the Marine Corps’ Recruiting office. With Move America Forward she responded to Berkeley calling the Marine Corps ‘unwanted intruders’.

Major Diggs Brown Jr.  gives patriotic, inspirational and motivational presentations in which he uses his own incredible military experiences to help audiences understand that each of us can make a difference in this world.  Team effort and cooperation play a central part in this stirring story of soldiers and civilians combining their efforts to help disillusioned souls a world away.  You will learn how the Global War on Terror is being won through the compassion of US citizens, the “Winning of Hearts and Minds.”

Vets for Freedom representative Brian Evers served three tours with the Marines in Iraq.

Steve Ward, a colonel in the United States Marine Corps Reserves, has served tours of active duty at Special Operations Command, in Afghanistan, atNorthern Command, at the Pentagon, in Thailand assisting with recovery from the 2004 Asian tsunami and, in 2007, on an assignment in the western Pacific. In August 2007, Ward was called up to active duty in Iraq as part of the 2nd Marine Expeditionary Force, where he served as a military inspector general based at Camp Fallujah. He returned from his Iraq deployment in early February 2008.

     Our goal is to show the world America’s true colors: strength, patriotism and resolve in the war on terror. The Democratic National Convention will be a left wing free-for-all with mass media trumpeting radical anti-war messages. If you respect our troops, their commanders and their mission, this is the opportunity to make your voice heard.
    

Media attention on Americans who actively support victory is almost non-existent. This is an opportunity to change that.  It’s important for the public to see that the “silent majority” is silent no more. Also this rally will be directly in view of the delegates to the DNC, who clearly need to hear this message. The organizers welcome anyone who wants to show their support for victory in the war against Islamonazis and the regimes that support them.