9.19.2013

Disclaimer of Attempted Neutrality

Regarding the Merritt Landry case, which involves a home-owner's shooting of a juvenile  I have remained neutral at all protests regarding both Merritt Landry and Marshall Coulter.

The following serves as a summary of my involvement with any protests related to this shooting, as well as my intentions for attending the hearing and protest tomorrow and documenting it on this blog.  It is my intention to continue to remain as neutral as I possibly can. I also reserve the right to clarify in advance that I am not in any way involved in organizing protests related to Merritt Landry and Marshall Coulter. 


I received an email that includes the following information "Tomorrow - Friday - there will be a probable cause hearing for Merritt Landry at 2pm at the Orleans Parish Criminal Building. 2700 Tulane Avenue."

I plan to attend this hearing and want to make it extremely clear that I am going as a neutral observer. I also attended a rally on August 22 as a neutral observer, yet it was unclear to many that this was the case.

After I attended the August 22 event as a citizen journalist and wrote about it on this blog, I was contacted by the crime reporter for the Times Picayune and was quoted. The crime reporter contacted me because he "had not been following the story." The August 22 counter-protest that took place during a rally labeled "Justice for Merritt Landry" was heavily misconstrued by New Orleans mainstream media and those who responded to it. There were a few groups involved in the counter-protest that day. I have already commented on my blog that “some anarchists” were loud enough to shut down the Justice for Merritt Landry rally. At the rally, the news crews kept turning around every time the counter-protest would chant ‘No Justice No Peace’ or ‘You Killed A Child’ or other chants, and the Justice for Merritt Landry rally people weren’t really able to articulate their ideas to the press in many instances. From a neutral perspective, I can say the counter-protest was effective. If the group went to the Landry rally to “shut it down,” they accomplished that. Whether or not one agrees with their message, the tactic worked. 


Since then, I've been described as the person who organized the counter-protest that occurred during the Justice for Merritt Landry rally on August 22. This was not the case at all.




I rarely read NOLA.com comments because they're usually so hateful, but I read the comments posted beneath the article I was quoted in.  Apparently this group of people wrongly believe that "Occupy nutjobs" were counter-protesting, that I organized the counter-protest, and that I did so due to misplaced grief about the death of my dog in 2011. 




There were no people identifying as "Occupy" at the event. Interestingly enough, people who were once involved in Occupy NOLA actually supported both sides. Most of the counter-protesters were not involved in Occupy for the past year, if ever. 



Since I have remained neutral about how I personally feel about the shooting, there is absolutely no reason for someone to speculate about my motives or my long-haired Chihuahua who broke off the leash a neighbor was holding in 2011 and was hit by a drunk driver and killed.

Tomorrow, I plan to attend the hearing and understand there will be a protest occurring. 


The September 20th protest is being promoted on Facebook and a public event has been set up for it. This protest is being organized by The Louisiana Ecosocialists and Reverend Brown. This is the only protest that I am aware of scheduled for September 20, and it is being organized by a few Ecosocialists and Reverend Brown and to my knowledge does not involve some members of the community who led the very loud counter-demonstration on August 22th.

This protest, scheduled for Friday, September 20th at 2pm, at Orleans Parish Criminal Court Building, Tulane and Broad has been pitched as follows:


From Syria to New Orleans: Stop the Violence! (how it's being promoted in some Facebook groups).





I have several issues with the way the protest is being promoted. First, I see no reason to connect this court appearance to war with Syria. It appears to be an attempt to get anti-war activists to show up at Merritt Landry's court appearance so there will be more people there, but Landry's court appearance is just not the appropriate place to go when protesting violence in Syria. Merritt Landry's court appearance will not influence military intervention with Syria.

The email that's being sent to various listserves includes the following:








Protest Against Merritt LandryJustice for Marshall Coulter and Families of Homicide Victims
Friday, September 20th2pm, Orleans Parish Criminal Court Building, Tulane and Broad
Merritt Landry shot 14 year old Marshall Coulter in the head for trespassing on July 26th, 2013 in the Marigny. Marshall Coulter now suffers from severe brain damage and remains hospitalized. There will be a probable cause hearing for Merritt Landry on September 20th, and there will be a rally on that day calling for justice and opposing any form of vigilantism. Vigilantism only compounds the problem of criminal violence. Recently, at a rally on August 24th, families of murder victims came together to deplore Marshall Coulter's shooting. We call on the judicial system to work to solve cold case murders. We call for the creation of a public works program and jobs for all.


I'm not sure how Merritt Landry's court appearance relates to Cold Cases. It dismays me that the protest scheduled for September 20 is focusing on the same issues some Ecosocialists seem to trumpet regardless of context.  The demands of  "jobs for all" and "public works programs" could potentially connect to an anti-crime agenda, but I have seen countless protests and rallies at which these same Ecosocialists emphasized these demands even when they were not related to the actual protest. A July 26th NSA protest ended up including these demands despite my attempt to focus on the NSA. That protest was specifically supposed to be about the NSA and violations of the 4th Amendment, but due to the public response to the Zimmerman verdict, the Ecosocialists chose to include "Justice for Trayvon Martin" in the demands. There had already been a few successful marches for Justice for Trayvon Martin in New Orleans, and they had not been organized by the Ecosocialists.  

It may sound like I'm criticizing the motives and organizing techniques of a few activists. My intent is to offer a critique of the approach the Ecosocialists are taking and to explain why I would not be supporting this particular protest even if my intention was to remain something other than neutral. Even if I were to publicly take the side of those demanding "Justice for Marshall Coulter" I do not support going into a court room and demanding a public works program and an end to violence in Syria at Landry's hearing. This bait and switch technique happens all too often with some protesters, and if one thinks Marshall Coulter is a victim, using the fact that he was shot to voice political demands that do not relate to Marshall Coulter is the opposite of Justice for Coulter. Taking up this cause and using it to promote a political agenda and unrelated causes is disgraceful and insulting to Coulter.

This September 20th protest's lack of focus on anti-crime programs and NOPD reform does not escape me. Robert Morris of Uptown Messenger has a great article in this week's Gambit. He reports that the New Orleans City Council and state politicians are considering tighter scrutiny of the NOPD


"In a city where the pace of new anti-crime programs is matched year-for-year with funerals for children slain by stray bullets, some New Orleans City Council members and state lawmakers are discussing ways to determine whether any of the efforts underway are actually working.


The creation of "Saving Our Sons," "NOLA For Life" and the Multi-Agency Gang Unit have been bookended by the deaths of 2-year-old Jeremy Galmon in 2010, 2-year-old Keira Holmes in 2011, 5-year-old Briana Allen last year, as well as the deaths of 1-year-old Londyn Samuels and 11-year-old Arabian Gayles just days apart at the end of this summer. All were struck down by gunfire."


The concerns Morris raises connect (to me anyway) to the concerns Captain Black has been addressing regarding people not getting upset and rallying when a black on black crime happens. This is a dialogue that seems far more relevant to the Landry case than War with Syria or demanding a Public Works Program does.

I would like to see anti-crime activists open a dialogue around this issue, and I'd like to see serious police and prison reform in New Orleans, but that issue is not being addressed by those organizing the protest scheduled for September 20. Since some who were demanding Justice for Merritt Landry have demanded NOPD and OPP reform, it appears the Ecosocialists have abandoned those causes in order to counter-protest. What's happening is division, not unity, and I suspect it's because the actual agenda of the Ecosocialists is political.

NOTE: NOLA Socialist Alternative is not the same group as the Louisiana Ecosocialists and this criticism is not directed at the SA people. I am in no way aware of any protests that may occur and could include members of the anarchist community, but I have already explained that if
 people want to protest the people supporting Landry because they believe it is wrong to do so, I understand that and generally support people standing up for what they believe.



9.15.2013

Free Salvador Perez – Louisiana Artist Held on 11k Bond for Political Art #SpringSal #JailSupport

I first learned about Lafayette artist Salvador Perez on September 12. Sal is an artist who was arrested for using his art to make a political statement in Lafayette, Louisiana.
In his article 9/11 ‘vandal’ still in jail; cavalry mounts, Walter Pierce reported:
“Thirty-five-year-old Salavor Perez, known variously as Sal and Ace, had a hearing Friday morning during which a judge let his $11,000 bond remain the same and ordered a public defender be appointed to the rogue artist. Perez is facing charges of criminal damage to a historic building (the memorial is a building?) and criminal trespassing (in a public park?) — charges that aren’t sitting well with some in the community who, while they might not condone Perez’s message, support his method.

‘I believe heavily in freedom of speech and artistic expression; it’s something that’s recently been shown to be under constant attack,” says Crawford Comeaux, 30, Lafayette programmer/techie. “I don’t feel that had the content of what he’d done been different and more appealing to the masses, he would be receiving the treatment that he’s receiving right now.’

Perez’s content — painted cardboard airplanes crashing into the World Trade Center beams and a President George W. Bush effigy holding a wad of cash in one hand and remote control in the other — conveyed the assertion that the United States Government orchestrated the attacks of 9/11 in pursuit of darker albeit vague goals. It’s known as the 9/11 Truth Movement — adherents are often mockingly referred to as “truthers” — and it has been a robust undercurrent in American conspiracy theory since virtually Sept. 12, 2001.

Comeaux says he isn’t a truther, but supports Perez’s use of art in generating public discourse. “I don’t ascribe to the theory; I kind of think that what he did was, yeah, a little bit distasteful and potentially disrespectful, but at the end of the day that’s not what we define our laws by — we don’t define our laws based on whether or not I agree with your opinion or find it in poor taste.”

Perez’s case has garnered international attention. England’s Daily Mail picked up the story, peppering its coverage with negativity in referring to Perez’s actions as a “callous crime” and a “vile prank.”

We inspected the monument closely Wednesday afternoon after the cardboard pop art had been removed by police and, aside from a few scuff marks that might have been caused when the beams were climbed to affix the airplanes, there’s no discernible damage to the monument and certainly no lasting damage. So, we wonder aloud, is the criminal damage charge really warranted here? Comeaux also pointed out that wreaths, flowers and other tokens were placed at the monument and created as much damage as the “art” Perez is accused of placing there. It really is the message, right?
One IND reader, in an email to us, registered his frustration:

Did 9/11 take place in Lafayette? Does the monument pertain to any aspect of cultural history in Acadiana? Does a Bush quote in French make sense on a monument to an event that inaugurated such vehement anti-French jingoism, to the point where a people of French origin ignored their own cultural history? It’s just a piece of tourist kitsch.

Comeaux and others are trying to raise money to cover Perez’s bail and to hire him an attorney to fight the charges. They’ve established a Facebook page, SpringSal, as well as a Twitter account @Spring_Sal  and are seeking donations.”

The installation included cardboard planes with references to New World Order conspiracy theory. The cardboard cutout of George W. Bush that did not appear to be touching the monument shows him holding a remote control and a wad of cash. The art implies that “9-11 was an inside job” and even if people disagree with the message, this arrest and 11k bond is still an attack on the First Amendment.



Image from KATC

Sal Perez faces criminal charges for adding cartoon commentary to and around a 9/11 sculpture in downtown Lafayette. The memorial is in Parc San Souci, a public park. There are no fences or ropes around the memorial. Since the installation was removed, the memorial has been adorned with wreathes, balloons, and notes, which police and government have no problem with. However, Sal’s ridiculously high bond is set at 11,000.  A public defender is currently handling the case, and at this point it’s unclear what building he’s charged with damaging. At times the memorial itself has been referred to as a “building.”

Right now, the Spring Sal support network is focusing on is trying to bail him out of jail. They still need over $400, but they’ve been working round the clock to raise what they have so far. On Saturday, September 14, a creative demonstration about Free Speech took place at Lafayette’s downtown artwalk. Supporters welcomed those attending artwalk to exercise their First Amendment and express themselves by writing on cardboard speech bubbles.

 


 







It’s difficult to understand the charges Sal is facing without considering that they are politically motivated.


The charge “Criminal Destruction to a Historic Building” includes the highest bond – $10000.  The “destruction” might be from when he allegedly damaged the roof of a building in Park San Souci when the put up the 3rd installation near the 9/11 memorial (a cardboard sculpture of a rat with a missile). Neither the building nor the 9/11 Monument is listed as historic in the National Register under Lafayette or under National Historic Landmarks. 






It is unclear at this moment whether the monument is being considered a “building.”

The other two charges are both Criminal Trespassing and each include $500 bond. One of the criminal trespassing charges might be for allegedly climbing on the building that isn’t listed as “historic” near the 9/11 memorial. I have not seen any evidence of the alleged damage to that building. The other criminal trespassing charge appears to be from a recent incident that happened when Salvador was allegedly caught trying to sleep in an abandoned building. The building he was trying to sleep in was a closed down Mexican restaurant on Johnston Street in Lafayette and was not historic.


He was trying to sleep there because he is homeless.

These charges are possible due to the wide interpretations of “graffiti” and “defacing” as defined in Section 1. of  R.S. 14:56.5 enacted by the Legislature of Louisiana, which defines crime of criminal damage to historic buildings and landmarks by defacing with graffiti.

Criminal damage to historic buildings or landmarks by defacing with graffiti
A. It shall be unlawful for any person to intentionally deface with graffiti any historic building or landmark, whether publicly or privately owned, without the consent of the owner.
B. As used in this Section, the following terms shall have the following meanings:
(1) “Deface” or “defacing” is the damaging of any historic building or landmark by means of painting, marking, scratching, drawing, or etching with graffiti.
(2)”Graffiti” includes but is not limited to any sign, inscription, design, drawing, diagram, etching, sketch, symbol, lettering, name, or marking placed upon any historic building
or landmark in such a manner and in such a location as to deface the property and be visible to the general public.

There is no mention above as to whether the symbols need to be permanent or adhered to the landmark in a way that makes them hard to remove. It appears that being visible to the general public could warrant a “Criminal Destruction of a Historic Building” charge.

The “crime” in question is reminiscent  of sidewalk chalk or “chalkupy” arrests. Sidewalk arrests also target creators of non-permanent art that gets labeled as criminal graffiti or criminal destruction of property. In Florida a federal court declared that writing political messages in chalk was protected under the First Amendment. Hopefully the political speech expressed by Salvador Perez in the form of cardboard sculptures will receive similar protection.

If someone had decorated the monument with cardboard hearts and angels that said “Never Forget,” it’s highly unlikely that the artist would have been arrested. If someone had put an American flag on it, I doubt they would have been arrested.

The Daily Mail notes that Perez’s “criminal history also includes charges ranging from disturbing the peace to resisting arrest.”

I’ve watched the Spring Sal network grow over the past few days, and hope many others will view Sal’s arrest as a violation of the First Amendment and an attack on political speech.
His support network has started a  Spring Sal Facebook page with the following description:
We feel [Salvador Perez] Ace was unjustly charged because of the content of his art. We’re passionate supporters of our freedom of speech, regardless of our personal feelings about his art. We are raising money for a legal defense fund for Ace because artistic expression must be preserved.
Click the FundRazr button on the page to donate now!
Earlier this week, the support network stated:
“We feel that it is unjust to place limitations on what can and can’t be placed on public spaces based on political views. At this moment there are wreaths, notes and balloons taped to the monument. The city is ok with that but not this political art just because they find it offensive.”

Supportive letters for Salvador Perez can be sent to the following address:

Lafayette Parish Corrections Center
Salvador Perez: 13-9085
PO Box 2537
Lafayette LA 70502


Hopefully, Sal’s support network will be able to #SpringSal soon. They are collecting donations for bail @ http://bit.ly/springsalnow

The cardboard planes are no longer attached to the monument as they were on September 11th, and Salvador Perez should not be facing a two year sentence.





Please share this, and check in with the #SpringSal network!


With love and solidarity,


@small_affair

The loss of freedom for one is a loss for all. Jail support is hard on the heart. We are activists, actively agitating against the world as it is currently established. Only a part of that conflict takes place in our streets. The majority takes place in our hearts, and our love of and for our fellow humans bolsters us through the cold nights in and outside of jails. It soothes us as we nervously wait to visit our friends who have been taken from us. Just as Occupy Chicago is the glue that binds the systemic struggles together, jail support keeps us strong and dedicated to one another, even through the heartbreak of visiting comrades through walls and television communication units.
~ Quote from Natalie Solidarity