Since the tree sit-in near Harrison Circle started on March 13, 2015, cops have been growing more aggressive to supporters who come to City Park to show resistance towards the golf course development. Cops have photographed people showing support for the tree-sitters repeatedly, photographed cars, threatened and harassed activists and people walking their dogs in the park, and spent hours guarding a fence.
I'm working on a "Know Your Rights" flyer for City Park that takes the City Park rules, which I've included below, into consideration. There are a lot of Know Your Rights flyers and resources online, but the curfew situation with City Park and what is and is not an area one is allowed to be in after sundown and contradictions in what the police are saying to supporters inspired this post.
Things supporters say about cops around Harrison Circle and the "Wild Is Free" tree.
“Have been on site all day. Police say they will cite anyone "helping" the tree folks.” ~ March 14
“At the park @8:15.. Was yelled at by an officer when I walked up to the fence near the occupied tree.” ~ Marin Marinov March 15
“FYI: the nice Sheriff's officer that warned me about citations yesterday said that C.P. has the authority to move the fence all the way to the bike path on Harrison and to all the official boundaries of the project. He said this would be done, if need be, to prevent further "trouble".” ~ March 15
“Just got home from visiting tree-sitting site (other side of the fence). It was about 7:00-7:10 pm. As we were heading back to our car near the arboretum, we were approached by a few men in an unmarked vehicle who said there was to be no congregating near the site & that we had to leave immediately "for no other reason than I told you." Everyone, keep visiting our friends to show support, but please know that there are park rules being enforced, so make safe decisions for yourself & those with you. WILD IS FREE!!!” ~ March 15
“As I was leaving the lookout today around 12:30 I was followed and stopped by park police for riding down the middle of the land of traffic as I was coming to the stop sign by the dog park. I was asked for my license, registration and permit to ride my bike. Was asked "how do I know it is your bike"? They are getting aggressive and agitated. Sheriff's officer too lazy to do it himself so he sent park police to follow me out of the park.. Gestapo is one word that comes to mind!” ~ March 15, Marin Marinov
“FYI I was just walking my dog down the service road between the forest and the fence and two people on horseback to appeared to the police without uniforms asked why my dog was not on a leash. I told them because he took off before I could put it on him, The leash was around my neck. He asked if he would respond if I called him I said yes and they rode away” ~ March 19
“Ok, was just standing/walking at least 8 to 10 ft from the fence and a ranger drove up and kicked me across the street. Said I was "trespassing on park property and subject to arrest" by one of the officers who (so far) have let us be. I knew it was past 7pm but the officer never said the park was closed, etc. Just "Step away from the fence, ma'am! You must move away from the fence!" (Confusing since I hadn't been near or touching it); started asking questions about where they were drawing this "line" and that's when he threatened arrest. But he clearly said I would not be trespassing if I moved across the street. Go figure.” ~ March 19
"Hey guys just stopped at the tree to say hi to Lloyd. A sherrifs officer told me I had to leave or I would be arrested. I hadn't even gotten off my bike so my phone was still buried in my purse in my bike basket. When I asked y the people swordfighting 10ft away didn't have to leave she said it was because they weren't talking to Lloyd. She told me to go talk to her supervisor if I want ed to know y but she was going to arrest me. I promptly went to her supervisor and I have him on video saying that she was misinformed and we can be there so long as we don't cross or do anything to the fence. I pedaled back to tell Lloyd and she called me over to apologize and said that's what she had been told at midnight when she came on the other night . I have that on video too....got to have phone more accessible from now on! Lloyd said he's feeling a little light headed but he's OK. no one is here right now and he needs support!!! I have to go somewhere but will be back in a bit. Ya all please come out
Since the cop situation is getting worse at City Park" ~ March 21
NOTE: I've been filming the police at City Park for a week now, and numerous passersby have told me that it is illegal to film the police in Louisiana and New Orleans. This is simply not true. If some random person or even a friend tells you it's illegal to film the police in a public place when you're not interfering with an investigation, please do your own research or use the links below because it's rather clear that is is completely legal to film the police, even if the police don't like it.
Know Your Rights: City Park is located on public land, owned by the City of New Orleans. However, the park's management- which is not city financed- generally does have the right to say who can be there and when, barring when it is used as right-of-way to other properties (Like Morning Call). But if you personally are not violating City Park's Hours and General Rules: http://neworleanscitypark.com/info/hours-general-rules-for-city-park then there is no real reason for you to move, except simply avoiding getting hassled or threatened by cops or private security. The NOCP site itself states that the fence is there to prevent someone from stumbling into a dangerous situation, so there should be no reasonable expectation of privacy regarding being photographed. Just read the rules and be careful not to damage foliage. It is legal to photograph anything visible from a public space- a street or city-owned and operated sidewalk, etc.- or from private property where you have permission to be. It is legal in Louisiana to record audio anywhere with one consenting party, which includes the person recording, so you can legally record audio along with video even if you are the only one who knows you are doing it, as long as it is not for lewd purposes.
According to the ACLU, "Taking photographs of things that are plainly visible from public spaces is a constitutional right – and that includes federal buildings, transportation facilities, and police and other government officials carrying out their duties. Unfortunately, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs from public places, and harassing, detaining and arresting those who fail to comply" ACLU Photo guide: https://www.aclu.org/kyr-photo
Also, check out the EFF's guide for searches of electronic property: https://www.eff.org/issues/know-your-rights
Here is one of the City Park rules that applies to showing support for tree-sitters. The City Park website says it is legal to be using Harrison and Filmore even 30 minutes after official sunset. Sunset in New Orleans is 7:12 pm on March 20th. To find out the official sunset time on any given day, there are more dates here http://www.timeanddate.com/sun/usa/new-orleans
From City Park website: City Park (the "Park") shall be open to the public daily from 30 minutes prior to official sunrise until 30 minutes after official sunset, at which time all persons must vacate City Park premises. There are exceptions for Morning Call, City Park managed facilities, and special events. Harrison and Filmore Streets will remain open in the Park. People will be asked to vacate the areas bounded by Wisner, Marconi and up to but not including Harrison and City Park Avenue, and public areas from Harrison to Robert E. Lee.
However, "Any person found after 30 minutes after official sunset in areas other than those outlined herein for occupancy after official sunset or without special written permission shall be considered to be disturbing the peace by their very presence in such areas and shall be presumed to be doing damage to the grass, foliage, and other property of City Park."
So it seems like being on Harrison Blvd or Circle but not on the grass near the construction fence 30 minutes after dark is acceptable, but leaving the actual road (Harrison) to go near the fence could be considered disturbing the peace. This makes sense considering every night when the sun goes down a lot of cops show up at Harrison Circle to shine lights on anyone who is on the grass, but they stop when people go back to the actual street. -
Accounts from individuals show increased policing at sundown and after dark and it appears police are targeting individuals who go to show support on a daily basis; they also seem to be targeting people who go to the area alone.
Some Know Your Rights info and a Louisiana/ City Park specific flyer I'm working on.
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| Know Your Rights Info from crimethinc |
Some great info from the ACLU: Know Your Rights Louisiana: http://lpdb.la.gov/Advocating%20for%20Clients/Materials/txtfiles/pdf/Know%20Your%20Rights%20Guide.pdf
Note: One private security company with detail workers at City Park has been identified as "Fess Security.'
Some back story if you've just stumbled upon this blog post and have no idea why people have been protesting in City Park:
First, there was a chain link fence covered with green tarp surrounding the wild area bordered by Filmore Avenue, Harrison Avenue, Marconi Drive, and Wisner Boulevard. As construction of a $24.5 million golf course began, parts of the fence would go missing or fall down, and those who loved the wild area would continue to roam and explore, noting the trees, the birds, the wildlife the construction would destroy. They came to try to observe the killing of Live Oak trees, but the green tarp on the fence blocked their view. It is difficult enough to protect a thing when it can be seen; when it cannot be seen, protecting the thing feels desperate. Not only could they not go in the wild area, they could not see into the wild area. Next there was uproar at City Park Board meetings, rallies, a march, and sections of the fence somehow fell down again and again. Then two people somehow crossed the fence to live in a cypress tree. With a “Wild Is Free” banner, two protesters, Lloyd and Heart, held a tree sit-in.
People came to see Lloyd and Heart, to marvel at how they could live in a tree, to shout messages of support over the fence, or sometimes to threaten to shoot them. Supporters came and waved and called and sang songs, climbing on step ladders to peer over the fence. The police came too. City Park Police, The Sheriff’s Department, New Orleans Police, and private detail police. Unmarked cars came and went as cops communicated with City Park officials and maintenance crews. Supporters who tried to bring supplies to the two in the tree were chased by cops and threatened with arrest. Already the cypress tree was far behind the fence, and police began shining lights on supporters at sunset. A floodlight was brought, either by City Park or by New Orleans police, to shine on the tree all night. It seemed like authorities were hoping the protesters would simply climb down and run away. When they did not come down, and supporters continued to hold peaceful vigils to show support, more cops came. some in cars with tinted windows, some in patrol cars, some on detail. Long after sundown, several police cars guarded the fence and shone spotlights on the cypress tree. When a flap of green tarp slipped enough for supporters to actually see the tree, the cops put it back. Cops said they were there to guard the fence and to make sure nobody gave the protesters provisions, but they were also there to make sure nobody could see the protesters or the construction.
But the tree-sitters could see, and one had a camera phone and shared pictures of an 80-100 year Live Oak tree being cut down. City Park build another fence around the tree Lloyd and Heart lived in, and when supporters tried to move the green tarp to see, they were told not to touch it. The public came to see for themselves that City Park had misled them about its plans to bulldoze Couturie Forest.
Cops said the fire department would come to extract Lloyd and Heart if they did not come down. When Heart came down from the tree on her own, cops kept news crews from seeing her descent. WWL TV, WGNO, NPR, FOX 8 News, and other news outlets were not allowed to move a corner of green tarp to film the protest site. The flap of tarp would fall down and cops would put it back up. Finally a cop said John Hopper from City Park had instructed them to interfere with the First Amendment. Feel free to reach out to John Hopper, Chief Development Officer & Director of Public Affairs directly for comment: (504) 259-1509 jhopper@nocp.org
Bob Becker, CEO of City Park told news crews the protesters would not be forcibly removed from the tree, but cops had come to the tree and threatened exactly that. Some news reported what Becker said and ignored the fact that cops lied to Heart and Lloyd, not mentioning it at all. Some news reported that Heart and Lloyd said they’d been threatened with extraction by fire department (by the way extracting people from trees with fire trucks is probably not a legal, safe, or feasible way to use public services and tax payer money).
Then cops and City Park put an additional floodlight by the fence in Couturie Forest. Cops held long range recording devices while supporters snacked on picnic blankets. Cops photographed supporters repeatedly, photographed supporters’ cars, spoke to other cops in unmarked cars, and a retired cop told a supporter cameras were installed in the trees.
By the way, J.T. Hannan, lead organizer and coordinator for Bayou District Foundation (the developer for the golf course) claims the protesters have caused 10k worth of damage to chain-link fences but provided no documentation.
Links:
NPR All Things Considered Interview with Lloyd "Wild Is Free: Tree Sitter Protests New Orleans Golf Course Construction" http://www.npr.org/2015/03/19/394099620/wilderness-is-free-tree-sitter-protests-new-orleans-park-construction
WGNO coverage March 17
http://wgno.com/2015/03/17/1-down-1-to-go-couple-climbs-tree-to-protest-new-golf-course-in-city-park/
The Gambit: New Orleans City Park Tree Sitting Protester Speaks Out
http://www.bestofneworleans.com/blogofneworleans/archives/2015/03/18/a-new-orleans-city-park-tree-sitting-protestor-speaks-out
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