Wednesday, September 26, 2007
RHA asks Speaker Quinn about 1st Amendment and police rules at the Stonewall Democratic Club's open meeting.
[the small sign on the right reads, "1st Amendment not for sale"]
PHOTOGRAPH and REPORTING by James Wagner
Yesterday the junta in Burma invoked a colonial-era section of the nation's criminal code under which the government can use police or military force against any group of people who have not been granted a permit to assemble. The rule's threshold is any assembly of more than five. Burma and the world is once again witness to the open violence with which undemocratic authority will inevitably try to maintain itself. At this hour fourteen people are known to have been killed by soldiers and police.
Back in New York people are starting to make connections. Tim Doody is a member of the Radical Homosexual Agenda [RHA] and a constituent of Council Member Christine Quinn, who this year promulgated a New York City rule making illegal any "unpermitted" assembly of 50 or more people. Responding to news of Burma's emergency proclamation restricting citizen assembly, or what most of the media is referring to as Burma's "curfew", today Doody asked,
Does Speaker Quinn really believe the difference between a junta and a democracy is 45 people?
Last night, September 26, 2007, members of the RHA attended an open meeting of the Stonewall Democratic Club, held in the LGBT Community Center, where Speaker Quinn had been asked to speak. The RHA held up two banners on the sides of the room calling attention to the First Amendment issue of arbitrarily-formulated Parade Rules which will inevitably be arbitrarily enforced. When the Q&A session was closed, and the host had not called on anyone who might have asked the Club's distinguished visitor about the elephant in the room, one of the guests who was not a member of the RHA asked that the question be solicited, adding that it would reflect very badly on the people in the room if the signs displayed so prominently went unexplained.
Quinn now graciously sought out a raised hand and the question came from the floor, 'Would you explain to the constituency in this room your support of and your role in the promulgation of the unconstitutional, so-called Police 'Parade Rules'?"
There was nothing new or revealing in her response, and I myself still honestly have no idea why she got herself into a law-and-order posture so contrary to anything she ever stood for. Her argument remains rather circular and her logic vague or obsfucatory, but in this venue there was no way to carry on a discussion or venture an appeal to reason, something thus far lacking in her defense of the police rules.
She never lost her composure and she even offered to "come back here [the Stonewall Democratic Club or the LGBT Center?] any time" to specifically discuss the issue. There were two real surprises, I think, each possibly suggesting a chink in the blue wall to which she seems to have attached herself. One was the fact that at least twice she said that the assembly rules were "an ongoing conversation", and the other was an interesting throwaway line something to the effect, "If in the future legislation is produced . . . .", suggesting that the Council might still get involved in the issue and hold open public hearings, as it surely ought to.
In the meantime the conversation will continue on the only stage the powerless have available to them: that constructed on free assembly and speech. On Saturday at 7 o'clock, a second "Parade Without A Permit", a joyous party celebrating those fundamental rights, will assemble at the fountain in Washington Square Park and progress through the West Village, the streets of the Speaker's own district.
Comments
Note that while Quinn was ducking the questions from RHA, the NYPD was busy arresting supporters of Sylvia Rivera Law Project at their celebration. –Ben Sheppard
see entry: "Apparently Sylvia Rivera Still Scares the Cops" –James Wagner
To me what's more important is that Quinn has effectively destroyed the West Side, Chelsea and above, by being bought by developers and landlords. When she ran for office she promised she would never take money from developers and now that's all she's got. All over the area people are being forced out of their homes and small businesses are being forced out.
–CQ Constituent
SATURDAY, SEPTEMBER 29TH, 2007
PARADE WITHOUT A PERMIT! (II)
This second Parade Without A Permit began at the Fountain of Washington Square Park. At 7:45pm, the drummers played soft beats and 200 of us circled the center of the park before we headed west. The vibe was both tense and jubilant. Nobody knew how the police would react, when and if the
seven cops on foot would call in the reinforcements that were surely clustered just out of view along the surrounding blocks.
When we stepped out of the west side of the park and onto the streets, we were immediately in Speaker Christine Quinn's district and immediately in violation of the new rules the police wrote and Quinn rubber-stamped. Since February, 2007, it's been illegal for 50 or more people to process through New York City without first requesting and then receiving permission by the NYPD.
By the Stonewall Inn, the drummers played harder faster, and everyone chanted, “Resist! Resist! Raise up you fist! Resist! Resist! We know you are pissed!” and swarmed Christopher Street. From that point on, we processed along the streets of the Village and, when we turned up Eighth Avenue, transformed all four lanes into a dance hall.
Our front line consisted of pink and black clad queers holding three banners: the center one stated “Defend Freedom of Assembly! Stop the Cop Law!”; the right one, “Quinn Betrays Queers!”; and the left depicted Speaker Quinn in a way-oversized police hat the the message “Quinn Cops Out!”
Fists raised, drums thumping, our pack proved that you don't need permission to process through the City with 50 or more people. It's not just a healthy sign of the democratic process. It's a fucking good time. Diners smiled and clapped. Passersby jumped in.
Over the rhythms, revelers towards the back of our roving carnival started a spontaneous chant that we all took up: “No permit! No permit! We don't need no permit! We'll burn it! We'll burn it! Your fucking permit!” Most everyone wore a patch depicting the number “51” to underscore the point.
Plainclothes cops processed with us. A police car zoomed up to the back of the parade, and the officers shouted at the folks in the back. But really, the police response was minor. In many similar kinds of actions, the NYPD have made arrests and even cracked skulls. That they weren't on Saturday night was the clearest indication we're focusing on the right target: Quinn gave them the cover to pass the anti-assembly laws, and the police were returning the favor.
“Chris Quinn! Hypocrite!” everyone chanted. “Your policies are full of shit!”
We're going to keep exposing the fact that Speaker Quinn wants to be mayor and she's willing to sell our civil rights down the historical river for her own personal gain. As an out lesbian, she has benefited enormously from the right to assemble, and we're not going to let her take the streets away from us—not without a fight.
We danced through the Meatpacking District, longing for the days when trans-sex workers still made transactions and six-story billboards didn't exist. Then we processed south to Christopher Street, where we picked up more people and steered towards the piers that still serve as a meeting place for queers, especially queer youth of color—though the area is now under heavy surveillance and locked down at night. By 9:30 p.m., fireworks were erupting, and we were lounging in the grass, passing around beverages and grins.
This is what democracy looks like. We hope to see it more often in the City. –RHA
NEWS REPORT
Protesting NYPD Protest Rules
by JEFFERSON SIEGEL GAY CITY NEWS October 4, 2007
A crowd of several hundred activists turned
out Saturday night in opposition to new NYPD assembly regs. (JEFFERSON SIEGEL)
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Opposition to a recently enacted police regulation limiting public gatherings continues to draw crowds. Last Saturday night, September 29, several hundred people gathered in Washington Square Park and marched through the West Village banging drums, carrying banners, and chanting, "Resist, resist, you know you are pissed."
The march was organized by the group Radical Homosexual Agenda, whose recent protests have been reminiscent of memorable demonstrations mounted by the AIDS Coalition to Unleash Power, or ACT UP. Last June RHA dropped protest banners in the City Council chamber, interrupting a celebration of Gay Pride Month held by Speaker Christine Quinn, an out lesbian.
"The streets serve as our bulletin boards," RHA organizer Tim Doody said before the march. "We're not going to give that up without a fight."
Most at the march directed their anger at Quinn. They criticized the leader of the city's legislative body for allowing the police to promulgate a rule requiring groups of 50 or more to first obtain a permit before gathering.
Many at Saturday's march wore patches with the number "51" printed in bright pink. Other patches depicted a gas mask, symbolizing what organizers called a toxic rule.
"The military junta in Myanmar has ruled that five or more people cannot gather in the streets there. Does Speaker Quinn really believe the difference between a junta and a democracy is 45 people?" Doody asked.
Quinn's spokesperson, Maria Alvarado, said in an e-mail statement, "The Speaker is a longstanding leader in the LGBT community. Speaker Quinn fully recognizes and respects the constitutional rights of free speech, freedom of assembly, and the right to protest."
Carrying banners reading "Radical Queers Resist" and "Defend Freedom of Assembly," the march left Washington Square Park after dark. A handful of police accompanied the marchers as they walked west on Waverly Place. The mass of protesters spread out across the entire width of Eighth Avenue as they walked up to West 15th Street before turning back to the West Village.
Doody, like a modern-day Jim Morrison dressed in a revolutionary-style jacket, danced while blowing a whistle that kept a dozen drummers pounding a cadence as if they were an extreme college marching band.
As they passed the new neon sign in the window of the Stonewall Inn and the entrance to the Gansevoort Hotel, marchers pressed pink leaflets headlined "Defend our Freedom of Assembly" into the hands of tourists, diners, and passersby.
Chelsea resident Barry Hoggard, a computer programmer, said he worked with Quinn for many years, going back to her days with State Senator Tom Duane.
"She wouldn't be where she is today if things like this hadn't happened," Hoggard said as the march turned onto Bleecker Street. "She's someone who's been in plenty of demonstrations."
Many have noted glaring flaws in the regulation, suggesting that participants in school trips or funeral processions could be subject to ticketing and even arrest. Civil libertarians worry the permit rule will have a chilling effect on spontaneous demonstrations.
The regulation is under scrutiny by the Bar Association of New York. Peter Barbur, of the Association's Civil Rights Committee, spoke out against the rule at a hearing in Police Headquarters last November.
"We believe this approach is ill-conceived and fundamentally wrong," he said. "This is inevitably going to lead to selective enforcement."
"The NYPD was receptive to a number of the Council's suggestions, as well as those from the public," Alvarado noted. "We will continue to monitor these new rules to ensure that the right balance is found."
Alvarado was asked, if Council members were to introduce legislation either raising the number required for a permit or abolishing the rule altogether, would the speaker allow or support such legislation?
"If a member introduces a bill," Alvarado replied, "it will be referred to the appropriate committee, where it will receive full review."
Several Council members have already voiced opposition to the regulation, including Manhattan's Rosie Mendez, an out lesbian, Alan Gerson, and Gale Brewer, and David Weprin and Tony Avella of Queens.
In addition to the Bar Association, groups as diverse as 100 Blacks in Law Enforcement Who Care, Transportation Alternatives, Time's Up!, United for Peace and Justice, and Assemble for Rights have denounced the regulation.
In March, the Five-Boro Bike Club filed a lawsuit in federal court against the regulation. A judge denied the group's motion for a preliminary injunction. In September an appeal was filed in the Second Circuit Court of Appeals.
Saturday's march ended without incident.
"We just showed that far more than 50 can gather and can do it effectively and safely," Doody said as marchers spread out on the turf of the Christopher Street Pier on the Hudson River. "New York City survived."
CALL TO ACTION
PARADE WITHOUT A PERMIT!
SATURDAY, SEPTEMBER 29TH, 2007 @ 7PM
WASHINGTON SQUARE PARK @ THE FOUNTAIN
Queers, Allies and Everyone affected by the NYPD’s anti-assembly rules:
Join us in the streets as we challenge these rules!
We’re going to assemble in City Council Speaker Christine Quinn’s district to PARADE WITHOUT A PERMIT! We’re going to deliver a big FUCK YOU to Speaker Quinn—after all, she’s quashed some of the very civil rights that made it possible for her, an out lesbian, to hold political office.
Bring noisemakers, signs and your dancing bodies out to reclaim OUR streets!
Why target Speaker Christine Quinn?
In 2006, multiple courts ruled the City’s assembly rules unconstitutional, and City Council was charged with fixing them. Instead of conducting public hearings and placing the matter into the hands of City Council, 
Speaker Quinn abdicated her responsibilities and allowed the NYPD to write these rules behind closed doors.
In February 2007, she rubberstamped the new rules into effect. Suddenly, it became illegal for 50 or more people to gather and process through New York City—unless they request and are given prior permission from the police.
Of course, the NYPD has a long history of attacking political groups, and one of their favorite tools is to deny permit requests of groups—like the organizers of the 2007 Trans Day of Action—who they don’t like.
Why do police decide who can assemble and who cannot? And since when do the police write rules? And why is all of this okay with Quinn?
Quinn so desperately wants to be mayor that she has sold the queer community and her constituents down the historical river for her own political gain. We’ll remind Quinn that she has her pot of gold, but she better not forgot the rainbow that led her to it!
The Stonewall veterans never asked for a permit, and neither will we!
Shout Out for a Pink and Black Block. Anyone who wants to participate, show your colors, jump in and dance to the beats of the Anti-Authoritarians, a queer drum corp.
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The First Amendment of the United States Constitution : |
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"Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
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– commonly attributed to Benjamin Franklin, first published in 1755 in the Pennsylvania Assembly Letter: Reply to the Governor ; and in 1759 on the title page of An Historical Review of the Constitution and Government of Pennsylvania. This statement was often used, with many variations, by Benjamin Franklin and others during Revolutionary years. |
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Quinn and the cops haven't just criminalized the Critical Mass bike rides. They've also further criminalized the Dyke March and the Drag March, two unpermitted parades that have been occurring in the City for years. This new law makes it illegal for 50 or more people to gather and process throughout the streets of New York, which means that marchers at both of these events risk fines, arrest and up to ten days in jail. Thanks Quinn, for making us especially proud this year!
When Matthew Shepard was murdered, NYC queers spontaneously gathered to demonstrate their mourning, marching down 5th Avenue. The NYPD beat countless participants and arrested over one hundred people. Back then, Quinn was outraged by the cops' behavior. How could she have changed so much since then that she has colluded with them to make this kind of political action even more difficult for all minorities and marginalized political groups?
We’re the Radical Homosexual Agenda, a contingent of the NYC queer community who believes that our rights extend way beyond marriage.
