by Leroy F. Moore Jr.

In a recent study, reserchers at the Universtiy of California at Berkeley School of Social Welfare found that at least one-third of Blacks receiving psychiatric care in the Los Angeles and San Francisco Bay area emergency wards were given twice the dosage of an anti-psychotic drug, compared with patients of other races. This is not surpising because African Americans have a long history of being over-medicated by the mental health system.

Now some California legislators are looking at expanding forced treatment under Assembly Bill 1800 (AB 1800), authored by Assembly Members Thomson and Senator Perata. AB 1800 will expand involuntary treatment for people with mental illness. What some legislators in Sacramento are missing is that people of color, especially African Americans, already have a mistrust of the mental health system, seeing it as yet another racially biased correctional facitity. Expanding involuntary treatment will only strengthen the mistrust of the mental health system, and will also strengthen the mistrust that people of color have with this system..

The 1997-98 annual report from San Francisco's Mental Health Board confirms that most mental health providers are white, but their clientele is overwhelminglycomprised of people of color. To add to this picture, Dr. Alvin Poussaint, a clinical professor of psychiatry at Harvard Medical School, wrote in the New York Times that the American Psychiatric Association is predominately white and male. Of its current 38,2000 members, only 2.3 percent are African Americans. This suggests one reason why African Americans are misdiagnosed and over represented as schizophrenic. Also, both Dr. William Lawson at John McClellan Veteran Hospital in North Little Rock, Ark. and Keh-Ming Lin, M.D. M.P.H., of the center on Psychobiology of Ethnicity at UCLA Medical Center found the above statement to be true in their work and research.

California's and the nation's mental health system need to be revamped from the bottom up by diversifying input to include the voices of people of color in policy making. As the system stands today with a lack of diversity, misdiagnoses and over-medicating, it is no wonder there is a mistrust of the system by the African American community. AB 1800 will further this mistrust, causing African Americans to resist reaching out for help because of the real fear of being involuntarily treated: in clearer terms, of being locked up for being mentally ill. African Americans are over-medicated because of societt's conditioned fear of them. AB 1800 is just one more avenue to control and incarcerate American Americans.

The fear of institutionalization and forced treatment of medication will crumble the already weak foundation of communication between mental health professionals and people of color.

For more information, contact;
Leroy F. Moore Jr.
Founder & Chair of Disability Advocates of Minorities Organization, DAMO
phone: 415.695.0156
fax: 415.647.5932

by PNN staff

Introduction

San Francisco has failed to solve the problem of homelessness. While the number of homeless individuals and families in San Francisco and across the U.S. has continued to rise at an alarming rate,we have witnessed an alarming increase in police-based responses to the presence of homeless people in public spaces. But homelessness is an economic issue, not a nuisance issue.

There has been precious little public discussion of the reality that homelessness, like most other social problems, can, in fact, be alleviated. The Coalition on Homelessness, San Francisco submits the following Plan For Action to all concerned residents of the City and County of San Francisco, and urge all who are concerned about the homeless problem to take action for change.

Guiding Principles

• We must ensure that homeless people can actively participate in the development and implementation of programs and policies that directly or indirectly impact homeless people.

Conclusion

In a City which is rapidly losing affordable housing, the above steps should be viewed as comprehensive, if minimal, steps toward proactively addressing homelessness. So long as public discourse on the problem of homelessness remains mired in "Quality of Life" rhetoric, and is not explicitly linked to the lack of affordable housing, subsidized health care, economic equity, and civil rights for the City's indigent residents, the problem will continue to grow.

Although the vision we present will not be a simple one to bring to fruition, it is an essential one. It is has been said that so long as one person is hungry, none can eat in peace. It is in the spirit of this truth that we must not accept that people are sleeping on the streets in San Francisco. With hard work, we can end homelessness once and for all.

We urge all people concerned about the future of San Francisco to earnestly evaluate this Plan. And then to Act upon it..

Derechos Civiles y Humanos

• Los derechos civiles y humanos de todas personas deben ser respetados, independientemente de su raza, genero, orientaciÛn sexual, edad, incapacidad, o estado economico. Las personas no deben ser perjudicados por estar forzados a vivir en la calle y en los refugios.

by Leticia Velasquez and Lisa gray-Garcia

Leticia is a former resident of San Francisco where she was evicted after living in the Mission for 32 years by an owner move-in. She is a member of POOR Magazine's writer facilition project which seeks to translate the voices of low and no income adults and youth. Lisa Gray-Garcia is Leticia's writier facilitator and co-editor of www.poornewsnetwork.com and POOR Magazine

It is seldom that we as low income, gentrified, evicted and displaced folk have a reason to celebrate, when we win some small fight for justice because a city official in power does the right thing, so when it happens we must take a breath, stand up and notice that our rights have been upheld, our voices have been heard and pleas have been recognized. Just such a day has occurred in the Bay Area and that city official is District Attorney Terrence Hallinan

Consider the case of the Evanchek family - Mr and Mrs. Evanchek were tenants of one of two units on Arleta Ave in San Francisco for over twenty years. Mrs. Evanchek is disabled and receives Kidney Dialysis three times a week. In 1996 the smaller unit in the back became vacant and The Evancheks 23 year old daughter signed a lease and she and her baby moved into the smaller unit

Under the San Francisco Rent ordinance the landlord of a multiple unit dwelling such as the arleta Ave property can recover one of the units for the landlords own use. Moreover the landlord of a multiple unit dwelling cannot evict a disabled tenant who has resided in the unit for more than ten years

So when the new owners bought the property in 1999 the rent ordinance would have permitted them to do an owner move in eviction of one of the two units, not both, and since Mrs. Evanchek was disabled she was protected, in the larger unit, from an owner move-in eviction

But the new owners wanted both units. After first filing two separate notices to vacate they then claimed the property was a single family home with a guest cottage. This is because the rent control ordinance permits an owner move-in eviction of a single family home even if there is a disabled tenant.

The landlord's attorney began referring to the 2nd smaller unit as a "shed" and served a new single eviction notice seeking not only to evict the entire family but requiring them to pay attorney's fees as well. The Evancheks could not afford an attorney. Faced with the fear of being evicted and having to pay attorneys fees they accepted, in the hallway, outside the courtroom, an offer of three months free rent and moved out.

Although the Evancheks accepted the 90 days and a mule offer, they did not release their liability under the Rent ordinance. Since then they received legal representation from Andrew Westley who served a wrongful eviction lawsuit on the new owner's

As well, District Attorney, Terrence Hallinan has filed criminal charges for this illegal eviction; His statement to this reporter was "In Charging this as a misdemeanor illegal eviction the District Attorney is seeking to enforce the rent ordinance passed by the San Francisco Board of Supervisors to protect the rights of tenants

For every tenant who has felt the terror of an eviction with no recourse, who has taken the quick deals in the hallway with a pit in their stomach and a lump in their throat, who has lost their belongings, neighborhoods and familiarity due to an illegal eviction…. I thank Mr. Weatley, Mr. Hallinan and the SF board of Supervisors, and for the Evancheks -take a short breath, I know I will.

by PNN Staff

Sooo much Green, corporate green grass dotted with bright white slivers of clean white government buildings . Large blue strips of sky tore through a gray wall of storm. "What do we want? " "Justice!!!" "When do we want it ?"- " Now!!"

Representatives from Women's Economic Agenda Project (WEAP) , The California Nurses Association, The Janitors Union, Lifetime, POOR Magazine, Hotel and Restaurant Employees' Union, Local 250, SEIU, Mills College students and many more gathered at the mouth of the Department of Human Services, ( Welfare ) in Oakland to launch the beginning of the POOR People's March, organized by WEAP.

"We are marching for our economic human rights, guarenteed by the Universal Declaration of Human Rights and the birthright of every human being. We are fighting to break the isolation of poor people across the globe to create unity and organization among the poor..." Teena Boyd from WEAP told the crowd in a rally preceeding the March.

Several dynamic speakers spoke before the crowd including Diana Spatz from Lifetime who chronicled her struggle, "This is the first time I have ever been able to not worry about paying my rent, this is the first time I have not worried about covering my food and utility bills, and that is because I fought and won the battle to get my education, as a poor single mother on welfare I was discouraged from getting an education, and that made me so mad, that after i won my battle and went on to recieve my education, I started an organization to help other women like myself"

The march was an effort in solidarity with The Kensington Welfare Rights Union, who began the struggle to march for poverty rights with the inception of the Welfare Reform Bill two years ago. Members of WEAP brought those causes home to California in regards to the fact that over half of the families recieving CalWorks live in counties where the fair market rent for a one-bedroom apartment is actually higher than the maximum grant for a family of three.A one bedroom going for $647. 00 per month while the Calworks grant for a family of three is $565.00.

Article 23: The right to jobs at a living wage and just conditions of work.

Article 25:is the right to well-being of a person and their family, which includes food, clothing, housing, and medical care and necessary social services. and finally.

Article 26: The right to a good education.

Although we were in the middle of a heavy storm in Northern California, the sky glimmered with a temporary sun for the beginnning of the March -

"What do we want?"

"Justice"

"When do we want it..."

"Now !!!"

Janine Grantham resumed the chant as the line of protestors opened the sky and marched into the horizon.

by Barbara Huntley-Smith

It is said that inspiration springs from something that has been read, an action observed or an unexplained vision. This editorial thesis was born after reading an article in the Los Angeles Times, Titled: “A Quiet Creek in South Dakota Becomes River of Death.” The story concerns the mysterious deaths of Native Americans living in Rapid City, South Dakota. The mystery that conceived this thesis was not so much the deaths, but the manner in which the F.B.I. and the South Dakota Police Force seemed to be totally mystified, or at a loss securing evidence to bring about an indictment of the person or persons involved.

The juices of inspiration began to flow as the word “indigenous” began to take hold of my senses. Webster Collegiate defines Indigenous as: occurring naturally, Intrinsic, innate and synonymous with native. However it was one component of the word that brought about my inspiration, that word was “Indigent.” Defined as: lacking the means of subsistence, impoverish, needy, poor and destitute. Observing the connection, I began to envision the plight of the Indigenous peoples that once occupied the small Island in the Caribbean were I was born.

Jamaica, an Island in the Caribbean was once populated by an Indigenous people known as the Arawaks. In grade school my mental images of the Arawaks were limited to the fact that they wore loin-cloth, fat pot-bellied men lying comfortably under trees. I was taught that they were lazy and did not like to work, so they lived in caves, ate cassava until they all died. These images I am alluding to were written, but were those images true? The origins of the Arawaks can be traced to the Casimirian people whose culture dates back to the 4000 B.C. These people were Indigenous to Central America and Belize. They later migrated north using the Yucatin Channel and the Cuban counter-current to reach the Islands of the Greater Antilles, of which Jamaica is one of that group of Islands. These Indigenous peoples were the natives who greeted Christopher Columbus during the years of his first voyage from 1492-1497.

During my junior and senior years in school, study of world history from the British point of view has always left me with the question of why there is no existing Arawaks culture in Jamaica. Reading this story of the deaths of the Native Americans of South Dakota, caused me to revisit this question.

There are three Observations I have made. First, the Annihilation of Indigenous peoples on the Island of Jamaica and the United States does have some similarities, and one specific difference. In Jamaica the Indigenous Arawaks were completely annihilated without a trace; whereas in the United States the annihilation have been continuous for two hundred years.

It was reported that Native Americans, a total of eight, were drowned in a creek under a bridge, after drinking themselves into a stupor; Or they got drunk and walked to the creek, fell asleep in their drunken haze and were drowned as the tide rose. It was reported that one of these fatalities was found in a seated position. What mystified me is, trained qualified law enforcement officials are taking second-hand guesses from sources that would not be recognized as credible in the court of law. Consequently all those deaths are still unsolved. Could it be, I thought, this lack of sufficient evidence be due to the fact that six of the eight drowned were “Indigenous?” It must also be noted that all these men were homeless.

My Second Observation concerns the word “Indigent.” These South Dakota indigenous people, specifically those who were mysteriously drowned, manifested all the attributes of indigent. They were poor, needy, lacking the means of substance, and the final manifestation of these people were their “Homelessness.”

Could it be that their status classification is the reason why their deaths were classified a such a mystery? It is written in the Constitution of the United States that men are created equal, and have been endued by their Creator with individual inalienable rights. While working on this observation, I encountered a very interesting not in the Collier’s Encyclopedia page - 251, titled: Rights of Individual: Here is that excerpt.

Our Constitution is Color-blind, and neither knows or tolerates classes among citizen. In respect of Civil rights, all citizens are equal before the law.....it is therefore, to be regretted that the high Tribunal has reached the conclusion that a state to regulate the enjoyment of citizens of their civil rights solely upon the basis of Race.

Observing what followed those three words “it is therefore,” has that phrase now become the standard investigative procedure for the “Indigenous indigents?

Lastly, it is also written that upholders of the law are servants and will ultimately be accountable. The poor and homeless are at the highest zenith of their potential to receive. Is it not time that they become recipients of their inalienable rights? Those who are elected as the governing body of nations, states, cities and counties may have lost sight, or have never really comprehended the real purpose of their position. Well this is a gentle reminder: Defend the poor and fatherless, do justice to the afflicted and needy; Deliver the poor and needy and free them from the hand of those who will oppress them. For everyone to whom much is given, from him much will be required. And to whom much has been committed, of him they will ask more. I believe it is about time that the Rapid City Police department and the F.B.I begin to question their own purpose for doing the work they do. A keynote from the original report was a statement made by the Police Captain in reference to the mystery of the deaths, He commented that these deaths goes beyond the appearance of mere coincidence. Many Native Americans concurred, but are not at all mystified.

by Tom Mckay

David Duncombe is in Washington, DC, fasting in support of debt forgiveness for 33 impoverished nations. He has been on a water-only fast since his last meal on June 10. UNICEF estimates that 30,000 children die in developing countries every day because of hunger and poverty. Governments of poor countries have little left for health care, schools, housing, or sanitation services after they make their debt payments to foreign creditors.A year ago, the wealthier industrial nations pledged in Cologne to write off $90 billion of developing country debt, a 70 percent reduction. The United States' share is $920 million over 4 years. The U.S. Congress needs to appropriate $435 million this year to keep debt relief on schedule, but the House has only approved $69 million and the Senate has only approved $75 million.

David Duncombe has said: "Millions of people are starving because of Congress' inaction. I feel it is my duty to illustrate for the men and women in Congress who quite literally are making this life and death decision. That a person is willing to starve so that others may not has to speak powerfully to the soul." During his fast he has been visiting eight to ten Congressional Offices a day. For more information see the Jubilee 2000/USA website at http://www.j2000usa.org/updates/fast5.html

by Kaponda

The voice that traveled through his consciousness was silenced by a lethal 9-millimeter weapon. Ever fastened to the distant memories of William Anthony Miller are the final words that prevailed in his hearing before the stream of bullets ended the final chapter of his life. Lying mortally wounded on Skyline Boulevard, William Anthony Miller became another victim whose blood could be traced to the guns of the San Diego Police Department.

The ghastly incident occurred not too far from the San Diego Mental Health Institute. On February 15, 2000, a mentally challenged San Diegan had been acting out on Skyline Boulevard by waving a three-foot palm frond at passersby. One of the passersby, a cyclist, had been struck on the head by the branch. In the shadows were employees of a restaurant who were familiar with the congenial nature of Mr. Miller. According to an account given by Norma Rossi of the San Diego Coalition on Homelessness, the restaurant's employees observed Mr. Miller's behavior and immediately recognized him to be "out of character."

The stainless steel baton marked the latest instrument of crime-fighting weapons used by the San Diego Police. It complemented the 9-millimeter gun and pepper spray each policeman can use in dire situations. This morning was different, however. In addition to the usual display of weapons, also present were multiple squad cars, police dogs and helicopters flying overhead.

A witness, a criminal law professor who was interviewed after the incident, was quoted as saying, "A palm branch was an inadequate weapon." Another witness, Reverend Glenn Ellison, director of Interfaith Shelter Network, speaking at a City Council meeting, stated, "It was obvious to anyone that he was mentally retarded."

In the backdrop of the County Health Mental Institute and encompassed by squad cars, dogs and helicopters, the police barked a command to Mr. Miller to drop the palm frond.

What did Mr. Miller hear? Was it the vicious barks of the canine dog behind him lurching towards him, or was it the howling of the police to get him to stand-down? The answer was delivered into needless obscurity. After six minutes of unsuccessful efforts by the police to reason with an "obviously" mentally challenged person, Mr. Miller was put down by a hail of gun fire.

On Tuesday, February 22, 2000, San Diego City Council met concerning the use of deadly force by the San Diego Police Department, and to discuss accountability and police procedures. The meeting primarily was called by the City Council in an effort to clean up the appearance of the San Diego Police Department. The San Diego Police Department has a lethal-force policy which states, "No officer shall discharge a firearm in performance of duty except when the officer has a reasonable belief that a subject poses an imminent threat of death or serious bodily injury to the officer or others." Had Mr. Miller posed an imminent threat or bodily harm to any officer's life? According to the testimonies of many witnesses, including the criminal law professor and the Reverend, there was grave concern over the role that the policemen played in the death of William Anthony Miller.

In the last 10 years, only two policemen have died in the line of duty in San Diego. This statistic suggests the immense respect that the residents of San Diego show toward their finest. However, In the last 12 months, five homeless people have died from aggressive police tactics. Conversely, this statistic suggests the immense disrespect the San Diego Police shows toward their homeless and mentally disabled. The San Diego City Council proposed two recommendations:

1) More police training; and

2) Beanbag guns.

In response to Mr. Miller's death, the San Diego Committee Against Police Brutality held a protest at the new, $13 million police station on 5th and Imperial, located in a poor, ethnically diverse neighborhood.

Among other concerns of people located in this neighborhood is, how can the City of San Diego construct a $13 million building for the police and not allocate money for half-way or residential homes where homeless and mentally disabled people can receive care and medication? The only family shelter in San Diego, St. Vincent DePaul, recently loss funding and with the governmental dismantling of Mckinney, the mentally disabled were thrown out in the streets without a place to stay.

The San Diego Internal Affairs Division is currently investigating the death of William Anthony Miller. It will pass its findings to the Citizen's Police Review Board, which oversees police activity but cannot change the findings of Internal Affairs. If the Board is dissatisfied with the findings, its only recourse is to take the matter to the City Manager, the proverbial bureaucratic loop.

The death of Mr. Miller has broken the silence in the community of San Diego over the conduct of policemen. No one will ever know which voice dominated the ears of Mr. Miller during those last moments of his ill-fated demise. However, his death has produced a voice for homeless and mentally disabled people that has resonated throughout the state.

by PNN Staff

“....the point is, low income disabled people need non-profit service providers in the neighborhoods they live in...” Leroy Moore finished his two minutes comment to the Planning Commission and then he quietly retreated

“Yeahhhh!!.... clap..clap.....” The audience clapped hesitantly,emoting a few nervous hurrahs!

“Could you please refrain from these outbursts?” Anita Theoharris mouthed the words slowly..each consonant sticking to the roof of her mouth - her eyes barely moving across the carmel walls of the planning commission. I wondered as I stepped up to the microphone what she would say to me and how little facial expression she would employ. I wondered how long I would last before my assertions about gentrification in the mission would be characterized as an “outburst” - that was several weeks ago......

On Thursday, September 7th the Planning Commission meeting was marred by the “smack-down” of Jonathan Yuet, of the collective Cell Space and Mission Anti-displacement Coalition. Commission President, Anita Theoharis, called for a “bailiff” when Jonathan went seconds over the time limit during the meeting’s public comment section.

Eileen Hirst, Sheriff’s Department Spokeswoman, stated that Jonathan “went limp” when grabbed by the Sheriff’s deputy. Nothing could be further from the truth. Jonathan was put into a pain compliance hold and taken to the ground with force.

This brutal take-down was in full view of the entire Planning Commission and was caught on videotape. This enraged the over 100 community advocates who were attending the meeting. Although this “smack-down” affected one artist, we consider this to be an assault against our urban social movement commonly known as the Mission Anti-displacement Coalition and our Constitutional rights of freedom of expression and peaceful assembly.

The Mission Anti-displacement Coalition has been organizing for community control of the planning process in the face of reckless planning and massive displacement. Rents are sky-rocketing, long-time residents are being evicted, and small businesses and non-profits that serve the community can’t afford to stay here. Low-income and Latino families, seniors, immigrants, artists and people who grew up here are some of the people being hit the hardest.

Mission Anti-displacement Coalition Demands

*Moratorium on new office developments and market-rate housing and live
/work lofts in the Mission!

*Enforce existing planning codes!

*Commit to community planning process to re-zone the Mission District and ensure funding for this process!

by Leo Stegman

In the City of Berkeley, it is a crime to be poor or a person of color. Law enforcement officials in Berkeley treat innocent poor folks and people of color like criminals, by constantly subjecting them to unlawful stops, detentions, and arrests.

In incidents involving warrantless arrests, first a stop, and then a detention precede them. California Courts have ruled that in order for law enforcement officials to justify a stop or detention of an individual against their will, they must have a "reasonable suspicion" that the individual is involved in criminal activity.

The California Supreme Court has defined "reasonable suspicion" by stating " in order to justify an investigative stop or detention the circumstances known or apparent to the officer must include specific and articulable facts causing him to suspect that (1) some activity relating to crime has taken place or is occurring or about to occur, and the person he or she intends to detain is involved in that activity." (In re Tony C. (1978) 21 Cal. 3rd 888, 893, [148 Cal. Rptr. 366, 582 P. 2nd 957]).

In order to arrest an individual, a law enforcement officer must have " probable cause". The California Courts have ruled that "probable cause for an arrest is shown if a man of ordinary caution or prudence would be led to believe and entertain a strong suspicion of the guilt of the accused". (People v. Fischer (1957) 49 Cal 2d. 442, 446, 317 P.2d 967) Many times, de-facto "probable cause" and "reasonable suspicion" amounts to simply one’s skin color or perceived economic status. The City of Berkeley Police Department uses the practices of economic and racial profiling to stop and harass innocent poor people and people of color everyday.

An example of these policies is the "Case of Leo Stegman." Mr. Stegman is a 34 year old, African-American, who is employed by a local non-profit organization that provides employment services to families receiving Calworks. On May 22, 2000, at 7:45am, Mr. Stegman was waiting for the Multi-Agency Service Center to open up to post information on the center’s bulletin board about the free employment services offered by his employer. The Multi-Agency Services Center is daytime drop-in center where homeless and low-income individuals take showers, sign up for voice mail, make phone calls, and receive a host of other services free of charge. Because the center did not open up until 8:00am Mr. Stegman decided to rest on a park bench in Martin Luther King Park which is directly across the street from the center.

After lying on the park bench for about 5 minutes, an Officer from Frederick from the Berkeley Police Department came up to Mr. Stegman and told him that there was no sleeping in the park. Then, the Officer began to ask Mr. Stegman a battery of questions. Mr. Stegman informed the Officer that he was not asleep, and then, asked the officer if he was under arrest. The Officer replied. "No". Then Mr. Stegman informed, the officer that he would be standing upon his 5th Amendment rights and would not be answering any of the officer’s question. The Officer insisted that Mr. Stegman answer his question and produce valid California Identification, or he would be in violation of the California Penal Code 148(a) (1) Willfully Resisting, Delaying, or Obstructing a Peace Officer in the Discharge of Their Official Duty. When Mr. Stegman refused to subject himself to the Officer’s interrogation by merely ignoring the officer’s questions he was arrested, searched and taken to Berkeley City Jail. Upon the officer’s search of Mr. Stegman, he found that Mr. Stegman had valid California identification on his person.

In his police report, the Officer expressed his opinion on how the quality of Martin Luther King Park has gone down because of the presence of homeless people and high school students. He went on to write that he was ordered by his superiors to patrol the park. The case of Leo Stegman is a classic example of the rousting of people of color and poor people in Berkeley by the police department. Throughout his report the Officer stated that Mr. Stegman is "homeless". Yet, his only proof offered on Mr. Stegman’s alleged homelessness were the items of clothing that were in Mr. Stegman’s messenger bag, and that he was resting in an public park area that homeless individuals frequent. Mr. Stegman was not homeless, so even the perception of ones housing status is subject to economic profiling from the Berkeley Police Department.

Berkeley Police department’s stop, detention, and arrest of Mr. Stegman does not come close to the legal standard of " reasonable suspicion" or " probable cause" as set by both the federal and state courts and constitution. There is no state law of local ordinance that bans sleeping in public parks during daytime hours in the City of Berkeley. Therefore, if we believe that the Officer’s false accusation was true, that Mr. Stegman was asleep in the park. The arrest failed woefully by the standard of " reasonable suspicion" to stop or detain Mr. Stegman because he was not engaged in any unlawful of illegal conduct.

Also, in Mr. Stegman’s case the arresting officer lacked "probable cause". The arrest of Mr. Stegman was also illegal and unlawful. In order for an officer to make a lawful arrest without a warrant must have probable cause. The California Court has stated, "a policeman may arrest without a warrant whenever he has probable cause to believe that the person arrested has committed a public offense". (Agar v. Superior Court (1971) 21 Cal. App. 2d. 24,28, 98 Cal. Rptr 148)

Mr. Stegman was arrested for violation of Penal Code 148. An arrest for a violation of California Penal Code section 148 for merely refusing to answer the questions put forth by law enforcement officers is lacking any legal basis. In a decision the United States Supreme Court ruled "law enforcement officers do not violate the Fourth amendment by merely approaching an individual on the street or in another public place, by asking him if he is will to answer some question.... The person approached, however need not answer any question put to him; indeed, he may decline to listen to any questions at all and may go his on his way" (Florida v. Royer (1983) 460 U.S. 497-498 [75 L.Ed2, 235-237, 103 S.Ct.1319). Therefore, it is clearly obvious that Mr. Stegman has a constitutional right to remain silent and ignore the Officer’s questioning, and should not be taken into custody for simply exercising his constitutional rights.

Throughout Berkeley, people of color and poor folks find themselves under constant harassment and intimidation whether they are young punk rockers on Telegraph Avenue, low-income individuals selling their " Street Spirit" newspaper on Shattuck Avenue, African-Americans doing anything in South and West Berkeley. In Leo Stegman’s case, Berkeley Police Department attempted to illegally control and restrict the uses of a public areas by harassing residents of those areas that are perceived to be poor and homeless or people of color. The United States Constitution Fourteenth Amendment’s Equal Protection Clause prohibits discrimination based on class, the United States Civil Rights Act of 1965 prohibits discrimination of individuals because of their race, color, creed, gender, national origin or religious beliefs. However, relics of the Jim Crow and vagrancy laws of the Great Depression are practiced in the so —called progressive City of Berkeley. A city that prides itself on its tolerance and free speech. These practices of ethnic and economic cleansing are associated with New York City and Mayor Rudy Giuliani, not the progressive, tolerant and free love capital of the United States.

Unfortunately, no matter where you live in the U.S., the police are, the police. The practices of racial and economic profiling are nationwide phenomena.

After 24 hours Leo Stegman was cited and released for the Berkeley City. The District Attorney declined to file charges against Leo Stegman and he currently has a compliant pending against Officer Frederick at the Berkeley Police Commission.

by Tiny

PROPOSITION 21 PROMOTES INCARCERATING YOUTH RATHER THAN EDUCATING THEM.

For More Information About Black Folks Against Prop 21, how to get involved within the coalition as a volunteer or intern, please contact (510) 451-8813 or (510) 533-6629.

Art or Vandalism?

By Lisa Gray-Garcia a.k.a. "La Tiny"

It was 8:30 am on a Sunday morning, in Venice Beach, California. On this hot morning in June, the sun was out long enough to cook the asphalt into a black steaming stew emitting warm tar vapors like a simmering curry. On any other day it would have been too late to achieve the special quiet-ness an artist needs to create their work, but in Venice Beach, on a Sunday morning, only the pigeons and the waves lightly rippling against the shore, were awake. A vague medley of swishing palm fronds and the occasional runner blended into a cacophony of morning-nature that surrounded me as I caressed the canvas with my sweeping brush strokes. A soft restfulness, washed over my head far from the over- loud sounds of home, school, poverty and stress that filled my life on every other day... suddenly, the low rumbling of an approaching car... the spray can in my hand dropped to the ground registering a tinggggg- I looked up to see my work-, my art-work; on the dividing wall in front of me, I heard a loud ca-chunk of a thick door slam behind me... the heels of large boots hit the asphalt...."You're under arrest", the command sliced the air.

I was 14 years old at the time, that was 13 years ago - if the juvenile crime prevention act was in place - I would have been convicted as an adult, charged with a felony as opposed to a misdemeanor (under the act, $400.00 of damage is automatically a felony) and served "hard" time for this art "crime". Or in the case of young Lance Dolan, a twenty year old "tagger/artist, who is currently serving a16 month term for vandalism (read Graffiti), convicted under the three strikes law. The idea being, that if you remove young gang members from the "streets" by incarcerating them, you will be separating them from the influence of gangs. Unfortunately this idea fails because, the organization of gangs are at their most powerful in penal institutions, and just to survive, a mere gang "wanna-be"/ graffiti artist must become a full-fledged gang member just to survive while serving a jail sentence.

The question now urgently becomes what is art? What makes something "vandalism" instead of site specific public art? For example, the art of Rigo, known for his large single word messages on the walls of large buildings, Barry Mcgee, known for his art critic sanctioned "graffiti. "Tagging" instead of a "text-based art piece" such as the conceptual work of Barbara Kruger, known for her ad-like text-pieces or "style" like the fashion designers who used to "borrow" the look of the "streets" when creating $3,000 graffiti Style"" jeans.

Perhaps, the difference is resources and education, I and most of my very poor friends, never had the financial resources to go to art school, which is one of the channels to visual art recognition, validation and a chance to leap inside of the margins of "acceptability. My lack of educational access, luck or financial resources, insured that my art would remain on the "outside" and reliant on the art critiques of the Gang Task Force. (nationwide; Police forces have launched special task forces focused on gang activity) Consequently, through the concerted efforts of neighborhood clean-up campaigns and the police, my art and the art of Lance Dolan remains illegal, unsanctioned and undeserving of any title but; "vandalism".

The other important questions are, what or who determined that the lack of graffiti on a wall makes it "clean" or desirable? In other words, that the public lack of color, shape and form is the way things should be. In indigenous cultures throughout history as well as Greco-Roman times - the use of walls for messages images, the recording of history, and art, was the norm.

How have we created a society that is so enthralled with the cleanliness, blank-ness, or white-ness of everything? The homogenous corporate aesthetic has become our norm. Nationwide, communities converge for the "great neighborhood graffiti clean-up". On one such clean-up in Los Angeles last week, a graffiti cleaner attested to the fact," that as soon as he cleaned the wall someone else would "tag" it - but never fear he would be there to "fix" it - could it be that in an odd way, a new form of marginal collaboration is in progress, or is it just another example of American citizens working for the corporate vision, even if by default.

The solutions? Use some of the financial resources being directed at "Gang Task Forces" and the building of more prisons into well-developed art programs for inner city and poor rural school districts. And as a society approaching the millennium, we need to re-think our notion of "art" and canvas, or we will continue to incarcerate our most determined art-makers, who are attempting, like all artists, to be seen, heard and recognized.

by Tom Mc Kay

When I got divorced at the age of 33, I felt betrayed by our cultural belief system. I had done everything right. I had conformed to the social standards that were deemed “proper” -- and that belief system had led my life to TOTAL FAILURE.

What good is a life with NO HAPPINESS in it? Why would I want to work to support a social system that denies me happines? Happiness and love go together. Where there is no happiness, there has been a lack of love. Jesus taught us that LOVE is the most important thing we need to learn in life. In the beginning stages of learning how to love, happiness, love, and sexuality are closely related.

Sexuality is a powerful force in the attraction between men and women. Sexuality brings us together, and then we need to learn how to love each other.

Unfortunately, our culture is fanatically hateful towards sexuality for many reasons. People who express their sexuality in irresponsible ways can cause tremendous problems. Many religions teach us that celibacy will help us to grow spiritually (although this is not true). Many of our corporate leaders feel that frustrating sexuality can help them turn us into neurotic workaholics. Many of our military leaders recognize that frustrating their soldiers turns them into viscious killing machines.

In The Ultimate Frontier, by Eklal Kueshana, page 257, a member of the Great White Brother tells Eklal: “The human brain will produce a personality which is either pleasure-oriented or violence-prone. Its neurological structure allows it to develop only one way or the other."The hatred of sexuality in our culture has caused us to become extremely violent and cruel."

In order to promote an authoritarian structure in our families, men are taught to use economic blackmail and physical intimidation to control their wives. Women are taught to use sexual blackmail and verbal skills to control their husbands. The end result of these teachings is that many relationships between a man and a woman become power struggles to determine which person will be dominant in the relationship. Sharing and mutuality are not encouraged in our cultural attitudes.

The most unrecognized form of sexual abuse is the conscious and deliberate frustration of a man’s sexual needs. Whether it is done as an act of punishment, for manip- ulation, or for blackmail, it damages the TRUST that is the foundation for all social relationships.

Sexual frustration hurts men much more immediately and much more intensely than it hurts women. This is because men are living their lives under the influence of TESTOSTERONE and women are living their lives under the influence of PROGESTERONE.

Unfortunately, the pain caused by sexual frustration makes men angry, hostile, and aggressive. This can sometimes be expressed as criminal attack, assault, rape, battering, infidelity, or even kidnapping and enslavement. This is no way to run a society.

Our cultural leaders have engaged in a massive mind-control campaign to deny the relationship between sexual frustration and the many different social problems it causes or exacerbates. This denial is dishonest and destructive.

It is impossible to solve a problem until after we are willing to be honest about it. Honesty must come first. This problem can be solved, but first we must engage in some honest social dialogue. Sexual abuse cannot be tolerated.

by Leroy F. Moore

Bustin’ My Butt

"Working 9 to 5…"
Dolly Parton sang
But I’m bustin’ my butt 24/7
"I bring home the bacon…"
Remember that song
I’m bustin’ my butt keating leftovers

People say what goes around comes around
I’m bustin’ my butt
But no money is circling around me
Others say give and it will come back to you
My closet and heart are emptied
But bills are all I have received

Revolutionaries will die for the cause
But what is the real cause
They are busin’ their butts for
And striving to death

"Just give it time!"
Tell that to my pocket and stomach
Tick tick tick tick
Time is ticking and I am wasting away physically and mentally

Bustin’ my butt for what
Somebody ate my piece of the pie
The American Dream is a lie
My life is like Good Times

Busted my butt for that white paper so I get some green paper
But I was told I need more white paper
So I took out a loan

Now Uncle Sam wants some green paper for the white I received

I’m bustin’ my butt
But I’m still broke
Stress out and beat down
Need to calm down before I have a stroke

DAMO’s 1st Annual
Celebrating Ourselves

It was a beautiful day, not drop dead gorgeous. The sun raised up on August 30th 2000 and DAMO’s staff got busy. It was our first ever Celebrating Ourselves Blasting Stereotypes on Visible & Invisible Disabilities event at McLaren Park Amphitheater in San Francisco.

Walking like zombies, with sleep in our eyes, the DAMO staff crowed into the kitchen to make one hundred lunches, hang up posters and blow up balloons.. All the obstacles we had run into for the last three months of organizing this event , didn’t matter on this sunny morning. Like they say in Hollywood "the show must go on!". We descended on McLaren Park Amphitheater at 9:00am. And oh my God did the show ever go on!

Like busy ants we covered the Amphitheater and turned it into a rainbow of colors. Time was ticking away while the sun beamed down on us helping us relax. The feet of children and adults scrambled around the Amphitheater decorating the stage and the seats. The show was scheduled for 11:00-2:00 and we were doing good on time. For entertainment we had a raffle and prizes, a live DJ and dancers, a dance contest a poet, and yours truly was the first disabled black clown. For refreshments we had the lunches we packed plus 7UP and Frito Lays donated three cases of soda and chips.

The gates opened and we waited for our audience. The show stared at 12:00pm. (better late than never!). Idell Wilson and I welcomed the crowd. The sun spilled over the park and because of the heat I had to take off my blue, red and yellow clown wig. The DJ did not waste any time pumping up the crowd with our theme song. The whole show was like climbing a ladder: the poets, artists and the energy of the hosts with the hot licks of the DJ took everybody higher and higher.

At lunchtime everybody mingled and got to know the artists and the vision of DAMO. We raffled off toys, Tupperware and we even had a disabled Barbie! The most amazing element of the whole day was the children. Half the audience was teens and children. They made the show come together by dancing on stage and winning our raffles. They danced with disabled poets and artists without hesitation.

The show ended with a call for people to get involved in Disability Advocates of Minorities Organization (DAMO). We spoke of the emergency that disabled minorities are in today and expressed our need for help.

One last note: this event could not have happened without support from the Women’s Foundation, Bay Area Homeless Program, LA FAMILIA, 7-up Bottling Company, Frito Lays Company and all the artists and poets who participated. A big special thanks goes out to the staff of DAMO - especially Idell Wilson and her children.

DAMO plans to make Blasting Stereotypes on Invisible & Visible Disability an annual event! We’ll see you next year!

By Leroy F. Moore
Founder and Executive Director of
Disability Advocates of Minorities Org., DAMO

by Kaponda

The violent collisions between the howling winds and leaves of the palm trees in front of the red-brick building had captured my attention as my editor and I walked to the front of the still in-development PAC-BELL Park. We had come out to the Park at China Basin to attend a press conference to protest the enormous amount of attention this ballpark is getting in contrast to the lack of attention given to victims of SRO (Single Room Occupancy) hotel fires. Protecting her hair from the sort of droplets caused by the sudden burst of clouds overhead, Frances Pinnock began her attack on the administration of Mayor Willie Brown.

"There is this wonderful ballpark which is about to open on time with 1,800 construction workers working on it everyday. And there are at least seven or eight hotels in San Francisco that are having no work done on them. Our clients are still homeless. The hotels should be repaired. Our clients are demanding that the Mayor speak to the owners [of these hotels] and say [to them] that you can repair these hotels. We like the ballpark. But we want the City of San Francisco -- and we know you can do it because there is massive amounts of money here in the City -- to get these hotels repaired for your tenants and my clients."

Frances Pinnock represents 87 former tenants of the Hartland Hotel and 29 former tenants of the Thor Hotel. As a result of the owners' neglect to bring these hotels back on-line for occupancy, Frances has lodged two Complaints in the Superior Court of California. According to the Complaint filed by Ms. Pinnock, the owners of the Hartland Hotel have received "large settlements from the insurance company, but have as yet to apply for a building permit for the repairs and remodeling."

On February 12, 1999 at 11:00 a.m., the 150-room hotel at Geary and Larkin that had been born out of the 1906 earthquake by the Hartland brothers was ravaged by fire. The fire allegedly began in a lightwell filled with debris. It was not the first fire to occur in the lightwell at the Hartland Hotel. As a result, according to the Complaint, "Years of neglect and decrepit conditions created nightmarish living conditions for people with few housing alternatives, and ultimately led to the fire that displaced all the residents of the Hartland Hotel." One-hundred fifty tenants of the Hartland were displaced as a direct result of the fire.

"The question must be asked of the Mayor," continued Ms. Pinnock, "'Why is this ballpark able to be finished on time and there is no work being done on these hotels at all?'"

Richard Marquez had come to the press conference on behalf of Mission Agenda to state that during the last two years there have been seven major fires in as many SRO hotels. "Mission Agenda, therefore, created a coalition to compel the City to urge owners to compensate tenants fairly, and at the same time, to force them to rebuild the hotels." According to Richard, there were 150 tenants living at the Hartland at the time of the fire. There are 70 tenants scattered around the city who cannot be located.

David McGuire is one of the 150 tenants at the Hartland Hotel who were displaced. A former tenant of five years, he was forced to move out everything that he owned into a storage area. According to David, as he moved his personal belongings out of the Hartland Hotel, he sustained an injury because neither the Hartland, nor the City provided services to move victims out during emergencies. As a result of his injury, he needed crutches.

David McGuire is secretary of the Hartland Hotel Tenants Union. He is one of the plaintiffs in the Complaint against the Defendants, Hartland Hotel. His traumatic experience at the Hartland has catapulted David into full-time service, advocating for a state-of-emergency declared so that federal money can be made available to repair hotels. David state that "There are approximately 1,000 to 1,100 SRO's that are off the rental market due to owner negligence, and some of them have been off the rental market since 1988."

"We've been working on the residential hotel issue for about the past four to five years and have been trying to do something about the rash of hotels fires which have been totally out of control during the last three years," stated Chris Daly, Coordinator of the Mission Agenda, in response to the concerns of David McGuire. "The Mayor¼s office, to an extent, has talked about better emergency responses to these situations."

With tears in her eyes and uncertain of her future, Carmen came to the microphone to testify on concerning her experience. For 35 years Carmen, an elderly lady of 89 years old on a walker, was a tenant of the Hartland Hotel. She lost everything she owned as a result of the February 12, 1999, fire. Carmen was so distraught at the press conference that she could not go forward with her planned statement.

Ramona Herrera is a former tenant of Hartland Hotel and is now homeless. He states, "Its been a year, and I am still homeless. I would like to see them fix the Hartland. We are still on the streets. We are still going from hotel to hotel, and it is devastating."

The rain did not stop or shorten the press conference; there were many more people who stepped up to the plate to testify of their losses and anguish on that windswept day at Pac Bell Park. The final box score, according to the press release circulated by Mission Agenda, was Pac Bell Park, $320 million to construct a brand new building in record breaking time, and the SRO hotel fire victims, $0 for badly needed restoration and renovation of damaged buildings.

by Tom Jackman

(Reprinted from the Washington Post, courtesy of chris98@pacbell.net)
Saturday , September 2, 2000

An undercover Prince George's County detective followed a man from Maryland into the District and finally into Fairfax County, then shot the man to death early yesterday after the man rammed the detective's unmarked car with his Jeep Cherokee, authorities said.

Prince C. Jones, 25, of Hyattsville, a personal trainer at a Bally's Fitness Center there, was pronounced dead at Inova Fairfax Hospital.

Fairfax police said Jones and the detective, whose name they would not release, were in their vehicles when Jones was shot about 3 a.m. near Seven Corners, and police would not say whether Jones fired any shots. After he was shot, Jones drove about two-tenths of a mile toward the home of his fiancee, Candace Jackson, 22, and crashed into a parked car just steps from the house where Jackson was waiting for him.

Neither Fairfax nor Prince George's police would say what sparked the confrontation that led to the shooting, whether Jones was armed, why he was being followed or how many times he was shot. Fairfax police said the detective identified himself as a police officer, but they would not say how or at what point during the incident.

The police account was immediately questioned by Jackson and an attorney for Jones's family. They said they couldn't understand how the detective could have identified himself, and they described Jones as a hard worker who had never been in trouble. The attorney, Ted J. Williams, a longtime family friend, said the family would seek an independent FBI investigation.

In the past 13 months, Prince George's County police have shot 12 people, killing five of them, including Jones. Two other men have died of injuries in police custody. Most of the incidents are being investigated by the FBI, and the Justice Department is considering conducting a broader probe to determine whether there is a pattern of civil rights violations by county police.

In May, juries awarded $4.1 million and $647,000 to two people who were beaten or otherwise mistreated by county officers. County Executive Wayne K. Curry (D) has appointed a task force to take a broad look at police behavior. The group is to issue a report by Oct. 1.

The number of complaints alleging excessive force, harassment and the use of abusive language surged 53 percent last year, to 90, the highest number since 1994.

The detective involved in yesterday's shooting, a 26-year-old man with six years on the force, was placed on leave with pay and has not been charged, said Cpl. Tim Estes, a Prince George's police spokesman. Estes would not say whether the detective had violated any laws or policies pending an internal investigation. The Prince George's police weapons policy says, "Firearms may only be discharged . . . from or at moving vehicles when the occupants of the other vehicle are using or threatening deadly force by a means other than the vehicle."

Fairfax Commonwealth's Attorney Robert F. Horan Jr. said he would await the police investigation before deciding whether to file charges. He said no officer had been charged in a police-related shooting in his 32 years as prosecutor in Fairfax.

The incident began in Hyattsville, where both the detective and his supervisor were conducting surveillance on Jones, Estes said. He said they began following Jones in the Chillum Park area. They followed him through the District and into Virginia without losing sight of him, Estes said. He would not say why Jones was being followed. The detective is assigned to a narcotics unit in the Hyattsville
station.

Estes said that Prince George's police routinely venture into other jurisdictions during investigations and that their policy is to notify the other jurisdiction only if an arrest, the serving of a search warrant or other overt action is to occur. They did not alert Fairfax or the District about this case, Estes said.

After the officers followed Jones into Fairfax County, Jones pulled onto Beechwood Lane, just off Route 50 near Seven Corners. The detective's supervisor became separated from the surveillance, but the detective continued, Estes said.

Rather than continue to the house where Jackson was staying, Jones apparently pulled into Spring Terrace. Estes said the detective did not make himself known to Jones and didn't initiate contact, but "apparently [Jones] made himself known to the officer."

Neither Fairfax nor Prince George's police would provide details of what happened next, other than to say that a confrontation occurred and that Jones rammed the driver's side of the unmarked police car. One neighbor, who asked that her name be withheld, said her husband heard 12 shots. Another neighbor said she was awakened by the sound of squealing tires, heard shots, then more
squealing tires.

Williams, the family attorney, said a Fairfax detective told him Jones apparently pulled into a driveway and turned off his lights. The unmarked police car went past, then turned around. As the police car approached again, Jones rammed it, Williams said.

Officer Jayne Woolf, a Fairfax police spokeswoman, said the detective "at one point did identify himself as a police officer." But she would not say whether either man got out of his vehicle.

"It does not make sense, that if someone was ramming your car, you have the wherewithal to identify yourself and shoot at the same time," Williams said. Williams said a doctor at Inova Fairfax told him that Jones had been shot nine times. Police would not say how many times Jones was hit.

Members of Jones's family said Jones did not own or ever use a gun. A family friend said she was told by a Fairfax police officer that Prince George's police had pursued a Jeep from Hyattsville, lost it, and picked up the wrong Jeep in Virginia. Prince George's police denied that account.

Jones, who attended Howard University and was working toward a degree in human development, worked as a trainer and sales representative at Bally's.

"He was of an awesome character," said Charles Greene, manager of the Wheaton gym. "He helped liven the place up. When people would come in he would greet them and say, 'Come on, let's work out, let's get started.' There wasn't anyone who didn't enjoy working with him."

Courtney Phelps, a friend since 1992, called Jones "the most clean-cut guy" who never had been in trouble.

Jones, whose mother is a radiologist, hoped to become a doctor after spending a stint in the Navy, said Jackson, his fiancee. She said he was a fitness fanatic who "would never take drugs. He prays all the time. He was not a violent person; all he wanted to do was do the right thing, and they stole that."

Jackson learned of the shooting after Jones's car crashed into the parked car outside her home and she heard the commotion that followed. She wandered outside to see what was happening, then saw Jones's black Jeep with Pennsylvania license plates. "At that point, I freaked out," Jackson said. She went with friends to Inova Fairfax.

"All he wanted to do was to see his daughter grow up," said Jackson, who has a 10-month-old daughter, Nina, by Jones. "They robbed him of that."

by Kaponda

Like a high-speed rail train, family and friends of Mumia Abu-Jamal moved quickly and precisely to claim their seats. A banner of "Congratulations," draped across the eaves of the balcony, expressed the attitudes of most of those sitting in the dim surroundings of Mission High School. The standing-room only crowd in the auditorium came to congratulate not only Professor Angela Davis, Geronimo Ji Jaga, Rubin 'Hurricane' Carter for their heroism in the face of adversity, but also to move the trial of Mumia Abu-Jamal from the political grasp of red tape to the people's court of humanity.

Armed to her teeth with the truth about the circumstances swirling about the controversial case of Mumia, I asked the minister of confrontation for the MOVE organization and disciple of John Africa, Pam Africa, what she expected to accomplish at this Mobilization to Free Mumia Abu-Jamal? "People get on the move and stay on the move. This government is serious about killing each and every last one of us! People have to educate themselves and resist -- that is the key. You have to resist a government that is hell-bent on killing....If we are talking about freeing Mumia Abu-Jamal, then we have got to deal with these issues. How can you care for one and dam all the fuckin' rest?"

Donned in a black beret to which a solid piece of revolutionary material was fastened, Pam moved swiftly to tell the many young people in the auditorium, whom she cited as a primary reason why Mumia will prevail, and the other friends and family of Mumia Abu-Jamal that, "We are at War!"

Opened and declared armed hostile conflict has been used in the past to champion the liberty of many people and organizations. In 1934 two longshoremen were killed during a maritime strike. Their deaths provoked the entire city of San Francisco to anger; and, subsequently, the citizenry became sympathetic to the strikers and a general strike resulted. I spoke to Walter Johnson of the San Francisco Labor Council and asked him what role labor played in the mobilization to free Mumia?

"The San Francisco Labor Council is here to make sure everyone understands that we still support Mumia Abu-Jamal, and we are happy to say that we got a resolution passed by the California Labor Federation of the state of California which states that we support a new trial for Mumia Abu-Jamal. I think justice has to prevail. If we are going to talk about the Declaration of Independence and Constitution and the right of an individual to have a fair trial, then we must be persistence and get the message across the country."

As a stream of light from a projector cast him in a panoramic view, Walter Johnson conveyed to the audience that he asked President Bill Clinton in a written letter, "what is more important, a human life or an inmate?" However, according to Walter Johnson, the president declined to respond.

Everyone who spoke alluded to the unusually large presence of adolescence and Leonard Weinglass, Mumia's chief legal counsel, used this demographic as a possible deciding factor in the eventual freedom of Mumia Abu-Jamal. In fact, he stated that if this groundswell of support by our young people continue, then "I think Mumia will regain his liberty." I asked Leonard to talk to me about the status of Mumia's case?

"For the first time in 19 years," stated Mumia's attorney, "Mumia's case is before a federal judge in Philadelphia. We filed all our papers. We are waiting for the judge to contact us. We can go into court and argue Mumia's case for a new trial. It should happen before the end of the year."

"The court is the Federal District Court in Philadelphia, the lowest federal court. It is in the nature of an appeal. We have completed all of our case in the state courts. We have finished with our state appeals. Now we move over to the federal court and start anew."

I asked Weinglass about his thoughts concerning Mumia's eventual freedom?

It is going to be a long struggle. We are at the beginning point now which is a critical point in the federal courts. If this movement -- evidence of which you see tonight -- continues to build and develop, then I will become more optimistic. But the people have to be heard from. The public has to be heard from. People have to get engaged. If that happens, then I think the judge will be compelled to follow the law. If he follow the law, then Mumia will be a free man."

Leonard Weinglass told the young people and everyone else in attendance that Judge William Yohn, a judge appointed by then-President George Bush, will decide whether an evidentiary hearing to determine whether the mountain of facts in favor of Mumia, heretofore not included, will be admissible or whether the federal courts will review Mumia's case based on the Pennsylvania court record.

Much has been recorded about the case of the inmate on death row in the state of Pennsylvania, even Mumia himself has written books and has chronicled over 400 columns on his life. So when I talked with Michael Franti, who provided the spoken words of the evening, I did not expect him to offer very much when I asked him if he felt that justice would prevail in Mumia's case? However, as it turned out he may have offered the most compelling insight of the night.

"If I did not feel that justice would prevail, I would not be here. I feel that in the end the truth will come out and that Mumia will be set free!"

Franti told the young people and other friends and family of Mumia that he was told by Mumia not too long ago, that "the role of the artist today is to, "enrage, enlighten, and inspire."

Professor Angela Davis inspired the audience with words of resounding assurance. She spoke of the collective power of the people in the audience and how that power is underestimated. She also alluded to the recent Democratic and Republican debate in which the death penalty was not even an issue, although many people are being released from death row based on new DNA evidence and other factors.

Professor Davis brought the crowd to its feet when she stated that "there are more police in the United States than in any other police state in the world characterized as a fascist state or a dictatorship."

The keynote speaker and one of the real heroes of the evening, Rubin "Hurricane" Carter closed out the event with a series of anecdotes of his 20 years of wrongful imprisonment. He stated that he was convicted of triple murder and sentenced to a triple life sentence in 1966. According to Rubin Carter, "I am a survivor of solitary confinement and prison in the same way as someone who survived some of the most heinous crimes against humanity in the history of the world.

The legal defense of Mumia Abu-Jamal was bolstered by a $25,000 check donated to the Family and Friends of Mumia Abu-Jamal by Danny Glover on behalf of The Vanguard Public Foundation. Pam Africa received the check on behalf of the Family and Friends of Mumia Abu-Jamal amid a thunderous applause as traces of moisture trickled down her smooth, brown expression of conquest.

by Rhonda Parker

EUREKA -- An innocent man has been charged with slashing another man's throat during a brawl last week on Arcata Plaza, a defense attorney told Judge Marilyn Miles on Thursday.

Deputy Public Defender Roger Parshall said the man who really committed the stabbing has confessed repeatedly, but law enforcement has chosen to ignore him and pursue charges against Joseph Nurkiewicz. Parshall, arguing during a bail hearing Thursday afternoon, said the district attorney must at some point concede ''that in all likelihood they have charged the wrong man.''

''I don't think Mr. Parshall's going to get that concession,'' Deputy District Attorney Worth Dikeman responded. ''Mr. Nurkiewicz allegedly sneaked behind a person and tried to slit his throat. We think those kinds of people belong in jail.''

The 21-year-old Nurkiewicz is accused of stabbing 25-year-old Jed Vandenplas during the Aug. 25 fight between Plaza transients and those who resent them.Vandenplas was treated and released for his injuries.

Nurkiewicz supposedly is one of the transient crowd, although Parshall said Thursday he has lived in Arcata for three years.

Lolita Bijarro, Nurkiewicz's fiancee, said it was a friend of theirs who committed the stabbing. She said the man was trying to help Nurkiewicz, who was fighting off a half-dozen attackers.

''If (the man) did not do that, my old man would not be here right now,'' the 20-year-old Bijarro said outside the courtroom after the hearing. She said the actual stabber has made several statements to law enforcement.

Tension has been simmering for some time between some local residents and the crowd of transients who hang out on the Plaza. Police say the fracas last week started because of a fight a few days earlier between Bijarro and another woman.

Bijarro admits she ''had a conflict'' with a woman. But she said the problems were actually caused by a man who had been continually insulting ''the hippies,'' advising them to get jobs, take baths and get out of town.

She said she suggested to the man that he is upset because the hippies are happy and carefree.

''Are you jealous because people give me money for beer and you have to work for it?'' Bijarro said she asked the man.

During the fight in which Nurkiewicz allegedly stabbed Vandenplas, Nurkiewicz's friend Randolph Tolley reportedly bashed someone over the head with a heavy flashlight. That person also was not seriously hurt.

Both Nurkiewicz and Tolley are charged with assault with a deadly weapon.

Tolley's attorney William Cater told Judge Miles that Tolley, 33, has lived in the county about two months and works as a jeweler. He said Tolley may have used his flashlight to defend a friend who was being attacked.

Judge Miles, after listening to lawyers' comments, refused to release the men or reduce their $50,000 bail.

Parshall argued the actual stabber has confessed to law enforcement. And in the victim's statement, he said, ''includes transparent lies.''

''They've got the wrong guy,'' Parshall said outside the courtroom.

Dikeman said charges were filed against the man believed responsible. He said the issue should be sorted out during the preliminary hearing. It is set for later this month.

''The purpose of the preliminary hearing is to weed out unjustified charges,'' Dikeman said. ''If Mr. Parshall is correct, I'm sure the judge will agree with him. If he is incorrect, I suspect the defendant will be held to answer.''

by Tom Jackman and Jamie Stockwell

(Reprinted from the Washington Post, courtesy of chris98@pacbell.net)

The shots by a Prince George's police officer that struck and killed a Hyattsville man in Fairfax County last week entered the man's back at a 45-degree downward angle, which attorneys for Prince C. Jones's family said indicates that he was hit as he was driving away, down a hill.

The findings, from a private autopsy performed for the man's family, seem to contradict police statements that Cpl. Carlton B. Jones, an undercover narcotics detective, fired into the back of Prince Jones's Jeep as it rammed the unmarked police Mitsubishi Montero.

Ted J. Williams, a lawyer representing Prince Jones's family and a former D.C. homicide detective, questioned whether the officer was seated in his vehicle when the shots were fired. According to Williams, the autopsy found that Prince Jones was shot five times in the back and once in the forearm, also from the back.

But Fairfax Commonwealth's Attorney Robert F. Horan Jr. said yesterday that "we have one independent witness who puts the police officer in the vehicle when he shoots. I don't think there's any question the officer was in the vehicle." Horan would not identify the witness.

Horan attributed the downward trajectory of the bullets to the detective's Montero being "slightly higher. He's above where the other guy [Prince Jones] is." He said the trajectory "all depends on where the guy [Prince Jones] sits."

Manufacturers' specifications show that the difference in the vehicles' heights is about four inches.

Williams said that if Prince Jones was backing up when he was shot, "some of the bullets would've hit him in the side."

"When you look at where the bullet wounds are, that to me is consistent with him moving away, looking ahead, not having his body in a contorted or twisted manner," Williams said.

Fairfax police, who are conducting a criminal investigation of the shooting, would not respond to Williams's theory. They have not released any results of the official autopsy.

The FBI is conducting a separate criminal investigation to determine whether Prince Jones's civil rights were violated, and there is also an internal investigation by Prince George's police. Carlton Jones, 32, who is on leave with pay, has been questioned by Fairfax police, but not by Prince George's officials.

The investigations come as Prince George's County officers have shot 12 people in the past 13 months--five of them fatally--and two other persons have died in police custody. At the same time, Justice Department officials say they are moving toward expanding the federal civil rights probe of the Prince George's canine unit to include the entire department.

Royce Holloway, spokesman for the Prince George's police, would not comment on the findings of the family's attorneys and deferred all calls to Fairfax County police. He said the department will not issue any statements until the investigation is complete.

Prince Jones, 25, a personal trainer at Bally's Total Fitness in Prince George's Plaza and a student at Howard University, was shot and killed about 3 a.m. last Friday. Carlton Jones and his supervisor followed Prince Jones's Jeep from Chillum, across the District and into the Seven Corners area of Fairfax County.

Prince George's Police Chief John S. Farrell said this week that the detectives were following the Jeep after receiving a tip that it could be connected to the theft of a police service weapon. Farrell said that the officers did not know who was driving the vehicle and were following it merely to find out where it was going.

He said that because officers did not plan to stop or confront the driver, they did not notify Fairfax officials that they had entered the county.

Farrell suggested that the detective may have feared for his life as his vehicle was being rammed, possibly justifying the use of deadly force. Prince George's police policy specifically prohibits shooting from one vehicle at another if the other vehicle is only ramming the police car.

Gregory D. Lattimer, another attorney for Prince Jones's family, said that if Prince Jones was driving in reverse into the Montero when the officer fired, there should be gunpowder residue on the glass particles blown into Jones's Jeep by the shots.

Williams theorized that Prince Jones, "in fear, not knowing who this person was, clearly seeing that it was not a police officer, may have backed into the person's vehicle in an effort to leave the area."

"Out of his own fear," Williams said, "he may very well have had some contact with the police vehicle, trying to get away in a very frightening moment."

Holloway, the Prince George's police spokesman, said that nothing restricts an officer from traveling across jurisdictions to conduct an investigation. Until the officer feels it is necessary to take action, he does not have to contact local authorities.

Area attorneys said that while the surveillance of Prince Jones was not unusual, the shooting--several jurisdictions away--was clearly rare.

"Absent the shooting, there was nothing unusual about the incident," said Robert C. Bonsib, a Washington defense lawyer.

Bonsib said that many questions surround the case and that the "whole point of a surveillance is to not be seen."

Said James Klimaski, a lawyer in the District who has represented several plaintiffs in alleged police misconduct cases: "I haven't seen anything like this other than what happens with a hot pursuit. You have officers who shoot suspects in their own jurisdiction, but to cross the county line and take action like that without notifying the local authorities, that's just very rare."

Earlier this week, attorneys for a Laurel man filed a $10 million lawsuit in U.S. District Court in Greenbelt against Prince George's police and a dozen individual officers, alleging that undercover narcotics detectives followed him into Anne Arundel County, pulled him from his car and beat him.

Brian Romjue, 19, alleges in the lawsuit that he was stopped on Brock Bridge Road last September, forced into an unmarked vehicle and driven to an unknown location. He said that an officer grabbed him by the collar and hit his head, while another officer slammed his head into the passenger side window.

The officers named in the lawsuit are Sgt. Steven Piazzi, Sgt. Kevin Davis, Sgt. Joseph McCann, Capt. Buddy Robshaw and eight other unidentified men.

"This lawsuit is twofold: We are seeking the money because Brian needs long-term psychiatric care, and we hope that the Prince George's police take responsibility for these illegal actions committed by the officers," attorney Barbara R. Graham said yesterday.

A county attorney did not return a telephone request for comment.

Holloway said that an internal investigation into that incident is being conducted.

by Kaponda

I had already envisioned its sight before I opened the pale door held together by incongruent strips of wood. The stench of abandoned viscosity smothered my nose when I stepped into the small, forlorn room. I quickly mixed a milky abrasive the label of which claimed to be stronger than dirt -- into a liquid whose label portrayed a man whose head was shaven completely. The result was a product that could probably have annihilated the most hardened of scum. After three hours of scrubbing mucous and crud from the walls inside the room at the Jefferson Hotel, I felt the environment was safe for me to sleep.

Vulgar sounds on the other side of the door invaded my sleep like the teeth of a lion piercing the flesh of an African wildebeest. A loud thump on the door brought me to full alert as I moved quickly to the door. The person at the door held crack cocaine in his hand as he blurted out the price of his bag of death. I snapped back with threats that I was the master of this house and that I did not want to be disturbed. He replied on that April night in 1999, while five or six people sat in front of doorways smoking rocks in their crack pipes, that the Jefferson Hotel "belonged to the dope man" so I had no rights.

It has been over 11 years since that rude awakening at the Jefferson Hotel on Eddy Street had welcomed me to San Francisco. It was a hotel in which I had never thought I would have to sleep. There are many other hotels in San Francisco that operate like the Jefferson. They are like bordellos with organized drug dealers, prostitution and unsanitary living conditions. However, as of Wednesday, October 4, 2000, the Jefferson can no longer be classified as that kind of hotel.

The Jefferson is one of five (5) hotels in San Francisco whose residents have adopted a new attitude because the Board of Supervisors approved a proposal to launch a Master Leasing program which affects every part of the life of the tenants of the Jefferson. The program was spearheaded by the Tenderloin Housing Clinic and the Coalition on Homelessness.

"This program at an extraordinarily low cost has brought conservatively 350 vacant units (and overall 800 units) onto the real estate market because the hotels that had been leased prior to this did not maximize the permanent residency," stated Randy Shaw of the Tenderloin Housing Clinic, to me in an interview as he discussed some of the strategy that was involved with the development the Master Leasing program.

Before both the dot.com boom and surge in the economy, hotels such as the Jefferson had charged rents which were tied to the income that a person received from General Assistance or other fixed income. Since 1997, however, all of the residential hotels in San Francisco had begun to charge unaffordable rents and the housing shortage had tightened. Hotels were no longer accepting referrals -- the prevailing system at that time -- due to the rent increases. Out of this dilemma was born the concept of a Master Leasing program.

"I think that there are aspects to what the Tenderloin Housing Clinic is doing that are beneficial for people to get into housing. I think it sets up a scary situation when the only way a poor person can get housing is through a social worker," Paul Boden of the Coalition on Homelessness advised me during a telephone interview.

Since both Paul Boden and Randy Shaw, two people who have advocated for social change for years in San Francisco, view this program as a constructive move toward affordable housing, it could probably be safe to assume that the program would have passed through without a hitch, right?. Not so!

The Master Lease program went through intense scrutiny as part of the budget hearings. There were many concerns by members of the community and community-based organizations which forced the Coalition on Homelessness to request Board of Supervisor President Tom Ammiano to place money in reserve that had been earmarked for a Master Lease program at the Hartland Hotel, the first Master Lease program to come on line. In addition, the Coalition on Homelessness subpoenaed all papers related to any shelter policies by any agency of City government under the Freedom of Information Act. These processes by the Coalition on Homelessness caused a cooperative meld of the Department of Human Services (DHS), the Coalition on Homelessness and the Tenderloin Housing Clinic.

After all the players in the attempt to find affordable housing for homeless and impoverished people had begun to interact, the Master Lease program began to take form. The Coalition on Homelessness submitted a detailed report that recommended the course of action for the program. I asked Jennifer Friedenbach of the Coalition on Homelessness about the position paper and what it included?

"The Coalition came up with recommendations around how access [to affordable rooms] should work for Master Leasing. We took the issue before the Board of Directors of the Coalition on Homelessness, the Substance Mental Health Work Group and other service providers who tried to get leasing." Jennifer continued to recount the developments of the process that brought respectability to five of more than 100 residential hotel buildings in San Francisco.

"During the time we were in negotiations with DHS, there were only one or two people getting referred from the Department of Human Services’ PAES program and/or shelters to hotel rooms. The process was slow. Rooms were vacant while people slept on the street. The Department of Human Services wanted to handpick people in shelter case management programs or employable in their PAES program. After the Coalition on Homelessness and the Tenderloin Housing Clinic negotiated the Master Lease program with the Department of Human Services as a solid unifying force, the Hartland, Jefferson Seneca, Mission and Vicente hotels were approved as sites for San Francisco’s Master Leasing program."

The approval for these hotels means that these buildings are no longer managed and/or operated by their owners. These buildings are managed and maintained by employees of City Housing, a nonprofit in San Francisco. However, any major repairs are the owners’ responsibility. Residents of these hotels pay their rents to City Housing, which uses it to pay the monthly lease to the private owners of the hotels.

I asked Kerry Abbott of the Tenderloin Housing Clinic who actually is eligible for the Master Lease program? "Originally, only people coming out of case management for 30 days in shelters and those on PAES were eligible. Now, people working with any community-based agency can be referred." Kerry stated that this system is much better than the earlier policy.

I asked Paul Boden why have only five buildings out of 100 signed onto the Master Lease program?

"I am glad that there have only been five buildings to sign on at this point," stated Paul with an expressionless tone. "The access is not broad enough to satisfy the Coalition on Homelessness. If you are not able to go to work, for example, you cannot access these hotels." It seems the policies around the Master Lease program are not yet satisfactory, according to Paul Boden. With a surge of renewed interested, he went on to state that, "If we use government money to lease a building, then there should be a long-term plan to own that building and any homeless person should have an equal shot to access the building. Furthermore, there should be made available, if government money is used, direct access to housing throughout for people with disabilities."

There have been much handwriting on the walls of the Jefferson since that day in 1999, when I was told that I had no rights in my room. Today, however, thanks to the masterplan of both the Coalition on Homelessness and Tenderloin Housing Clinic, if the walls could talk, they would say to me, "Welcome to your clean home, master!"

by Scott Clark

The building at 255 9th St. in San Francisco is, by comparison to a lot of office buildings nowadays, a dinosaur. The words: Warehouse Union Local 6, I.L.W.U. stand out over top of a mural of an infamous labor struggle, which is partially obscured at all hours by two semi-clasping trees . The look of the place inside, with its muted sunlight, and red oak paneling, is a quieting influence in contrast to the flow of traffic up 9th St.. Except, that is, when there are union meetings going on, the occasional early evening or a Saturday; or early in the morning when the dispatch office opens. This is also the home offices for I.L.A. Local 38-44 Weighers, Warehousemen, & Cereal Workers; and the San Francisco Bike Messenger Association, The United Farm Workers and POOR Magazine, as well as the aforementioned I.L.W.U. Local 6.

The warehouse industries mentioned above are facing new challenges as commerce changes into ecommerce, and new styles of doing business accommodate themselves to the fast-changing paradigms of the 21st century. The presence of POOR Magazine in the same location, and the fact that POOR is an Internet-based nonprofit that has a reporting focus on, among others, issues of class struggle, were the influencing factors behind this article.

To shed light on the issue I sought out Fred Pecker, Business Manager for Local 6.

POOR: I'm here to talk to you about the ecommerce delivery companies that are not union-based.

Fred: Well., just so you know, a lot of them are union-based. What did you want to know?

P: Why can't a union-based company do just as good a job as a non union-based company?

F: They can. Traditionally, the union does not necessarily get all the contracts that are out there. With companies that have been around for awhile, there is more opportunity for unions to do the work and the organizing that is required to get those contracts.
Webvan, for example. They have their main warehouse, which they stock from the big Webvan trucks centrally. They stock the big warehouse with items that are currently in demand, and the central warehouse provides stock shipments and delivery/pickup services to the smaller warehouses, which are satellites of the main location.

But the situation in a large operation such as Webvan is that you get some of the locations becoming union-based, while others remain unorganized. This is really due to two things: the efforts of local unions to organize the workers; and the response of the workers themselves. It takes a certain type of person to organize a company, it's not easy work sometimes, and sometimes the employees themselves may be unresponsive, for whatever reason.

P: Some of the assertions in my reading material is that the unions are not actively working to organize the employees of ecommerce or attempting to get the ecommerce contracts. What do you have to say about that?

F: Well, with a lot of these companies, they will subcontract out to the unions to provide certain services to them. Say a company sets up to do web sales, they set up a catalog on the web. They may link up with a warehouse union locally that can store and stock all of their catalog items. Then they may want to do the delivery themselves, or they may contract out the delivery, as well. But whoever they contract out to is going to have to administer the billing, and the accounts management, and the time it takes to deliver the items in question, etc.

So, quite often the companies or unions doing the subcontracting will have their administrative services in a separate location from the warehouses and other services. So, again, you get down to the question of how many of these different locations and services are part of a union, and what parts have a history of not being organized, or organized with some success, and also, again, the people doing the organizing. It takes a certain amount of mettle, and perserverance; these are the main qualities of a successful organizer. It may be just one or two people, or it may be several. If these people do not appear, or they appear briefly and then move on, or if the workplace itself remains unresponsive from a worker perspective, then organizing within some part of a company, old or new, could take a very long time.

P: What are your future plans around the ecommerce warehouse industry? I see some new styles of delivery services taking place currently, as far as companies like Kozmo.com that do delivery of essentially whatever the customer wants, in under an hour. Do you have any response as to how this will affect expectations within the delivery industry overall?

F: Well, it won't really affect the companies that already have their contracts set up, and that do more large scale warehousing and delivery. What you’re going to find more with companies like Kozmo, and that you already find taking place, is that they’ll be using other people to provide the delivery, such as bike messengers used to do when it was business-to-business and they would just be delivering somebody’s important documents.

P: Yeah, I've noticed the Bike Messengers' Union is here in the same building as you guys (ILWU Local 250). So you think that they're going to have more involvement with the ecommerce industry than they do now?

F: Sure, well they are already involved with it. But the situation in an increasingly urban environment is that if people want something delivered quickly, they’re better off using bikes or motorscooters to do it, because these are the best types of vehicles for getting around when you have traffic jams all day long.

Tune in next week for Part 2 of “E-What?”. I will be interviewing Chris Johnson, research analyst for the I.L.W.U. International.

by Lester the Cat And Dee

Well, well, well, imagine me, Lester the cat,
writing about pigeons- whatever I know about pigeons could go in a cook book, along with all of the other tasty things that I’ve eaten.

Hands tells me secretly, Why don’t we invite those
pigeons over for dinner sometime soon?

Good idea, I tell him.

The reason I’m writing about pigeons is that this
guy named Joe sent me something that he wrote about
pigeons taking over the world (not with us cats
around, someone should tell him). This Joe wrote to
me and Hands:

Pigeons and cats mostly run Planet Earth!
Human’s destructive capacities are their own traits.
Let the humans believe that they’re in control,
stumble on to discoveries that we drop in their minds.
Their hidden control continues: These are
Birdview, Pigeon mind(s). Are You Sure That What
You Think Is You Or Are They P-Minds?

And he also sent us some photos- I’m including a
few. Don’t notice if they’re a little spotty: me and Hands had a little trouble with our spit the day that
we looked at them. We had a drooling problem
for some reason.

As soon as I finish this column, which is now, I
think I’ll send this guy Joe a Hands-written
invitation to dinner with me and Hands- for him
and for his pigeons. We’ll talk Joe (humor him)
into going out and taking many more rolls of film of
many more pigeons, lots and lots of pigeons. We’ll
give him categories: most beautiful pigeon, most
happiest pigeon, and so on- whatever takes him the
longest.

Meanwhile me and Hands will amuse ourselves,
discussing with the pigeons this plan for taking over
the world, and how Pigeons and cats mostly run
Planet Earth, and the Delicious Dinner we will
make OF, for, I mean, the pigeons that this Joe guy
leaves with us.