Citizens scheme to combat local law enforcement's attack on dissent

asheville | rights and freedoms | feature Friday August 24, 2007 17:38 by micah

Concerned citizens at "Patriots Meeting"

FROM THE NEWSWIRE: It wasn't your average activist meeting at the West Asheville Library on Tuesday night. A diverse crowd of roughly 60 people showed up to talk about the recent actions of local law enforcement and the ways in which Asheville citizens can make sure their constitutional rights are being upheld. Local radio host Virato formulated the idea for the meeting in reaction to four recent events: the assault and arrest of a West Asheville couple for flying an upside down American flag; the unprecedented police surveillance and repression of the Southeast Convergence for Climate Action and its direct action at Bank of America; the arrest by the Asheville Police Department of an activist for "freeway blogging", or holding a sign over a highway overpass while standing on a public sidewalk; and recent comments made by Mayor Terry Bellamy.

It wasn't your average activist meeting at the West Asheville Library on Tuesday night. A diverse crowd of roughly 60 people showed up to talk about the recent actions of local law enforcement and the ways in which Asheville citizens can make sure their constitutional rights are being upheld. Local radio host Virato formulated the idea for the meeting in reaction to four recent events: the assault and arrest of a West Asheville couple for flying an upside down American flag; the unprecedented police surveillance and repression of the Southeast Convergence for Climate Action and its direct action at Bank of America; the arrest by the Asheville Police Department of an activist for "freeway blogging", or holding a sign over a highway overpass while standing on a public sidewalk; and recent comments made by Mayor Terry Bellamy.

Attendees varied in age and group affiliation but were united in their concern (one attendee reportedly even risked his job to show up). The meeting drew several independent journalists, members of the Asheville Indymedia collective, and representatives from the Mountain Xpress and local TV news station WLOS. Members of Veterans for Peace, Women in Black, the WNC Peace Coalition, Asheville Rising Tide, the Green Party, and the Libertarian Party attended. The hosts of several shows on WPVM (the Progressive Voice of the Mountains, local community radio station) and on URTV (local public access TV station) took part. Libertarian City Council candidate William Meredith was present, along with unaffiliated candidate Lindsey Simerly. Jonas Phillips, the man arrested while "freeway blogging", was also in attendance.

Part of the meeting was spent recapping the arrest of Mark Kunh for flying an upside down flag, a case that has drawn national attention. According to reports, on the morning of July 25, Sheriff Deputy Brian Scarborough knocked on the door of Mark and Deborah Kuhn, a West Asheville couple who had attached an upside down flag to their porch. He showed them a print-out of a 1917 law against flag-desecration that has since been proven unconstitutional by a 1971 ruling by the District Court for Western North Carolina and rulings by the US Supreme Court in 1989 and in 1990. After being shown the print-out, the Kuhns took down their flag. Scarborough asked to see their IDs and the couple refused. They then walked back into their house and closed the door, locking it with the dead bolt. There are conflicting stories about what happened next. According to the Kuhns, Scarborough punched out a window in the door in order to unlock it, cutting his arm in the process. He entered their house without asking permission or presenting a warrant. Scarborough claims that Mark Kuhn slammed the door on his hand, shattering the window and cutting the his arm. Scarborough then reportedly assaulted Mark Kuhn, eventually arresting him. The Sheriff's Department has since dropped all charges against Kuhn. As of the date of this report, Scarborough remains a Sheriff Deputy with Buncombe County.

Police reaction to Southeast Convergence for Climate Action and a related action on Bank of America has undergone public scrutiny in recent weeks. The Southeast Convergence for Climate Action was a week-long camp held near the Asheville Airport, with workshops, trainings, and a heavy focus on direct action, corresponding with similar convergences on the West Coast and in the UK (see http://www.climateconvergence.org). Throughout the duration of the Convergence, police helicopters made daily circles of the camp. On the morning of August 13, local law enforcement (reportedly the sheriff departments from Buncombe County, Henderson County, Transylvania County, as well as the APD, NC State Police, and FBI) launched an operation outside of the camp. Marked and unmarked law enforcement vehicles followed cars as they exited the camp, pulling over several of them. One camper was arrested while leaving the camp. Police also illegally impounded the car of camper and City Council candidate Simerly. Despite heavy surveillance, activists with the Climate Convergence were still able to go through with their plan to take non-violent direct action against the regional headquarters of Bank of America, located in downtown Asheville (see Activists Blockade Bank of America in Downtown Asheville). Two activists entered the bank, locking themselves together with U-locks while others blocked the bank's front entrance. Campers dressed as canaries and polar bears chanted and held signs containing slogans against mountaintop removal. The APD response included two dozen squad cars, 18 riot police, three police dogs, and 19 other APD officers. The police blocked the street in front of the bank, erecting barricades and diverting traffic. Five activists were eventually arrested at the Bank of America action.

Citizens have also expressed concern over Mayor Terry Bellamy's comments at the August 14 City Council meeting. Regarding the Convergence, she stated that she doesn't "want [the Climate Convergence action at Bank of America] to be a pattern in the city of Asheville" and that she would be "supportive of the police to use the force that they have to to not allow that to happen." According to the mayor, it was "deplorable" for activists to "chain themselves up in private property of Bank of America and then refuse to leave when asked to." Councilor Carl Mumpower supported Mayor Bellamy's remarks. Council member Robin Cape was the only one to go on record strongly disagreeing.

Additionally, meeting attendees discussed the arrest of an Asheville resident for "highway blogging". On August 16, APD Officer Russell Crisp and Sgt. Randall Riddle arrested Phillips while he was standing on the sidewalk of the Haywood Road bridge over I-240 and holding a sign that read "IMPEACH BUSH/CHENEY." They charged him with blocking the sidewalk, though there are reports that Officer Crisp had witnessed people walk by Phillips without trouble. According to Phillips, Sgt. Riddle remarked "I'm sick of this shit," while cuffing him. After arresting Phillips, the APD photographed his tattoos and questioned him about what groups he was involved with, specifically asking him whether he was involved with the Southeast Convergence for Climate Action. Since the arrest, the APD have dropped the charge of blocking the sidewalk and instead are charging Phillips with increasing the likelihood of traffic accidents.

The meeting concluded after citizens formulated specific plans of action and organized into subgroups. One group of people will be holding future meetings with the intention of forming a Citizen Review Board for the APD. Another group is planning a meeting with local representatives in the City Council, the APD, the Sheriff's Department, and other relevant bodies. A third group is forming to do legal research. There was a call to email all relevant City and County officials with complaints about issues raised at the meeting. Many attendees showed interest in repeating the actions that initially led to arrest. Some were interested in starting a campaign of people willing to fly upside down American flags and a campaign of those willing to go "freeway blogging" on public sidewalks above highway overpasses. There was also talk of the future use of civil disobedience in Asheville, with some residents intent on proving to Mayor Bellamy that she can't stop direct action in Asheville.

The next meeting is scheduled for Wednesday, August 29, at 6:30 pm at Eaties Cereal Bar on 48 Commerce Street (there's also an entrance at 90 Patton Avenue across from Prichard Park), near the Post Office in downtown Asheville. A Yahoo! group called Citizen Awareness Coalition of Asheville has been set up to continue communication (see http://groups.yahoo.com/group/citizenawareness-asheville/ to join). In the meantime, to continue networking and to show support, folks are encouraged to visit the Veterans for Peace vigil every Tuesday from 5:00 to 6:00 pm and the Women in Black silent vigil every Friday at 5:00 to 6:00 pm, both at the Vance Monument in downtown Asheville.

Freeway blogger Jonas Phillips