Occupy Norfolk’s Statement Regarding the Attack on Our Camp
and Occupy Norfolk’s Open Letter to the News Media
Greetings from Occupy Norfolk.
At approximately 6 a.m. on Thursday, November 10, a group of 12 to 15 uniformed Norfolk Police Department officers awakened those at the camp we had occupied for over a month.We were given until 9 a.m. to clear out our property. The city knew that was objectively, physically impossible.
The day before, we’d had our usual weekly, extremely friendly meeting with city and police officials. We have had a wonderful, exemplary working relationship. We had no indication whatsoever the game was going to change. We would not be surprised if everyone in the room thought we would continue as we had been for so long.
We discussed Occupy Norfolk’s participation in the Grand Illumination Parade on November 19 that would pass by our location. We offered to clear the tents off the walkway in the park and temporarily store them. We were going to clean the park before and after the parade, and then reset our camp. We offered our large canopy structure for vendors’ use. We planned to pass out free water to parade attendees. We would have strung lights and illuminated them.
We looked forward to and welcomed the Grand Illumination. We made it clear that we loved being part of the community in Beautiful Downtown Norfolk and were eager to be part of the lovely Grand Illumination. Many of our business neighbors supported us and continue to do so.
We were asked how long it would take us to clear the park. We estimated a half-day with planning and noted we needed a site visit to include city and parade representatives to work out timing, details and logistics. The city said they’d consider our proposal and raised no objections. We fully expected, based on past experience and behavior, which is the best reliable predictor of future behavior, that our permit would again be renewed. Our next meeting was set for Tuesday, November 15, 11 a.m.
Three hours notice on November 10 was in no way reasonable or based on any kind of known reality, and the official city statement to that effect has no credibility, as it is incredible. That statement was also incomplete, disingenuous and misleading. If any city representative wishes to publicly debate this, please give us a call.
The surprise early a.m. notice our camping permit would not be extended included the statement that the Department of Public Works would “assist” us in removing our belongings to a secure location. Shortly before 9 a.m. on November 10 a police commander informed us that the park would be closed at 9 a.m. and that anyone in the park at that time would be arrested. He contradictorily stated that the DPW would “assist” and “help” us remove our
belongings.
Occupy Norfolk Legal Observer Dave Potvin was at the entrance to our site. He asked the commander under what authority this new order was being made and asked to see a written order. The commander had none. He could not cite any city ordinance or state statute or any other legal authority for this order. He eventually said the order came from the city manager. He was asked for either proof of this order or for a city manager representative to come to the site. Dave Potvin noted that we had no way of knowing, and had serious doubts, that this was a lawful order that we must obey. We were given no satisfaction on this
matter.
After 9 a.m., six Occupiers non-violently and peacefully sought to retrieve their personal belongings and were arrested. They were not charged with Trespass, but as their Summonses state, with “Obstructing Justice,” under “Sec. 29-5” of the city ordinances. That section’s full title is “Obstructing Justice by Threats or Force.” We again are faced with a disconnect from objective reality.
Since the park was now allegedly closed, there was no way DPW could “assist” or “help” us as promised. Our Legal Observer asked to be allowed into the camp to observe and document the confiscation of property and to work together to compile an inventory before items were taken. He noted this was to not only protect Occupy Norfolk’s, occupiers’ and donated/lent property but to also protect the city from liability for possible damage to property, missing property, and ownership disputes. Permission was denied. Dave Potvin was threatened with arrest should he attempt to carry out what every single person we have talked to since considers a reasonable and prudent request and plan.
DPW workers did not properly remove and load property, which is evident on video and still photos. Some of our property was loaded into trash collection trucks and discarded. Our other belongings were not properly unloaded or stored. Some items are damaged, some destroyed and some are missing. They were dumped – and we do mean dumped – at the alleged secure location last Thursday. We have video and photographic evidence.
The outdoor sign at that site, 1195 Lance Road, Norfolk, notes that to retrieve property one “Must show ownership and proper identification” with “No Exceptions.” But Occupy Norfolk is exceptional, which we and many others already knew. Anyone – and we do mean anyone – can go in and claim Occupy Norfolk possessions. They will believe you if you say items are yours. They will just ask for ID and log that in as well as the item(s) you take.
While the Occupy Norfolk Legal Team is providing legal defense for our arrestees, it is also considering appropriate legal offense measures regarding the eviction from our camp and the confiscation, damage, destruction and disposal of our property.
Please note we have no beef with the police who carried out their orders last Thursday. We know many of them disagreed with the orders and hated to do what they were forced to do. We also now know that many in City Hall disagree with the city’s actions last week and are irate.
Our beef is with those who actually made the decision to breach the trust we had established and those who ordered the police to execute the seriously flawed, to say the least, implementation of that decision. The overwhelming police presence was unnecessary. The deployment of police in full riot gear was terribly unnecessary. Officers armed with chemical weapons to be used against their own people, at times aimed at unarmed, peaceful civilians, was far beyond unnecessary.
Closing the park was totally unnecessary. Closing down much of Main Street was also unnecessary and a horrible inconvenience for our neighbors and those attempting to visit and patronize our neighbors. We are sorry they suffered due to the city’s bungling. All of this was an unnecessary waste of police resources and taxpayers’ hard-earned dollars.
And it didn’t have to be this way. The courtesy of a simple phone call at the time the decision was made to those named on the permit and to the others who negotiated in not only good faith but great faith with the city could have prevented this debacle. They have all our cell phone numbers. It appears the decision maker or makers sat down and said, “OK, how can we do this and do this badly?”
We regret that the faith and trust we had with the city has been broken. The city will have to work extremely hard to simply see if it can be mended. The basic question about the real inside story behind our eviction is: Who actually made this decision, and when, how and why was it made? We are investigating. We urge and expect all news media outlets to do the same.
Some additional questions to ponder and pose:
What did the mayor know, when did he know it, what was his input into this decision and what is his reaction to its outcome?
What did city counselors know, when did they know it, what was their input into this decision and what is their reaction to its outcome?
What did the Grand Illumination organizers know, when did they know it, what was their input into this decision and what is their reaction to its outcome?
What did those with whom we were meeting know, when did they know it, what was their input into this decision and what is their reaction to its outcome?
Who else, and what other entities, had input or exerted pressure on the decision makers to arrive at this decision and, of course, what did they know and when did they know it?
As noted, we are investigating, and if we can break this story, we shall do so. If anyone else can break it, congratulations to them.
The race is on. Good luck. As far as we know, there will be no tangible reward or cash prize. But whoever gets to the finish line first will have done the community a service and will receive great thanks and all due honor.
Occupy Norfolk, in temporary exile, continues onward. We are energized and stronger and more united than ever. We are highly active and reactive. We are receiving increased local, regional, national and international support.
They can disperse our camp but they can’t disperse our movement.
We are the 99%.
You are the 99%.
We are virtually everyone.
We are expressing the legitimate aspirations of the U.S. people.
We are everywhere!
Occupy Norfolk General Assembly adopted and approved
this statement, by consensus, on Sunday, November 13, 2011.