City of Asheville Staff Emails: Occupy Asheville

From: Sandra Cole

Subject: FW: Petition for Exception to City County Curfew Ordinance, for Occupy Asheville

Date: 2011-10-07 15:58:23

To:

fyi

________________________________

From: Jen Foster [mailto:fosterthejen@hotmail.com]
Sent: Friday, October 07, 2011 3:04 PM
To: Wade Wood; Sandra Cole; terrybellamy@avlcouncil.com
Subject: RE: Petition for Exception to City County Curfew Ordinance, for
Occupy Asheville


I would also commend you, Chief Wood, to create a new model, than what
we've had. This actually is a perfect opportunity to come together
peaceably with the community. The APD very badly needs to restore it's
credibility with the people.


I wanted to be up front about my views, as below is why I "launched"
Occupy Asheville. These are my views, my motivations, not the statement
of the group.

Innocence does matter. Our NC Innocence Commission, the only one of
it's kind in the entire country, showed us just that the very next day
at the Buncombe County jail. I would ask of you to simply focus on what
is right and then, internally, clean house and revamp. I would submit,
we stand in a unique place right now, right here, to just pause for a
minute and see if we can't do things in a different way. We can lead
with all of this. We must end police brutality and we must take all
measures right now to prevent such. That is what we do, we are leaders.
Thank you all again.

Jennifer

Why Asheville Needs to Occupy Wall Street
Jen Foster, Attorney at Law, September 27, 2011

There is a great people's movement afoot in the entire country, yet,
most people are completely unaware. The reason: corporate media blackout
and corrupted journalism. OccupyWallStreet is a protest occupation that
has been going on for 11 days in New York's Liberty Square. Protesters
are streaming live as the world is watches, although there has been
little mainstream media coverage.
http://www.livestream.com/globalrev
...

Solidary Occupations have sprung up all over the country, including
Portland, Los Angeles, Chicago, San Francisco, London, and elsewhere
globally. These protesters are demanding economic justice and the end to
corporate pillaging and raping of our people's, earth and democracy.
Central to the protests is changing the United States Supreme Court
decision of United People v. FEC, the decision that held corporation
were “persons” for election law persons; thus, imposing no limits on
corporate $ spent on elections. A Constitutional Amendment is necessary
to correct this gross misapplication of law.

Asheville stands in a unique position to positively affect this national
movement and debate. The very next day after Troy Davis was executed as
innocent in Georgia last week, the North Carolina Innocence Commission,
the only one of it's kind the country, found three Buncombe County men
were completely innocent for murder and released them immediately from
the Buncombe County Jail after serving a long ten years. These so-called
“Guiding Light 3” pled guilty upon threat of the death penalty, but ten
years later, their attorneys found a suppressed video tape of the
convenience store stooting. Unbelievably, the shooters' faces had been
taped over with an episode of “Guiding Light” two hours after the tape
arrived in the possession of the Buncombe County Sheriff's Department.
No, this is not fiction. Three Buncombe County men were convicted for a
murder they did not commit while the Buncombe County Sheriff's office
framed them and our DA's office withheld the evidence.

The execution of Troy Davis was a clear human rights violation, as
leaders from all over the world strenuously called for it's halt. Seven
of the nine witnesses recanting ever implicating Troy, one of the
remaining two was the real killer. Pages of affidavits revealed police
intimidation and threats to implicate Troy. Anyone with any sense could
read those affidavits and their corroborating details and immediately
see police misconduct against a black man led to Troy's conviction and
ultimately execution by the State of Georgia.

Troy Davis' funeral will be held this Saturday, October 1, 2011, which
will be the focus of Occupy Wall Street Asheville. However, as the
spectacular timing suggests, North Carolina, and, in particular,
Buncombe County, hold a key towards preventing wrongful convictions and
ending execution of the innocent. The North Carolina Innocence
Commission worked. The Georgia Board of Pardons and Paroles did not.

In addition, the Asheville Police Department was rocked with criminal
scandal recently when it was discovered that large amounts of drugs,
guns and money turned up “missing” from the evidence room. Our Police
Chief, Hogan, immediately “retired.” The SBI and independent auditors
were called in and are expected to issue preliminary findings in coming
weeks.

Other instances of local police and prosecutorial misconduct include
racially targeting a Mexican man and charging him with trafficking 90
lbs of tortilla dough, and the random, unwarranted brutality of local
musician Juan Holliday, as well as excessive force and illegal searches,
seizures and arrests. Anyone familiar with our local criminal justice
system, as myself, can testify to the widespread corruption in both law
enforcement and prosecution. We have several bad apples that need to be
removed, and to support our exemplary police officers, of which there
are many. Asheville must come together to educate itself about our local
corruption and demand it's end, as we stand ready to employ a new
Asheville Police Chief.

Occupy Wall St. Asheville will be a 100% peaceful protest, with
community, drum circles, singing, speaking, candlelight vigils and your
typical Asheville mayhem. Participants will follow all City Ordinances,
which as set forth below, require only that pickers not impede public
access. Merchants on the Wall St. corridor are being consulted, and,
hopefully featured as models of local small business, rather than giant
corporate greed.

Additionally, our community must organize for Marriage Equality,
Sexuality and Gender Freedom before Spring of 2012, when the marriage
referendum will come for a vote.
We are seeking collaboration with all groups concerned with economic and
legal justice, including, but not limited to: People of Faith Against
the Death Penalty, Veteran's for Peace, NC Council of Churches, The
National Collation to End the Death Penalty, Amnesty International,
Asheville Cop Watch and Blue Ridge Pride.

We have many issues our community demands accountability and a voice to
express. The only means that the poor, un-or-under employed, those
without health care, the homeless, and the disenfranchised, can affect
political change at this point in history is by peacefully taking to the
streets.
Join your community in Occupying Wall Street Asheville!
Jennifer Foster, Asheville NC


*
________________________________

* From: fosterthejen@hotmail.com

To: wwood@ashevillenc.gov; kwhitlock@ashevillenc.gov;
scole@ashevillenc.gov; terrybellamy@avlcouncil.com
CC: rosettastarshine@gmail.com
Subject: RE: Petition for Exception to City County Curfew Ordinance, for
Occupy Asheville
Date: Fri, 7 Oct 2011 14:23:13 -0400


Hi again,

Rosetta is already circulating the petitions, just wanted to ask, no big
deal. And, also wanted to let you know that we have a nonviolence
working committee that just finished their guidelines. we have a very
cohesive wise group of all ages. would be happy to forward those as
well, although not sure if adopted by the assembly process yet. I'll
give a call to the City Attorney's Office in a while, and, we are also
flexible if some sort of afternoon meeting might be needed.
Thanks,
Jennifer

btw--everyone on the facebook page and elsewhere really commends the APD
and they way this has been to date. Here is a recent post.... "I feel
the Asheville police department has been very helpful as they
practically guided us through the streets today and even held up traffic
at one of the intersections to let us all get through. I think a thank
you letter may be in order. Remember that when they move us from a
camping spot, they are simply doing their jobs. As far as I know they
have not tried to hinder us in any way otherwise. Your thoughts?"


________________________________

From: fosterthejen@hotmail.com
To: wwood@ashevillenc.gov; kwhitlock@ashevillenc.gov;
scole@ashevillenc.gov; terrybellamy@avlcouncil.com
CC: rosettastarshine@gmail.com
Subject: Petition for Exception to City County Curfew Ordinance, for
Occupy Asheville
Date: Fri, 7 Oct 2011 13:58:53 -0400



Hello Asheville Movers, Shakers and Leaders!




First of all, I can't begin to tell you how exciting this time is and
what opportunity it holds. We are in active collaboration,
collaboration as a community, as a citizenry and police force, for
perhaps one of the most fundamental rights that exist, The First
Amendment, in a manner never seen before, and yes, we are on the
forefront.




The Occupy Movement exists, now in over 800 communities, precisely
because our citizens have decided it would be a good idea to come
together and exercise their First Amendment rights to peaceably assemble
and petition the government of our redresses, of which there are many,
as you all well know. It is the First Amendment, after all, the very
first one.




It is clear and I think we all understand that. There shall be no law
abridging the right of the people peaceably to assemble, and to petition
the Government for a redress of greviances. In United States v.
Cruikshank, 92 U.S. 542 (1876), the Supreme Court said that the "right
of the people peaceably to assemble for the purpose of petitioning
Congress for a redress of grievances, or for anything else connected
with the powers and duties of the national government, is an attribute
of national citizenship, and as such, under the protection of, and
guaranteed by, the United States."




That is why we are so excited in the manner in which our community has
come together thus far in such purposes, which have been entirely
peaceable and quite wonderful since Saturday, October 1, 2011. Thanks to
the incredible heart of Rosetta, we have been feeding everyone and
anyone who so desires every evening at 7pm in Pritchard Park. We have
had plentiful donations of food from the French Broad Co-Op, City
Bakery, and many local restaurants, just to name a few. Rosetta is such
an amazing spirit and I am so proud of her for standing up as a local
business owner, a voice for many, to protect our citizens First
Amendment rights to assemble.




I most wholeheartedly assure you we are peaceful, community-minded. More
community-minded in fact than I ever imagined. We therefore Petition the
City to grant Occupy Asheville an exception under the city curfew
ordinance and allow overnight camping in Pack Square. This will
completely circumvent any potential for any violence at all. We could
immediately assemble a working group to liason regarding any and all
logistics. The point of the Asheville movement is for the community to
come together and talk to each other. If you have heard any reports, our
voices are many, and not only are we healing people, we are feeding
them! Now, that feels good! Thank you Rosetta. With this request, we
would ask Rosetta be given permission to circulate the small business
petition supporting our First Amendment rights.




Please feel free to call my cell this afternoon to discuss.
828-279-8538. We do plan on our General Assembly meeting at 7pm at
McGuire Park in Pack Square, as our alternate location to Pritchard Park
and the drum circle. Perhaps we could have a response and approval
before 5pm and then you could come to the 7pm meeting, speak and we can
establish the game plan.




Thank you again. We all love Asheville.




Jennifer Foster

Attorney at Law


________________________________

Date: Fri, 7 Oct 2011 13:05:52 -0400
Subject: Fwd: occupy asheville petition
From: rosettastarshine@gmail.com
To: fosterthejen@hotmail.com




---------- Forwarded message ----------
From: Wade Wood
Date: Fri, Oct 7, 2011 at 11:08 AM
Subject: RE: occupy asheville petition
To: rosetta star




I’m not clear on what you want to accomplish with the petition – as APD
does and will protect the rights of all people, yet we are responsible
for enforcement of the laws as well.



If you are seeking to petition for exceptions to the City Ordinances to
allow overnight camping, that would be a decision for our legal staff in
conjunction with the City Managers Office and City Council.



Let me know if you need further.



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:51 AM


To: Wade Wood
Subject: RE: occupy asheville petition





Do you have any input on the petition? Is the protection we are questing
already eminent?


On Oct 7, 2011 9:48 AM, "Wade Wood" wrote:

Thanks…yes we have exchanged emails, and he has spoken with other APD
staff.



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:47 AM
To: Wade Wood
Subject: RE: occupy asheville petition



David Stewart. I don't know him yet. I heard from council member Gordon
Smith, that he had talked with you.


On Oct 7, 2011 9:45 AM, "Wade Wood" wrote:

Do you feel comfortable in disclosing the other person (s) you are
referring to in your below email, or was this just cc’ed to me.



Thanks,



Wade Wood

Interim Chief of Police

Asheville Police Department

(828)259-5901



________________________________

From: rosetta star [mailto:rosettastarshine@gmail.com]
Sent: Friday, October 07, 2011 9:11 AM
To: Wade Wood
Subject: Fwd: occupy asheville petition




Hello Gentlemen,



I have been asked to prepare a petition requesting the the City Council,
the Mayor, and the APD to protect the constitutional rights of the
citizens of Asheville to peacefully assemble in our town square. We will
be requesting permission to Occupy Pack Square, in a peaceful show of
solidarity with the national movement started by Occupy Wall Street.



Myself and many others will be taking it around to local businesses, and
door to door to get signatures of support. We are hoping that Asheville
will follow in the steps of LA.

Here is a link to a newspaper article about how the city of LA is
handling the movement.



http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/10/05/state/n15380
3D40.DTL



No one wants a riot or to create dangerous disorder for our city. This
is our home and we love it. We are asking for the Police to protect us
and our rights.



I am writing because i know you tow have been in communication already
surrounding this issue. Can i please hear what are the hurdles that we
need to overcome to gain the protection of the APD? What does this
petition need to say? What is blocking the city from supporting already?



thank you for your time.

my cell is 606-7386

Sincerely, Rosetta Star

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