Day in Court: Civil Disobedience Update

Catz and I celebrating our resolution! 

Day in Court: Arrest Update

BOSTON - Oct 5th 2016

Phew! Here I am with one of my trench-mates, Catz. We left the West Roxbury Court House feeling pretty elated and very, very fortunate. She and I, along with a young man, who was underage, had been #182, #183 and #184 to be arrested trying to stop this crazy-bad pipeline. His case was resolved separately. And we had quite a wrangle figuring out what to do about our legal situation following our arrest on August 31th, 2016.  The DA's office was not happy with ResistThePipeline.org  and had upped the ante of consequences. But on this Tuesday, as over 20 fellow protesters were processed at different stages and for various charges, we were lucky. Our charges were reduced to a civil infraction rather like a parking ticket and if (I mean when !) we don't get arrested in the next six months it will be completely dismissed! No record! Huge thanks to the legal team: Mark MacMahon, Joshua Raisler Cohn and court support from Resist! 

We went right back to work to ResistThePipeline.org! After lunch we held up banners with other pipeline fighting-folk at Spectra's offices in Westwood. There Spectra hosted a "safety meeting" with first responders. Can you say vertigo? Wish I could have been inside to witness the spin! Likely to need dramamine. More on that later.  We stood in silent witness across from Spectra's corporate offices, taking care not to trespass by standing in Frugal Fannies parking lot. As we held "Stop Spectra" banners in a blustery wind, our elected officials came and shook each of our hands and thanked us, in full view of the windows of Spectra's regional HQ. We felt they had our backs! One of the officials in the room later described the safety measures he heard at the meeting as "horseshit."

Oct 5th. We are standing across from Spectra, HQ. Our Boston Delegation shook our hands in full view of Spectra's reps.

Below is a press release I wrote for Resist on our Civil Disobedience.

WEST ROXBURY, MA - One crop that has not failed in this summer's record drought was nonviolent resisters of new fossil fuel infrastructure. And? The number of those ready to commit nonviolent civil disobedience, risk arrest to help halt climate change and stop Spectra's corporate bullying in West Roxbury continues to grow. To date, 200 concerned citizens have peacefully but forcefully broken the law to stop Texas-based Spectra's construction of the West Roxbury Lateral Pipeline. In the next two weeks alone, over 50 protesters will make court appearances at West Roxbury District Court. Charged variously with Trespass, Disturbing the Peace Reckless Destruction of Property and Disorderly Persons, some defendants will be offered and take plea deals. Others will refuse the "deals" and chose to go to trial. Yet others may chose to defend themselves and make their court appearance a broader statement.

“We tried community meetings, rallies, day time and night time vigils and protests. We marched in the heat of summer and through the snow. TV stations covered us and we talked on radio shows. We knocked on doors, leafletted, wrote letters, gathered thousands of signatures on petitions, sent letters to the media and made multiple visits to politicians. We were completely flummoxed by the fact that our elected officials are powerless to protect us," said Mary Boyle, lending a backstory to the development of civil disobedience in West Roxbury.

Pipeline outside of Spectra's HQ in Westwood.

" Nonviolent civil disobedience seemed like a worthwhile tool to use. Civil disobedience actually stops construction and brings attention to our outrage. Our call to action is not a self-centered, knee-jerk, NIMBY but rather a forward thinking, rational and responsive, 'Not here. Not anywhere!' ” - Mary Boyle, West Roxbury neighbor leader, activist and pipeline opponent.

"Bullying that endangers the public safety of my friends and neighbors, while contributing to climate change during one of the hottest summers on record made civil disobedience an imperative for me. " - Norah Dooley, from Brookline, activist and pipeline opponent.

"Why are we allowing Spectra to build more dirty energy infrastructure when we need to be taking it down and building clean energy infrastructure?” - Hendrix Berry of Jamaica Plain, when asked about her decision to risk arrest.

"This pipeline represents the failure of our government to have an energy policy that does not risk the future of my grandchildren." - Reverend Martha Neibanck of Jamaica Plain, when asked about her decision to risk arrest

When resisters refuse to comply with orders to remove themselves from construction sites they are engaging in nonviolent civil disobedience. When common law is leading to destruction of people and their homes as ‘sacrifice zones’, jeopardizing global food systems, waterways, air quality, and forest vitality, accelerating coastal erosion, permafrost melting, coral reef bleaching, titanic forest fires, and city-engulfing flood rains it is time to "disobey." from Resist the Pipeline's website.

###

BACKGROUND

The West Roxbury Lateral Pipeline, a new “off-ramp” from Spectra’s existing Algonquin Incremental Market (AIM) pipeline,  will carry fracked gas from shale deposits in Pennsylvania though New York, CT and Rhode Island. Fracked gas is a fossil fuel whose extraction has caused significant environmental damage and whose main ingredient, methane, is a highly toxic greenhouse gas (over 80 times more powerful than carbon dioxide for the first 20 years in the atmosphere). Capable of carrying gas at up to 750 psi (pounds per square inch)-- more than twice the pressure of the pipeline that exploded in San Bruno, CA in 2010, killing and injuring many residents and causing widespread property damage--the WRL is a “transmission” pipeline meant for rural or secluded areas.  It is  similar to the pipeline that recently exploded in a rural area some 30 miles east of Pittsburgh, knocking out four other nearby pipelines and seriously injuring a man when his home was destroyed by fire.  The accident is still under investigation, but Spectra says it may cost upwards of  $100 million to repair the damage. By comparison, the West Roxbury Lateral runs through residential neighborhoods, only feet from some homes and near schools, businesses, a nursing home, under a soccer field in Dedham, and across from an active quarry in West Roxbury where regular blasting over the years has caused damage to homes in the area. As with all natural gas pipelines, Spectra won approval for the WRL, with little opportunity for public comment,  from the Federal Energy Regulatory Commission (FERC), whose commissioners have all served as executives in the natural gas industry.  The project has met strong local resistance from both citizens and elected officials, including Mayor Walsh, the Boston City Council, State Representative Coppinger, State Senator Walsh, and Congressman Lynch. Both the City of Boston and Town of Dedham have filed lawsuits against the project, citing numerous flaws in the environmental review and approval process and seeking an overturn of FERC’s approval. Hearings or trials are expected this fall in the D.C. Circuit Court. At the urging of many of their constituents, U.S. Senators Markey and Warren have also voiced some concern to FERC but not strong opposition to the project, a stance that has perplexed and disappointed many residents.. To date, 194 people have been arrested in peaceful civil disobedience against the WRL. They include Michael Butler, the Select Board Chair from Dedham who was the first to be arrested;  Karenna Gore, daughter of former Vice President Al Gore; Tim DeChristopher, well known climate activist; and dozens of local clergy. West Roxbury neighbors and their concerned allies. Meanwhile, other community groups are fighting other gas infrastructure projects still in the planning stage, particularly in eastern Mass. and including Spectra’s  proposed compressor stations in Weymouth. Opponents cite evidence that much of the new gas is actually intended for export, not to meet local needs.

Arrested Developments: Stopped construction. Was arrested. Going to trial.

 In the trench, stopping Spectra.

Arrested Developments: Stopped construction. Was arrested. Going to trial.

On Wednesday, August 31st we halted construction of the West Roxbury Lateral Pipeline. For over an hour we enjoyed our small victory. This project jeopardizes the health and safety of local residents and of our neighbors across the globe by ramping up greenhouse emissions and fueling climate change. Residents and local politicians have unsuccessfully fought this project using every legal means for three years. All else has failed, and so it made moral and strategic sense to me to stealthily approach, evade a police detail and jump into an open worksite. I will admit that I was challenged (as in, scared witless?) by the thought of the depth of the trench. I do not like heights and I do not bounce like I used to. Also, I am kinda klutzy so I was elated to have accomplished the first part of my mission without getting hurt or hurting anyone. The second part of my mission is to convince you all, Dear Readers, to fight to halt climate change.

Best "trench-mates" you could ask for: Brendan and Catz.

For over an hour I was in the trenches with now 16 year old, Canton High sophomore, Brendan Matulis and my new friend, Catherine LeBlanc. Brendan's birthday was Sept 1 and he was concerned that, despite his youth, people would understand he was taking action following the dictates of his conscience alone. We all were clear in our purpose and honored to be able to do our part to halt climate change and stop a Texas fossil-fuel corporation from bullying our neighbors! All thanks to the movement of ResistThePipeline.org who were on the street above us, celebrating Mary Boyle's birthday, singing songs, praying and witnessing in solidarity with representatives of the Standing Sioux Tribe's struggle against the Dakota Access Pipeline. ( read more about Mary Boyle and the issues at my blog.)

After an hour, Brendan, who as a minor, was handled differently under the law, climbed up a ladder out of the ten foot trench while Catz and I waited to be removed by by Boston firefighters after being "checked" by EMTs. There were at least four dozen EMTs, police officers and firefighters surrounding us. It was an impressive waste of resources and/or a silly display of power. They cajoled, joked, reasoned and fumed at us to leave of our own accord. We declined. Finally, we were extracted by "basket" and whisked away in BPD Transport Wagon. We were charged with Trespass and Disturbing the Peace and spent the day in West Roxbury District 5 jail. With a $40 fee we were released on our own recognizance a little after 4pm. Physically, the worst part was the zip tie handcuffs as I was waiting to be" processed" which included a mug shot, removing my wedding ring for the first time in a decade and being finger-printed on a new-fangled computer system. For over an hour and still restrained, I was all alone and my wrists hurt so I distracted myself singing.  Revels songs and South African freedom songs from my days with Mystic Choral and NoonDayFarm singers came back to me. Dunno how anybody else felt about it, but I enjoyed the echoing acoustics of the cell. Maybe my singing can explain the additional "Disorderly Person" charge?

Six officers ( and there were more) to arrest one old lady. Do I look that dangerous?

The next day we were to be arraigned first thing in the morning. I thought I'd do a little chalking in front of the West Roxbury District Court. I've done it there before and had provided my Memo proving its legality from the Law Office of the City of Boston to a Court Officer just a few weeks ago. (Chalk art is a whole other issue you can read more here.)

Yesterday, as I was chalking -@stop spectra- on the sidewalk, a court officer approached us and asked "If there was a problem." and I said no, I was exercising my 1st Amendment rights and using chalk. She seemed cool with it so I finished up, put my chalks back in the car and we headed to check in with probation.

At the Probation window, in the kind of coincidence you just can't make up, my elder brother's probation officer was the man who checked me in. He was equally surprised to see me. My brother, who is severely mentally ill, was charged with Attempted Murder and Aggravated Assault while in his group home a few years back and successfully completed his probation in Lemuel Shattuck Hospital this May. Mr. Frank Omogrobe had been very helpful.  But that is also another story - read more here)

When our case was finally called and we stepped up to the bar and were addressed by Honorable Kathleen E. Coffey, First Justice, West Roxbury Division, who has always struck me as a compassionate and honest woman. It was she who created the Mental Health Court that has helped our brother and many others to stay in the hospital, where they belong and NOT in a jail.  

After, the clerk read our charges, adding Disorderly Conduct to our rap sheet our lawyer approached the bench ( or the bar?) and Judge Coffey led off the proceedings by saying,

Post-arraignment photo behind pre-arraignment chalking at courthouse. 

" It has come to my attention that your clients were drawing on the sidewalk outside this courthouse and I just hope that is was chalk and not paint, etc. etc."  - Judge Coffey

I wanted to reassure the judge right away, exonerate my co-defendant and explain about it being temporary sidewalk chalk. When I tried to speak, our lawyer, quite rightly, shushed me and said that he could not speak to that issue as he knew nothing about it and it was not part of the case before us. 

Attorney Mark McMahon was blindsided. We hadn't told him anything about chalking. McMahon told Judge Coffey that he would not make any statements about any alleged incidents. Her question was a crazy, unexpected curveball. If I had used paint? It was serious. Less then 10 minutes before, in a case before ours, two young men had just been led out of that same courtroom in shackles for tagging with spray paint.

Judge Coffey was insistent and even issued a veiled threat "You could un-complicate this easily and just tell me or?...We could launch a police investigation ?...(pregnant pause) Do you really want to complicate this? Just to find something out that you can easily tell me." But our lawyer, Mark McMahon, stood fast and said neither he nor his clients would make any statements about anything unrelated to the arraignment before  the court, so the judge allowed us to confer and come back in a few.

Wow. That was a shock - just 10 days before, I had gone through the whole song and dance about chalking in Boston with a court officer right in front of W.Roxbury Courthouse  The officer even made a copy of the memo I carry with me.  Atty. McMahon pointed out to me that graffiti is vandalism, when permanent materials or damage is present and if the "destruction of property " is over $250? It is a felony. Jump back!  

We returned to court and told Judge Coffey what she wanted to know. She had toned down a bit and said, " I am not trying to abrogate anyone's 1st amendment rights here, I am just looking for information." Atty. McMahon told her that only one client was involved and that she (I) had assured him it was chalk. Then the Assistant District Attorney offered us a deal.  We could have six months of probation if we accepted a "stay-away" order of keeping 500 yards ( that is 1/4 mile!) away from any Spectra worksite. Atty. McMahon argued strongly against the stay-away. The Judge herself offered a compromise of 100 yards from the specific 10 Grove Street in West Roxbury site - a nexus of protest and work completion. But the DA refused. 

At this point it is really hard to agree to be 500 yards  away from any Spectra worksites which are so are common in the Boston area. And in West Roxbury, it is a 5.1 mile pipeline and they could be working anywhere. 

It just seemed an egregiously wrong condition.  Why should a citizen limit her freedom of motion based on the ubiquitous actions of a Texas based corporation? That is just more bullying as far as I can see.  In the end, neither Catz nor I could take the deal and that means we will be going to trial. Sometime in October. More information as things develop. And,  next week, Karenna Gore, Tim DeChristopher and 4 other West Roxbury Pipeline resisters will be in the same court for their pretrial hearing on Sept. 6.

I would be deeply grateful if you would help spread the word, participate, educate and/or donate at ResistThePipeline.org.  Civil disobedience is, among other things, a kind of low-budget PR. We put ourselves forward to get the word out, not for personal attention. I tell this story to engage and inspire you; to motivate more people to be active. As George Monbiot says, the climate crisis is real and it is already here. We all need to do our part.

Here is a link https://youtu.be/190J51UjJi4 to a great 2 minute video below made when over 100 of us came to Stop Spectra's work in June 2016. Our dear friend Marie-Laure is featured.

"Since August 2015, a residential neighborhood of West Roxbury, MA has become an epicenter of fossil fuel resistance and the fight for a livable climate. Spectra Energy is building a dangerous, high pressure (750 psi) natural gas pipeline across the street from a rock quarry from which seismic waves emanate due to weekly dynamite blasting.   This project jeopardizes the health and safety of local residents and of people across the globe whose lives are already being ravaged by climate change. Residents and local politicians have unsuccessfully fought this project using every legal means for three years. All else has failed, and now we’re shutting this project down in the streets. 

With 175 arrests, this is one of the largest campaigns of sustained nonviolent civil disobedience in the country. We’re building a culture of resistance to the fossil fuel industry that will spread across the region. We’re sending a message to all those involved in the current build-out of new fossil fuel infrastructure: We don’t want it. We don’t need it. Earth can’t take it. Shut it down."


And here again is a video segment on the climate change disaster of leaking methane throughout Boston and the Commonwealth. http://www.wcvb.com/news/tens-of-thousands-of-gas-leaks-across-the-state/41283404

Chalking it up to age and...

Chalking it up to age and... love of our civil rights.

Sira meets Julia, 1984

It could all just be chalked up to my age, a love of democracy and an infatuation with civil rights. Our constitutional  rights exist to make our lives, culture and neighborhoods, civil. Gotta love that!  Yet, it was more.  I felt compelled to do my crazy and ill-timed ( for my  schedule) project for many reasons. One was to mark many decades of trying to find an effective way to be an artist and add something to the ongoing struggle for human dignity, justice and peace. Another reason was purely sentimental. My first ever Arts Grant was a teaching project in 1984, where I took a group of kids out on the sidewalks of Central Square Cambridge and taught them some drawing basics as we moved through the neighborhood, creating art in unexpected places. At some point during the 4 week project, WGBH covered our proceedings and the clip of us working in early July, 1984 was aired (or repeated?) on September 8th. This also was the day our 2nd daughter, Julia was born. A maternity ward nurse recognized me and said, "Who would have thought you'd be out drawing on the sidewalk and having a baby the same day?" I was confused but she explained and we sorted it out. Back in the day, we did not have a TV and I was too busy before and right after Julia was born to be able to track down and see that video.

4:15 am Jul 18, 2013

Through the years I have marked my birthday by asking my family to cut me some slack and take care of business so I would have the time to do something nutty like chalk drawing from dawn to dusk. I find the process of chalk drawing delightfully ephemeral, completely impracticable, a bit challenging and totally enjoyable. I am not even very good at  it at this point - so woefully out of shape am I. Not only is squatting difficult but I have not been drawing regularly for over 8 years. When you were never very gifted to begin with (like me) you'll find that your rendering chops fall away like a towel at a pool side. Still, it seemed like it would be too much fun not to at least try.

But in my 60th year, chalking had a new element; First Amendment Rights. A few weeks ago,  I had read about the then pending case of a young man being charged with 13 counts of "disorderly conduct" for chalking the following message "Corbett [Gov of PA] has health care and we should too." [see above] His fines could be as high as $13K and his sentence as long as 13 years. I was amazed. I was incredulous. Mostly, I was deeply affronted by this attack on our civil rights.

5:00 am Jul 18, 2013

A friend showed me several instances of similar cases and this moved me to include a political statement in my artsy-fartsy birthday plans. Here is one of the cases that especially piqued my interest: "A jury Monday acquitted a 40-year-old man of all charges connected with writing protest messages in chalk on the sidewalk outside branches of the Bank of America.  Deliberating for only a few hours, the jury...declared Jeff Olson not guilty on all 13 misdemeanor counts filed by Goldsmith’s office. Olson never denied writing the slogans.
One slogan said, “No thanks, big banks.” Another, “Shame on Bank of America.” And in yet another, the bank was portrayed as an octopus grabbing at cash with its tentacles. “It’s chalk,” Filner told reporters last week in an exasperated tone. “It’s water-soluble chalk. They were political slogans.”But courts have held that graffiti remains illegal even if it can be easily washed off, Goldsmith said. That the Bank of America contacted the city attorney’s office to reportedly urge prosecution has become part of the dispute. 

6:35 am Jul 18, 2013

Really? Corporations telling a DA who to prosecute? Faster than you can say "David and Goliath" I had chalk in hand and a full head of steam. I was pissed. BUT... instead of rushing headlong into this contested arena I decided to check my natural rash impulses and read the Town By-Laws. Finding no explicit rule against chalking on sidewalks,  I found a copy of a Brookline Rec Department flyer that invited citizens to participate in sidewalk chalk art. Then I also dug up a 9 year old article about me drawing in chalk on my birthday.  Thus prepared I called Town Hall the next day to see if drawing in chalk, in Brookline,  required permission. My first encounter was with the Building Department, which seemed like the wrong town agency but in fact, all signage and public space in Coolidge Corner are under the Building Inspector's jurisdiction.  Mike Yanovitch said that as long as my work was not "political or offensive" it should be fine. I bristled and my sub-clinical Tourette's kicked in and I blurted that I was not asking for a critical opinion on my art, just the legal stance of the Town of B on chalking sidewalks. Mr. Yanovitch immediately changed tacks and so did I. Within hours I had sent him an email thanking him and giving him tons of "background" information. And I waited.

6:55 am Jul 18, 2013

After 5 days I wrote again asking if Mr. Y had received my information. He had and said he was fine with the project and, he freely offered, without any prompt from me, that permission is not based  a "content thing" but that I did need to talk to Department of Public Works. So, I journeyed on.

I called Peter Ditto at the DPW. Mr. Ditto said the main issues were about space - I must not block traffic and I must leave a 4' wide for handicap access. I explained that I had taken some pictures of where I wanted to work and would send them. I added that I try to work before rush hour, 5AM - 8AM and likely would need more than one day due to my day job schedule.

7:00 am Jul 18, 2013

Mr. Ditto asked me to send the info I sent to Mr. Yanovitch and add to it locations of the sidewalks I was interested in, which I did in a neat pdf proposal. He said I should check in with the Police Department too. Only too happy to, said I BUT suggested that someone might issue a letter of permission just in case. What if not everyone on the BPD force gets the word of mouth that my actions have been authorized? In the past I have been stopped and challenged by officers of the law and always found it useful to have a document on my person. Mr.Ditto promised he would get back to me.

So, I waited. And waited.  On July 10, I received this email [below]… denying me permission.  This is where my story may have taken a very different turn if not for my fortune to count as a friend and colleague an ace, 1st amendment lawyer.  Enter (stage left) Michael Anderson.

A civilized exchange

Michael Anderson is a prestigious attorney, a wonderful storyteller and a fabulous Shakespearean actor as well. Michael's bio and tagline, which I have typed into many a program note ends with:

8:01 am Jul 18, 2013

"There is no such thing as free speech if you do not use it." It seemed like I was getting no where, fast, so  I wrote to him for advice on finding a pro-bono lawyer. He offered his service, a winning strategy and we hit the sidewalk - um, road, running. In no time Michael had cases, examples of chalk art on Town sidewalks and a very comprehensive letter formulated. When permission was officially denied, my lawyer ( sounds impressive, no? ) sent the letter to the Town Counsel. I believe there was a quick response by phone and after a conference between Michael and Jennifer Dopazo Gilbert, verbal permission was granted. And we waited some more. Finally, on July 15th I received my permit for 4 hours on July 18th of chalking in the areas I requested.

It is a victory. I know. But seriously folks? I thought that the Bill of Rights protected us average citizens who normally cannot afford a consigliere. Did I really need to explain myself so extensively, then lawyer-up and persist just to do a few chalk drawings? Apparently, the answer is yes. But my lingering questions are, should this be? And, if so, what are we going to do about it ?

Rosie takes a snap for me @ 6:55 am Jul 18, 2013

Birthday Art Project - July 18th - dawn

Photo by: Jacqueline Biggs

"Chalking is a spontaneous act of beauty."  - sidewalk artist, Norah Dooley

To celebrate her 60th birthday, on Thursday July 18 from 4-8am, Brookline artist Norah Dooley will execute an  art project in chalk on the sidewalks of Coolidge Corner. She says her work will be " A poor girl's Jenny Holzer."  Holzer is an American conceptual artist who is mostly known for her large-scale public displays of provocative words, mantras and ideas. Dooley's work is much smaller in scale and will feature small colorful mandalas and the sayings of dead and live presidents on the sidewalk. Dooley has executed similar works in the past in Central Square, Cambridge and Athol, MA.

"Like sand paintings, sunsets and other natural ancient forms, the art is meant to be temporary and, like life itself, fleeting" said Dooley.

The Town of Brookline initially refused Dooley permission. But with the help of ace First Amendment lawyer Michael Anderson, Dooley eventually convinced Town officials that she has a right to peaceful expression on the sidewalk. “The Town of Brookline allows commercial newspapers to put large newsracks on the Coolidge Corner sidewalks. If the Boston Herald gets to occupy public space to sell its point of view, then the Town cannot constitutionally prohibit me from expressing mine in washable chalk,” said Dooley. There has been much civil rights litigation over protest chalk drawing in the wake of the Occupy movement, from San Diego (where a jury acquitted a chalk artist of thirteen criminal counts) to Flint, Michigan to Orlando. “I am glad that the Town officials acted responsibly to recognize my free speech rights, rather than requiring us to go to court.”  

Below are the words she chose. They will be bracketed with mandalas - one will have in a circle of words  around it  -  "If you see something, say something." The other mandala will have just one  word : either " racism" or "poverty" or "injustice" or  "violence "

To sin by silence when they should protest makes cowards of men.
Abraham Lincoln

A nation does not have to be cruel to be tough.
Franklin D. Roosevelt

Peace and justice are two sides of the same coin.
Dwight D. Eisenhower

"A society's soul is most  keenly revealed in the way it treats its children."
Nelson Mandela

She says she is not sure about this last one.... "I may just add it as my signature!"

"...if I did not laugh, I should die."
Abraham Lincoln

What is this all about, really? The artist shrugged and said... " I like to add  beauty to disused public spaces and I have a friend who says 'Free speech isn't free if you do not use it.' Two birds with one stone?"