Re: [UC] Local residents arrested in Clark Park, loss of fourteenth

[Glenn moyer]

"I, however, will refrain from drinking upscale Chardonnay in the park some fine Saturday morning or afternoon, as I figure I too may be busted in the way those downscale beer drinkers were." Elliot, I dream of the day when you and I can open that bottle of Chardonnay, and toast our brothers and sisters in Clark Park!  A day when we feel safe from traumatic arrest, and confident that we live in a place where both freedom and democracy are something other than a smokescreen for illegal wars.  I dream of a time when Constitutional rights apply equally to all, including the poorest among us! "I respectfully decline the challenge to debate either the real you, or Mr. Moyer. I've reached a point in my life that I understand that certain undertakings and battles are not worth the effort." Friend, don't let the cycle of "positive thinking" bring you down.  You have been an invaluable contributor in this struggle by exercising your voice on our public listserv!  While corporate universities embrace censorship, as Penn exemplifies with its commitment to censorship by hosting UC Neighbors, the open _expression_ policy of our listserv exemplifies the power of the people and the power of the press! Elliot, your research into the Philadelphia code sparked other neighbors to pick up where you left off!  There is a good bit to consider about the police response for another public post.  Here the code importantly reinforces some concepts set down in the U.S. Constitution.  This written confirmation is extremely important! § 10-607. Discrimination Based on Economic Status. 99      (1)     No person shall discriminate against any other person based on their economic status in the use and enjoyment of public property.      (2)     Public Property is defined as property located in the City of Philadelphia, owned and operated by or on behalf of the City of Philadelphia and dedicated to public use without any admission price or fee. I raise my glass to Elliot and the open _expression_ policy of the purple list! Glenn, a citizen   -----Original Message----- From: "Elliot M. Stern" Sent: Oct 27, 2009 9:07 PM To: University City List Subject: Re: [UC] Local residents arrested in Clark Park, loss of fourteenth Glenn, I encourage you to take on the cause of changing this provision in the Philadelphia City Charter and Code, or to promoting the defense of your helper and the other two on the grounds that the provision is intended to violate the civil rights of certain folks in the way that the Birmingham requirement for parade or march permit did. I, however, will refrain from drinking upscale Chardonnay in the park some fine Saturday morning or afternoon, as I figure I too may be busted in the way those downscale beer drinkers were. I respectfully decline the challenge to debate either the real you, or Mr. Moyer. I've reached a point in my life that I understand that certain undertakings and battles are not worth the effort. Elliot Elliot M. Stern 552 South 48th Street Philadelphia, PA 19143-2029 United States of America telephone: 215-747-6204 mobile: 267-240-8418 emst...@verizon.net On 27 Oct  2009, at 11:38 AM, Glenn moyer wrote: Hi Mr. Stern, Perhaps Mr. Moyer is not aware of this, but the 14th Amendment to the U.S. Constition is not a blanket prohibition against laws that govern individual conduct.    Hahaha.  Of course, "the 14th Amendment to the U.S. Constitution is not a blanket prohibition against laws that govern individual conduct."    But Elliot, that's a great parody of the potential use of a straw man in argumentation!  It's a very interesting sentence construction.  The important issue for analysis, then; is this Mr. Moyer's ridiculous position born from ignorance or deception?  With the word "perhaps," you give this Moyer's motivation the benefit of the doubt for the made-up position.  Sympathy for the straw man-hehehe.    Mr. Moyer seems to be making a straw man of the UCD in the  counter example he provides: the person in charge of Clark Park may have provided written permission to allow drinking at the Philadelphia Orchestra performance in Clark Park.    When I got to this last sentence, I realized that you wanted to suggest that "Mr. Moyer seems to be" employing a type of logical fallacy.  I think you meant a weak analogy or a red herring, depending on your conclusions about the motivation of this Moyer.        The debate you have introduced could get lengthy, if you wish to debate the real Glenn.  I've been told to take it easy on the "old geezers" eyes, so we may need multiple but brief exchanges for this serious issue-haha .       Elliot, either enforcement or the legislation can abridge the rights of citizens.  I think we have multiple problems in the city and Clark park in this era of the anointed.  Your apparent resolution of the issue I revealed depends upon an oversimplification of the problem.  Profiling and unequal enforcement are one serious problem related to the original city code.    The concept that a sole individual poses a compelling public safety or nuisance threat as he or she listens to the birds, and therefore requires arrest and indentured servitude to UCD; while the signature of a rather dim Parks Coordinator eliminates whatever threat for 3500 people doing the same activity in the same park is rather laughable.  Shuttlesworth vs Birmingham deals with vesting such power in one dim beuarocrat.       I believe that after reasonable people examine the city code; they would see that this bizarre hidden authority over picnic areas is nothing more than a pretext to violate the civil rights and abridge the freedoms of certain citizens.  The policy causes great harm to our civil liberties, but has no positive value.  Conversely, prohibiting drinking and driving would be an example of a compelling safety reason that could be substantiated.     The fact that profiling and unequal enforcement exists in the same upscale park when there is no orchestra, supports the theory that a capped beer in a paperbag is an artificial unconstitutional smokescreen.  (Here is where we need the case made for both the compelling reason for the selective prohibition, and an explanation of the city's efforts to avoid fooling or entrapping local citizens subjected to a traumatic arrest and indentured servitude.)   For the sake of brevity, I think the ridiculous and hidden city policy can be proven to be a smokescreen to allow the police to violate the civil rights of the poorer classes of our neighbors.  The vision for forced gentrification, and neo-colonialism, has been known to take civil rights of indigenous citizens for granted in police states around the world!!!   Letting the old geezers eyes rest, The real Mr. Moyer       -----Original Message-----  From: "Elliot M. Stern"  Sent: Oct 25, 2009 10:32 AM  To: University City List  Subject: Re: [UC] Local residents arrested in Clark Park, loss of fourteenth  Perhaps Mr. Moyer is not aware of this, but the 14th Amendment to the U.S. Constition is not a blanket prohibition against laws that govern individual conduct. There is indeed a law concerning alcoholic beverages in city-owned recreation centers, playgrounds and park areas. I have reproduced a relevant portion of the Philadelphia Code below. While I cannot comment on the appropriateness of his helper's reported arrest, it seems clear that drinking downscale beer is covered under prohibited conduct described below. Mr. Moyer seems to be making a straw man of the UCD in the  counter example he provides: the person in charge of Clark Park may have provided written permission to allow drinking at the Philadelphia Orchestra performance in Clark Park. § 10-604. Alcoholic Beverages. 96      (1)     Definitions.           (a)     Alcoholic Beverages. All "liquor" and "malt or brewed beverages" as defined by the Pennsylvania Liquor Code, 47 P.S. § 1-102.           (b)     Public Right-of-Way. All public streets, alleys, sidewalks, steps and other corridors through which either vehicles or persons may travel, including motor vehicles parked within such right-of-way.      (2)     Prohibited Conduct.           (a)     No person shall bring onto any city-owned recreation center, playground or park area, with the exception of Fairmount Park, proper, or drink thereupon an alcoholic beverage unless such person has written permission for that purpose from the person in charge of the City facility.           (b)     No person shall consume alcoholic beverages or carry or possess an open container of alcoholic beverages in the public right-of-way, or on private property without the express permission of the landowner or tenant, except that this prohibition shall not apply to alcoholic beverages consumed in the public right-of-way as permitted under Chapter 9, Section 208 of The Philadelphia Code entitled "Sidewalk Cafes" or to block parties held under special permit issued by the Street Department and in accordance with regulations issued pursuant thereto. Elliot M. Stern 552 South 48th Street Philadelphia, PA 19143-2029 United States of America telephone: 215-747-6204 mobile: 267-240-8418 emst...@verizon.net On 25 Oct  2009, at 9:24 AM, Glenn moyer wrote: 14th Amendment of the Constitution of The United States of America:  Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.  One of our neighbors rang my door bell Thurs. night.  He was scheduled to help me with a job Friday morning.  But he had to cancel and go to court.  Three people had been rounded up in Clark Park, cuffed, and taken to 55th and Pine.   Earlier the same day, a friend told me that others had recently been arrested as the volleyball players watched.  All of these local residents were sitting peacefully drinking a downscale beer!  When my helper offered to dump out the beer to avoid arrest, the cops told him, "there are people around here with a lot of money and power."  Then they cuffed him. Many of you will remember the UCD regional marketing campaign encouraging suburban folks to bring wine to Clark Park for the orchestra.  Here is one example: http://phillyist.com/2007/07/20/get_classic_in.php In addition to a hefty fine, my helper will need to wear the orange jumpsuit and work for the very same UCD under the threat of an arrest warrant if he refuses.  (UCD was previously caught using these probationers for election work in violation of federal law.) Our neighbor described the humiliation of being arrested, cuffed, and taken away in front of neighbors and friends in the community in which he has lived for 20 years! Think of the next humiliation, over two days, as he works in the chain gang in front of us in his orange suit!  ( My helper and the other guy walked the third victim home because he was traumatized and having serious anxiety trouble as a result of the events.  Thank God for honorable downscale citizens!) Think of this!  UCD advertises around the entire region that wealthy suburbanites are encouraged to bring upscale wine to Clark Park.  (Many of us attended the orchestra and watched the wine flowing freely.  We watch students regularly bring wine and houkas with their picnics in Clark Park.)  But our hard working neighbors are traumatized, fleeced, and then forced to work in the chain gang for the very same UCD, or face jail.  In the same jurisdiction, middle and lower class citizens are now arrested and enslaved for the same privileges enjoyed by the wealthy and powerful.  UCD and these good people with money and power piss on the US Constitution.  The poor and middle class are no longer considered US citizens. They have been criminalized. Here is what Asians face:       http://news.yahoo.com/s/ap/20091025/ap_on_re_us/us_police_beating_video Waiting for my orange suit, Glenn ---- You are receiving this because you are subscribed to the list named "UnivCity." 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