[GPSCC-chat] Santa Clara Police Harrassed anti-war protester; join us tomorrow 11:30 - 1, Stevens Creek & Winchester

[Spencer Graves]

Hello, All:


       Below please find an email from David Ledesma, who had a brother 
killed in Vietnam.  David has been vigiling every Saturday and Sunday, 
11:30 AM - 1 PM at Stevens Creek and Winchester Blvd, on a corner that 
is inside the City of Santa Clara.  Earlier today, he was harassed by an 
officer of the Santa Clara Police, claiming he was violating some city 
ordinance, though she wasn't sure which one.  After the incident, 
attorney Dan Mayfield told Ledesma he would send letters to appropriate 
officials on Monday.


       If you can, please join David and Me tomorrow, Sunday, 11:30 AM - 
1 PM, Stevens Creek and Winchester Blvd.  Bring your favorite anti-war 
sign or just a camera ;-)


       Best Wishes,
       Spencer
M:  408-655-4567


-------- Original Message --------
Subject: 	Santa Clara Police: Sep 30, 2006 Déja vu
Date: 	Sat, 22 Mar 2014 17:31:52 -0700
From: 	david <svtriathlete at hotmail.com>
To: 	david ledesma <svtriathlete at hotmail.com>



Greetings everyone-
Today, March 21, marks 11 years that I have been protesting against war 
and militarism (and other concerns I have) at the corner of Stevens 
Creek Blvd. & Winchester Blvd. (Santa Clara corner boundary).  Today, I 
was approached by Santa Clara Police Officer, Jamie Ellis (Badge #189), 
and told someone called SCPD and made a complaint about the message on 
my signs.  Ellis was given the complaint.  She told me that it appeared 
there was a city ordinance not allowing sidewalk signs (like mine) but 
she wasn't sure it applied to me.  She asked me if I had been out there 
before with my signs.  I replied, "yes, for the past 11 years, every 
weekend".  She then pointed to my sidewalk signs and asked if they have 
been the same signs.  I said yes.  She followed that up asking if I had 
ever been approached by SCDP about it, I said "yes, but it's already 
been resolved".  She asked "how long ago", I replied "about 5 years ago".

She inquired what happened, so I began explaining that a SCPD SWAT guy 
(who was on over time) driving a SCPD patrol car, wearing a black jump 
suit, with no badge and no identifying name plate, who didn't like my 
signs, told me I had to take down my sidewalk signs because there was a 
city ordinance not allowing them.  When I asked which ordinance, he said 
if he had to look it up on his computer he would write me a citation.

I went on to explain that I took my signs down and went straight to the 
SCPD to find out what ordinance. /When the officer on duty showed me 
which ordinance, I read it and said it didn't seem to apply to me and my 
signs.  It applied to signs illegally fixed to the sidewalk or other 
city property.  I asked how I could file a complaint against the SWAT 
guy for denying my right to Free Speech. He said I could start by coming 
to the City Offices on Monday and visit the Code Enforcement office, and 
that I could also ask to speak with the SCPD Watch Commander. So, I 
asked to speak with the Watch Commander./

By this time I could tell Ellis was getting a little impatient at my in 
depth explanation.  So, I fast forwarded to explaining my attorney, Dan 
Mayfield, wrote a letter to the SCPD Chief and City Attorney that the 
ordinance did not apply to my situation and that my First Amendment 
right to Free Speech was violated by the SCPD officer.  That I would 
return the following weekend with my signs and he would be present to 
observe.

I ended by explaining that I returned the following weekend with 30 
people, the San José Mercury News and the Santa Clara Weekly, both who 
had an article and photos in their papers.

Ellis then asked for my name.  I gave her my name.  She then asked me 
for my address.  I asked why she needed my address.  Then she asked for 
my I.D. to verify my address as part of her "investigation".  She wanted 
to make sure I was who I said I was, in case I gave her a fake name.  I 
told her I didn't want to give her my I.D., and reminded her that she 
said she wasn't even sure I was violating the ordinance in the first place.

She again asked me for my name.  I told her, "I already gave you my 
name".  She said, "I mean your address".  I said why don't you find out 
if I violated the ordinance, then come back tomorrow, I'll be here 
anyway".  She said "I'm not interested in tomorrow, I'm asking you 
now".  So, I asked to speak with the Watch Commander.  She said "yes, 
now what's your name"?  I said, I already gave you my name".  She said, 
"I mean your address".  She then said she's giving me a warning about my 
signs.  I said, "a warning.  You said you don't even know if I violated 
anything, and you're giving me a 'warning'?".

I pointed to the "Yard Sale" sign on the corner next to my sign, that 
was attached by wire to the traffic light pole. She said "that's got 
nothing to do with this".  I said, "nothing to do with this?  That's the 
whole reason why you're here!".

By this time another police car showed up.  The officer asked, "does he 
have a permit for this?".  I replied, "I don't need a permit".  She 
again tried to get my I.D., and I refused.  The other officer asked her 
to step away and talk.  She said she would be back.  They consulted for 
a couple minutes, I went back to my protest, then they both drove off.

Maybe she'll be back tomorrow, maybe not.  But, I will be there, 
11:30am-1pm.  Maybe I'll see you there too!
-D.


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