November 2011

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"Home Sweet Home" at Lincoln Park

"Who said this about me? When did I obstruct someone?" said Big John (R) This Afternoon When he Was Given THREE Hours to Vacate – “Home Sweet Home” – Lincoln Park. By Carol McCracken (Post # 1,029)

EDITOR’S NOTE: 12/3/11. Big John received a letter dated December 1st from the Police attorney, BethAnne Poliquin, advising him that he is able to return to OccupyMaine immediately because the charges against him have been dropped.

Big John was sitting on a Lincoln Park bench enjoying the unusual sun and warm temperatures for the end of November. MHN.com was seated next to him chatting about nothing in particular except the beautiful weather that was making us sleepy. At l:30 pm or so three police officers, one on a bike, came up and pointed a finger at Big John and said: “You. We have papers for you.” Stunned, camp chef Big John walked over to the three officers while mhn.com remained seated. A “credible” source has accused you of “obstructing a pathway,” the bicycle officer told Big John as mhn.com listened. Big John continued to be stunned and shocked. He wanted more information. Who said this and when? The police would not answer his questions. “You have to be out of Lincoln Park within THREE hours,” the homeless man was told. It didn’t take more than five minutes to tell him this. No opportunity was given this gentle man to face his accuser before being evicted – another statistic for tomorrows meeting at City Hill Chambers at 5 pm. to say why the police simply can’t continue to expend their limited resources at Lincoln Park.

Perhaps bowing to political pressure from some members of the city council who want to end the OM presence at Lincoln Park the police presence was strong today in Lincoln Park – leading some outside Lincoln Park to speculate that the police department was racheting up its presence at Lincoln Park hoping to make a stronger case for its recommendation against a permit to the Public Safety Committee tomorrow. It’s been well-publicized that councilor Cheryl Leeman has lobbied Acting Police Chief Michael Sauschuck to “transition” the activists out of Lincoln Park via an email. Sauschuck is also under consideration to be the city’s new police chief and needs all the city council support he can get. The politically charged meeting is at 5 pm at city council chambers at city hall on Thursday.

After waiting more than two hours for a promised interview with Acting Police Chief Michael Sauschuck, he stonewalled mhn.com saying he didn’t have all of the facts on Big John’s situation and/or referring mhn.com to Nicole Clegg, the city spokesperson. When asked if giving a honmeless man, three hours notice to vacate the Park, (without the opportunity to tell the three police officers his side of the story and find out who his accusor was), wasn’t excessive punishment, Sauschuck said emphatically – no. Then he said the interview was over, he had nothing more to say to me and held the interview room door open for mhn.com to leave.

Late this afternoon, close to 5 pm, Sauschuck decided that Big John could stay in the Park until 8 pm. Tomorrow, Thursday, before the Public Safety Committee, he would discuss the matter with city corporation counsel and see “how it could be resolved” according to Big John.

Suschuck should have the authority to allow Big John to stay overnight at Lincoln Park, but apparently not the courage or backbone. Or, is he afraid of expensive repercussions against the city so he needs Wood to draw up legal papers to provide that protection? Otherwise, why would Sauschuck need to meet with Wood – “before the Public Safety Committee meets?”

editor’s note: (1) The afternoon took a personal turn, when a police department Lt. said to mhn.com: “You are anti-police. Your colleagues say that about you. You try to insert yourself in places because you are a troublemaker. I know all about you.”

(2) Both councilors Cheryl Leeman and Ed Suslovic were specifically invited to comment on this Post. Leeman never responded to the invitation; Suslovic belatedly, but with no comment.

OM Resident Jason Cook: "We are asking the city to recognize our first amendment rights."

By Carol McCracken (Post # 1,028)

Late yesterday afternoon a contingent of OccupyMaine, “OM”, representatives accompanied John K. Branson, its pro bono attorney, to the city hall where it filed its petition to remain at Lincoln Park for the next 179 days, with the right to seek renewal.

By way of background, OM has occupied Lincoln Park since October 3, 2011. It was organized two days earlier in solidarity with OccupyWallStreet. On November 21st, OM representatives and city officials met at city hall where it was proposed that OM file a petition for a permit to the city to continue its occupation 24/7 of Lincoln Park. At its general assembly on Sunday evening, OM voted to file such a petition with the city – which was accomplished late yesterday afternoon.

The seven page petition calls for a designated area at Lincoln Park for use as a “perpetual free speech, assembly and community building zone on a 24/7 basis by members of the public seeking to engage in such activities, subject to certain terms and conditions established by the City.” The “designated area” is to the south and west of the concrete walkway from Congress Street through the fountain area of the Park. The number of permitted tents would be as many as can be erected in the designated area and the number of occupants limited to the number that could safely remain there (respecting the 10 ft. restriction between tents); which contrasts the proposal in corporation counsel Gary Wood’s letter of November 23rd to John Branson. Wood called for a specific number of tents with a specific number of occupants.

Wood’s November 23rd letter to Branson stated: “No hay or pallets allowed on Premises. If the Council approves the use of an insulation material for that purpose in City parks, City staff and building inspections will need to review a specific plan describing the type of material and how it will be contained as how it will be fixed in its location……” Branson responded in the November 29th petition: OM would replace any hay or hay bales that are not certified as flame retardant and fire safe with hay and/or hay bales that have been treated to be flame retardant and/or other insulating materials that meet the applicable fire….” Big John, one of OM’s chefs said that “the city is trying to get rid of us by taking away all the things that will keep us warm during the cold weather. The city expects us to hire architects and get blue prints and spend lots of money on fees we don’t have. They want to intimidate us,” he said about the November 23rd letter from Wood to Branson.

Jason Cook, one of the OM members who accompanied Branson to the city hall yesterday afternoon to file the petition said: “This is a groundbreaking day because we are asking the city to concede to certain issues as we will be making concessions for the health and safety for which the city has legitimate concerns and we agree with them. We are asking the city to recognize our first amendment rights,” Cook said.

For more background, please see Post # 1,027, dated November 27, herein.

By Carol McCracken (Post # 1,027)

As expected, at its General Assembly meeting Sunday night in Lincoln Park, OccupyMaine decided to apply for a permit to remain at Lincoln Park. The group had a workshop to discuss the matter which lasted most of the afternoon. In the meantime, the city set up a schedule for the next several steps in the process of deciding whether or not to issue a permit for their occupancy at the Park. That decison will be made by the City Council on Wednesday, December 7th.

The petition for a permit must be filed with the City Council for the use of Lincoln Park by close of business, Tuesday, November 29th. On Thursday, December 1st, the public safety committee will meet at 5:00 pm to hear public and staff input and to generate a recommendation regarding the petition to the full council. Then, on Wednesday, December 7th, the city council will hear the recommendation of the Commitee and vote on the continued use (and if the vote is affirmative, the conditions of that use) of Lincoln Park by Occupy Maine, according to a communication from Gary Wood, corporation counsel to John H. Branson, pro bono attorney for OccupyMaine.

A six page letter, dated November 23, from Wood to Branson spelled out in detail the code violations that need to be addressed for the permit, if the City Council approves it. According to Wood, Bransons’ clients need “to seek specific unique permission to use or place certain structures….from the Mayor and City Council as current city ordinances do not allow it.” Mayor Elect Michael Brennan will be the new Mayor by Wednesday, December 7th. The Wood letter was written prior to the arrests beginning on Thanksgiving Day at Lincoln Park. (The letter was copied to Mayor Nick Mavodones and the city council, Mayor Elect Michael Brennan and eight other city employees, but not the city manager.)

Some members of the movement believe they do not need to apply for a permit which they continue to exercise their First Amendment Rights at Lincoln Park through the numerous signs on display on fences and on the tents. “After all, the city pushed us from Monument Square down here. We are simply exercising out constitutional rights but in a different place,” said advocate Tim Sullivan of OccupyMaine. The group also has about $2,000 in a local credit union which could go toward expenses required by the code changes, if approved by the City Council next week. $1,000 of that came from a grant for which OM applied.

For more background information, please see Post # 1,025, dated November 21, herein.

By Carol McCracken (Post # 1,026)

Soon the Hill will have it’s very own UCar Rental Car. It will be located in a reserved parking spot on Congress Street between St. Lawrence Street and Atlantic Street. The service is expected to be implemented by the end of the year.

Almost two years ago, the city council approved the introduction of four Chryslter PT cars at two locations in the city. Two are parked at 4 Elm Street near the bus line and the public library. The other two are parked at 46 Commercial Street across from the Casco Bay Lines. This latter site was chosen for its proximity to the terminal for island and peninsula residents’ use.

Last night the city council approved the additional car for the Hill. It will be parked in a dedicated spot. Participants gain access with membership cards. Once an account is set up, members may reserve a car oline or over the telephone.

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