The county said take down the tents we said NO! this is our response letter.
The corner of 5th and I streets
To the County Administrative Officer for the county of Humboldt in response to your letter of 25 October 2011.
It is the consensus of Occupy Eureka that we are not vacating this space.
We are unable to comply with your requests as outlined. We find them unresponsive to the subject at hand. The removal of our kitchen will impede our feeding of the members of the occupation and prevent us from continuing to feed the homeless members of our community but will do nothing to alleviate the need for people to use the restroom between the hours of 10:30pm and 7:30am. The removal of our tents will prevent the occupiers from sheltering against inclement weather and maintaining core body temperature creating another serious health hazard but again will do nothing to help solve the sanitation problem.
You site the actions taken in Arcata that have opened the city to lawsuits for violation of civil rights law and their law enforcement officers to possible prosecution for intimidation under color of authority. We feel it would be unwise for the city of Eureka or Humboldt county to follow that poorly chosen course of action. As you come from a system that relies on force to control the population we are not surprised that was your first response.
We are a self policing community committed to the Non-violent redress of grievances. The attempt in the late hours of 26 Oct 2011 of the police to intimidate the Occupation is unacceptable and unwarranted. Are we going to be subjected to police militarism of the style that the Oakland Police are now being vilified?
We are free people exercising our right to the freedom of speech; and have the freedom to peaceably assemble and redress of grievances.
Under our system of law city ordinances do not supersede rights granted under the United States Constitution in the 1st and 4th amendments.
Your offer to, “allow” us to remain without portions of our occupation that speak directly to the rights of citizens to freely exercise their rights is in itself an infringement on our first amendment right to free speech and again does nothing to resolve the sanitation issue.
The act of sleeping in the public square is an integral part of our movement and is thus protected speech. The presence of tents has been ruled protected speech by many jurisdictions including Oakland, Orange County and Humboldt State University.
We look forward to continuing dialog on this matter. As always your representatives are welcome to attend our twice daily general assemblies held at 12pm and 6pm to resolve conflict through constructive dialog rather than threats.
The members of Occupy Eureka
This letter may be freely distribute in its entirety