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The Mayor thinks I should be ashamed of myself for standing up for my civil rights. Murl Harpham could barely remember his own name but I misidentified the name of a cop and I was pure evil. I corrected that error before proceeding and dismissed my case against the misidentified individual by the way. They claimed we had no community support. Hundreds of people were coming to rallies at Occupy Eureka in October and November. It was police repression that shrank the crowds over time.When a segment of the population held a counter protest we out numbered them 3 to 1. The case has been, "Taken under advisement" and I will hear within the next 30 days. I don't care what the commissioner says in the end. We have already won. We have stood up to an evil repressive regime and said no more. You cannot treat us as serfs we are free people. We have stood together. More then 15 months after the fact people are still coming to support our actions and testify to the wrongs done by the city and by the criminal thieves and killers of the Eureka police department. I am honored to have taken part in the action at Occupy Eureka with comrades such as these. It is the Mayor and the Chief of Police that should hang their heads in shame.
We are not done. Not done fighting this evil regime or fighting for our rights in court. The morning of the 19th of February at 8:30 am Verbena will be proceeding with her civil rights cases. I look forward to seeing you all there.
ALL POWER TO THE PEOPLE
James Decker.

Remembering In the Redwoods

It is impossible to capture all of the emotions that returning to the courthouse brings forth in me today. We are here to remember. To remember A fallen defender of the earth, David, “Gypsy” Chain, and to remember a year spent engaged in the struggle to defend human dignity here on this space. Because he was brutally murdered by corporate society I never had the chance to meet Gypsy but the world is a poorer place for his absence.

One year ago today some of us were watching as the world erupted with a new movement. People by the score were arriving at Zuccotti park in the heart of the financial district in New York city. Gathering to share their disgust with the state of life in the land where they lived. We had seen this happen throughout the middle east and northern Africa. They had called it the Arab spring and now we were bearing witness to what had been dubbed the American fall.

The capitalists oligarchs had restored the system for the wealthy. The 1% had looted the treasury to pay their bonuses while the poor were under the boot of an oppressive regime of teabaggers swept into congress by the failure of the hope and change corporatists, For them austerity was a religion.

Occupy was a continuation of the teachers in Wisconsin taking to the streets, of a Tunisian fruit vendor, Mohamed Bouazizi self immolating in the square. A reaction to millions being thrown from their jobs and their homes.

We called ourselves the 99% and came from all walks of life. Students buried by debt training for jobs that no longer existed. Jobless people, houseless people, the disenfranchised, the despised, the derelicts. The artists and engineers, musicians, teachers and nurses and well I think you get the picture.

We came with more then our complaints we came with a process. We were foolish enough to believe that everyone in their midst had value. That everyone in a group has the right to be heard and to put their ideas out there. That instead of a few rich men going behind closed doors to decide the fate of the rest of us that we would gather in open general assemblies that everyone took their turn to speak at. That we were All leaders and Nobody Was.

I am proud to have been part of that last year here at the courthouse. We were one of thousands of groups that sprang up around the world in solidarity with the Occupy Wall street movement. We came down on the 7th of October and hung up some banners and held the first of many General assemblies of our own.

We have come a long way since that day and that is what we are here to commemorate and I hope move forward. Because that is the true legacy of occupy. We have shown the world that we are not going to take it. We have changed the conversation in America and become part of the long history along the road to a more perfect union.

The process was for me transformative. I had always been an activist, or so I thought but for the first time in my life I was involved in the struggle every waking hour. I was able to see that for many of those around me were transforming as well. You cannot experience a true community with the type of aspirational goals that we had growing and not be changed.

We pitched a tent or 2 that grew to a camp that grew into a community and that was not what the capitalists wanted. When they do it in Tahir square they sent the secretary of state out to praise it. When it happened at UC Davis they sent the militarized police out to pepper spray it.

We affected a response throughout the nation from those in power. Violent repression. We scared the fuck out of those people inside the courthouse. The failure of capitalism could not be displayed to a docile public they were paid so highly to keep appeased. They tried to label us terrorists and a security threat. They smiled and nodded and made nice in public then all the sudden they struck with an Iron Fist in the form of riot troops. We were no different here then the rest of the country with our comrades going to jail cells and to hospitals.

Our comrade Hans sent this message. “They can break my ribs but the can't break my spirit.”

When I am speaking I like to try and stick to the principle that less is more so I will not try your patience rehashing the litany of police misconduct and abuses of power that we were subjected to. That is for another time perhaps but I am going to ask you to indulge me for a for a short walk down memory lane.

Many of you are familiar with the assassinated leader from India Mr. Gandhi, and something he said rings true of what we have done. First they ignore you, The root of the problem began here. For decades society has ignored the plight of those at the bottom. That group that must be sacrificed to their Capitalist God “Market Forces”

Then they ridicule you; Who pooped and peed on the bank became a meme with Defegate becoming national news. When a member of the media came it was to find the weirdest person in the crowd to get a 5 second sound bite of the crazy hippies and their hobo camp. Those inside the building tried to play us off and hoped we would go home.

Then they fight you; 7 November rolled around and the Chief of EPD had a plan and the DA gave the order to, “Go Get Em” That night they arrested dozens, injured a few and stole the property of those that have the least. What followed was a calculated series of attacks on the members of Occupy Eureka. Unjust imprisonment, Theft of property, destruction of signs, bogus arrests. The complete disregard for constitutional rights and of human rights.

Then you win; We went to court and kicked their ass, Hung Jury, case dismissed in the interest of justice, decline to prosecute, Not Guilty On All Counts. When they ginned up some AstroTurf group to “take back the courthouse” We turned out the power of the people and the power of the people don't stop. We sent them packing back to their sad little lives of hate for anything different.

We held our vigils out here in front of the courthouse and the Sheriffs were forced to drop their heads as they walked sheepishly by having been taught that we the people were the sovereigns

Janell filed a lawsuit to overturn the ordinance 2477 and I am confident she will prevail. We outlasted the fence around the grass and have gotten some of the more odious sections of the ordinance on the chopping block. We forced them to return our property and our signs and we forced them to stop arresting us. To some extent the problems I was just speaking about were side issues. Once the police state sent out their military arm, EPD we were engaged in the fight for the right to protest. We fought to hold the space because that was a large part of the message. If as many wanted we had given up that fight nothing else would have mattered. They fought like hell to prevent us from getting out this message.

You have saddled us with a system that is wrong and we will not sit quietly by while you continue to destroy our communities. No you will not cut down old growth to widen a road so you can pull your tanks into our front yards. We will not become slaves to the company store and we will not allow you to give million dollar bribes from the head waters slush fund.

Human rights are most in need of defense for the powerless in society. Sleep is as much a necessity as food and water. We endured in the cold winter rains in the hope that soon no one would have to.

We are raising the wages of working people in Eureka. Many of you have little faith in government and less faith in the ballot box but as Malcolm X once said by any means necessary.

We are gathering signatures for the Eureka Fair Wage Act to force Walmart to pay a $12 per hour minimum wage. Please sign it if you live in the City of Eureka and can vote.

We continue to fight for justice against laws that criminalize poverty and dissent.

This last year has been exhausting for many. The godfather of our little occupy was worn down and I am glad to see Jack here today and in improved health.

I say to you We only lose when we quit. I am truly fortunate to be a part of this action. I have met some special people that I am proud to call my comrades. Men and women that are willing to stand together and say no more.

You had your chance to run the world and you fucked it up.
Now it is time for you to go away and to let us try and fix it.
You are Capitalism
You are Fascism
You are totalitarianism
You are globalization
You are finalization
You are Hatred and You are Greed.
You will not poison our air and our water and food supply and our minds. We will not tolerate your wars against other countries and against the environment. We are human beings and you will treat each of us with the dignity that that accords us.

What I would have, will say

I am here today to speak about the state of law enforcement in this county and the lack of accountability.

Last Thursday was Cotton day here in Humboldt County. It has been 5 years since 4 members of EPD beat a man to death while other cops stood silently by. The city lost a multimillion dollar law suit but not one of the killers have been fired.

When you allow killers to go unpunished you create a climate of lawlessness in the institution that rots it at its core. In a free society it is imperative that the integrity of the law enforcement agencies be above reproach. That and the presumption of innocence are the cornerstones of our system of justice. The police are allowed to carry weapons even in places a member of the larger society cannot. In this day and age the police are armed more in the manner of an invading army. When a few people protested outside the court house with tents the police arrived in riot gear with military style weaponry and attacked peaceful protestors exercising their rights granted in both the United States and State of California Constitutions.

We have not purged our departments of those that have disgraced the members that wish to honorably serve their community. By not doing so we have weakened the community. When we erode the faith people place in the institutions we turn those institutions into oppressive forces.
The policeman on the beat unbound by the law in his own mind oversteps his authority and people that have done no harm to society spends weeks in jail for protesting the destruction of our environment or the corruption in our financial sector. People are arrested for riding a bicycle while having an accent.

The making of bad laws undermines that faith as well. When your Board chose to ignore the first amendment and volumes of case law in an effort to remove the right to redress grievances from the people of Humboldt county it made a mistake. The overwhelming public sentiment against that action was ignored and a bad law was passed. A law that many people feel compelled to break because it is an affront to free people in a constitutional republic.

The jurors as part of the system of checks and balances has rejected that law and you are planning to try and amend it. I would like to see that that process is done in a manner open to the public. Repeal the Urgency Ordinance in total, Either abandon the idea that you should try to regulate protesting or Schedule well publicized public hearings in all parts of the county rather then the sham process that has been followed so far.

I would also ask that the Board of Supervisors join members of the community in condemning the Arcata Police department overstepping their authority and acting as an ICE agent, profiling people with accents. It is bad enough that local police would issue citations to obvious tourists that were not causing any harm but simply made a wrong turn while riding their bicycles rather then just give them some directions and help them on their way. To demand papers from someone based on obvious profiling should be grounds for dismissal. That is probably too much to hope for in a county where the police regularly kill with impunity.

Victory for the night

The feeling of victory is sweet. Last night around 9:45 2 deputy sheriffs walked by the front of the courthouse while we held our candle light vigil for first amendment rights. The sheepish looks they gave us when we invited them to join us said it all. Total capitulation by law enforcement. They came back around twice more before we departed at 11:30 and ignored our “criminality” each time.
The Machinations of the small town old boy network are becoming clearer with every action of the power structure. The sheriff decries the district attorney's actions while the acting police chief rails against the “lawlessness in front of the courthouse. All against the backdrop of oppressing the poor at every turn.

Not Guilty

For Immediate Release Wed, July 11, 2012

Humboldt Jury Finds Candlelight Vigilers “Not Guilty” in Courthouse Curfew Trial

Victory for First Amendment Rights & Free Speech Vigilers: "The Constitution is the law of the land."

Contact: Peter Camacho, Amanda Tierney, Kimberly Starr: (707) 442-7465, parc.office@gmail.com

EUREKA, CA – On March 30th, three participants in a “Candlelight Vigil for the First Amendment” were arrested on the Humboldt County courthouse steps, peacefully asserting Constitutional rights in the face of a repressive 'urgency ordinance', passed three days earlier, that seeks to criminalize everyday activity in front of the courthouse such as sharing food, setting down a bag, or holding a protest between 9:30pm and 6:00am. The courthouse has been Humboldt County's historic forum for free speech activity for over 50 years."They violated the ordinance but the Constitution gave them a right to be there. The Constitution is the law of the land," said Juror #7.
The trial of the three candlelight vigilers, Peter Camacho, Kimberly Starr, and Amanda Tierney, was the first test of the courthouse curfew. It may also have been the last if the Board acts on their June 18 vote to remove the curfew portion of the ordinance. Supervisors Virginia Bass, Mark Lovelace, and Ryan Sundberg voted for the curfew to be rescinded in the interest of preserving the public's right to hold night-time vigils and gatherings. The Board plans, however, to expand repressive prohibitions to public space surrounding over 120 county facilities.
The jury in the vigil case was in deliberations for six days. Arguments during trial largely centered around the question—does the county legislature have the authority to trump First Amendment Constitutional rights?
“We hold strongly to the firmly planted belief that no government body can trump the Constitution. The Board of Supervisors tread where no government in the U.S. should go,” said pro per defendant Kimberly Starr in closing arguments. "This courthouse is a visible, central, and most reasonable and traditional place for protest activity in Humboldt.”
“It is 'as American as apple pie' to believe that it is every citizen’s right to utilize this traditional public forum for such a simple, peaceful exercise of the First Amendment," added attorney, Casey Russo. Mr. Russo of the Public Defender's Office represented Mr. Camacho, who was arbitrarily held for six days in jail for the candlelight vigil arrest.
Mr. Russo described the three vigilers as “concerned Americans who are brave enough to put themselves out there and exercise their First Amendment rights.”
The jury viewed a video of the vigil from the night of the arrest; it showed a calm, peaceful, and principled gathering. The trial however had a pronounced intensity as community members rooted for justice, a decision in favor of the defendants and in favor of basic civil rights.
Humboldt Deputy District Attorney, Jackie Pizzo, attempted to discredit the vigilers' defense and assertion of their Constitutional rights by pointing out that they are not attorneys nor do they hold doctorates in Constitutional law.
Countering the prosecution's attempts to discredit them and criminalize the simple act of sitting on the courthouse steps, the vigilers made strong statements during their testimonies and closings:
"The U.S. Constitution and the California Constitution were not created for study by academics or for mysterious reference by attorneys or to be a complex subject matter for historians. The rights of the people and safeguards from overbearing government are laid out in the Bill of Rights. These things are for common people to use, to assert, to protect themselves with.
The unanimous verdict from the jury reinforces the popular sentiment that the curfew is an unlawful abridgment of the people’s right to assemble and speak. "We believed they had the right to be there and we believed they thought they could be there," a juror told the victorious demonstrators and their supporters after the verdict.
In closing, the day before 'Independence Day', Amanda Tierney, representing herself, urged the jury to "say 'yes' to the elixir that should always fuel our democracy…the freedom to express our opinions and engage each other in a social dialogue. "
Community members have been enacting nightly "Candlelight Vigils for the First Amendment" in front of the Humboldt County courthouse for over three months, in opposition to the passage of the controversial ordinance.
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Throwing sand in the gears

Spent a couple of hours out at the beach waiting for some space to become available. Part of helping some folks put their lives together. Have to cop to the fact that we have not been very successful. We have far from failed but we still don't have a secure space for them to be in. Life continues to flow and the courts beckon for the next few days. Things have spun off in new directions and I am fatigued. What else is new.

My new gig

I am no longer in front of the courthouse with the Occupy Eureka sign flying. In the almost 9 months we have been there I have learned much. What I have learned most is that fighting a corrupt system takes more than most people can summon. I was glad that Sarah and Hans were there at the end of this phase as they were there at the beginning with me. So many others have fallen away.

I have moved to the next phase, solutions. For a long time I have been engaged like many in Occupy trying to educate the public about the reasons things suck. If you didn't already know that things sucked you are completely clueless or part of the cause or both. I have taken that as far as I can and now need to move on to fixing the problems. With the things I have learned and the comrades I have come to know we are engaging in the next step. First on the agenda is Walmart and their community destroying form of capitalism.


On WalMart's Opening Day, Residents Announce Intention to File "Eureka Fair Wage Initiative"


Contact: James Decker (707) 442-7465


Eureka, CA: Members of Occupy Eureka and Peoples' Action for Rights and Community, along with other concerned residents, are announcing today their intention to file the Eureka Fair Wage Initiative.


"WalMart has come to our community, against the will of the voters, to drive down wages and benefits for working people," says Veteran for Peace, Don Swall. With this initiative the voters will have a chance to say "NO." NO to outside corporations putting downward pressure on local wages. NO to the closing of locally owned businesses. NO to the blight that WalMart and other Big Box retailers bring to small towns across America.


The Eureka Fair Wage Initiative will require employers to pay a minimum of $12 an hour to all of their workers, with an exception for smaller businesses. The initiative is a simple, straightforward proposal to keep stingy companies from killing jobs in the community that pay a decent wage. It will keep more of those dollars here in Eureka California, rather then flying our money to Bentonville Arkansas.


Eureka residents said "NO" to WalMart at the ballot box before, but through secretive deals and backroom negotiations the City government and WalMart have undermined the will of the people. This leaves working class people no choice but to take matters out of the hands of politicians, more concerned with personal enrichment then the enrichment of the community, and take to the initiative process. The Initiative planning group invites persons interested in signature gathering or making other types of contributions to call (707) 442-7465.


We left behind the folks that had nowhere else to be and it took the police about 4 hours to come down and hit them with an order to vacate in 72 hours. This shows what a bunch of cowards run this county as well as anything we did. It is too early to write an assessment of what we did and the Monday morning quarterbacks will be lining up to tell us what we did wrong soon enough. All I can say for now is that I will continue the battle in a new form.

Occupy Eureka goings on

A few days worth of random Occupy Eureka goings on. We had some folks out in Solidarity with Occupy Chicago to call for the end of NATO. We continue to hold our vigil every night starting at 9:30 pm. We also have need of more folks to occupy and to help with the filing of complaints.