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Senator Lowenthal Calls Treatment of UC Protestors "Outrageous and Disturbing," Calls for Hearing

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Video capture of a UC Davis police officer pepper spraying protesting students.

8:05am | State Senator Alan Lowenthal, chair of the Senate Education Committee, has "called for a joint hearing into the UC system policies and procedures regarding non-violent protests," according to a press release.

“The pepper spraying and bludgeoning of students by UC campus police is outrageous and disturbing," Lowenthal said. "It is clear from these shameful actions that the UC system needs a single unified policy on the appropriate response to peaceful campus protests and on the use of force by campus police.”

Lowenthal's statement comes in the wake of widely disseminated video showing, among other acts, UC Davis police blasting a line of seated protestors in the face with heavy amounts of orange pepper spray.

“The constitutional right to peacefully protest is part of our American character," said Lowenthal in his statement. "It is critical that the public be assured that the rights of our students are not being abused or infringed."

The press release announces that the hearing, to be held by the state Senate and Assembly on December 14, "will focus on UC system rules, regulations and policies regarding student protests on UC campuses and facilities; the UC campus police use-of-force-policies; and the training procedures of UC campus police in crowd control techniques. In addition, the committee will receive updates on the ongoing investigations into the UC Davis incident."

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Archived Comments (43)
LBCritic
Hey, they were ordered to leave . . . so what's the problem here? Much ado over nothing.
JNJ
Wow, that photo is horrifying. I can't believe that all those other officers just stood around and allowed that to happen. Disgusting. I am glad that it was caught on film and that it will be investigated and surely that officer will be terminated.
pigs
They are just bullies hiding behind a badge. I'd like to see this guy get what's coming to him.
Livy
Boo Hoo...grow up Alan! The protesters were told that if they didn't disband they would be pepper sprayed. Well, guess what? They didn't disband, so they were pepper sprayed. I find this to be a great learning experience at a facility dedicated to higher learning! Good job UC Cops!
Fair Game
This is exactly what thgese kids wanted. Look at all the publicity you get for having to deal with a few minutes of pain. I think they got off easy.
Officer Bully
The casualness of the spraying (if you've seen the video) is the epitome of bullying. It's anti-American in its contempt for nonviolent demonstration.

There was no call for this. The casualness of the assault tells you all you need to know about the officer's perception of danger to himself and his fellow officers. The photo speaks for itself.
John
LBCritic, what country do you live in? I guess Rosa Parks should have just sat in the back of the bus when she was "ordered" to sit there. Please leave my country and reloctate to say, Syria. Sounds like your cup of brutality.
Spell it out for you
The UC Davis chancellor says she didn't authorize the pepper-spraying of demonstrators. After she initially said she supported what the police officers had done.

No one in authority will be punished.

THIS IS WHY THE PROTESTS CONTINUE
What this means
"You don't have to idealize everything about them or the Occupy movement to recognize this as a moral drama that the protestors clearly won." --James Fallows
Time for a sit down
The spraying was a demonstration of the powerless being exploited by the powerful. No wonder powerful legislators want to pretend they're not part of the problem.
Any Honest Officers Prese
Is there not ONE active police officer who can come forward and say, "I went into this profession to protect public safety and I love my profession, but this is just wrong. I agree with the Occupy protesters -- police forces are being used inappropriately to intimidate and bully protesters exercising their most basic 1st Amendment rights. Police forces should not be deployed into public spaces with the apparent intention of provoking a reaction among protesters, and then be used to shut down those nonviolent protests. It's wrong, and it is shameful to my profession, which can do so much good for our society when it is not be misused by those in power."
Clarissa
LBCritic and Livy---these people were exercising their 1st Amendment rights by their non-violent protest. It's astonishing that you find their violent treatment acceptable.
I'm with John---should Rosa Parks and the people before her have just sat at the back of the bus when they were told to? How else would you hamstring the effectiveness of peaceful protest?
Yoga Gurl
Oh, please! I am all for expressing yourself but these kids asked for it! They have been taunting the police and refusing to move when asked, several times! Yes, you can "protest" but not block sidewalks, get in the way of other people's rights (which they are doing). They are being childish and self-centered. Heck, I bet they WANTED this to happen so they can look like victims! No, they created all this negativity themselves by their actions. Yes, it looks bad but you have to see the whole video and have to see the context. I am with the police on this one.
Nan G
I watched the 15 minute version of the event....
http://www.youtube.com/watch?v=K8Uj1cV97XQ&feature=player_embedded
....where the pepper spray took place after 5 minutes.

What bludgeoning took place was unseen even in the entire 15 minutes.
(Unless the term, "bludgeoning," has taken on a new definition since I last looked it up.)

During the 1st minute a campus police officer asked the protestors to leave and they refused.
During the 2nd minute a campus police officer was on his walkie-talkie to someone getting instructions.

After 3 minutes two campus police officers are conferring also with someone else via walkie-talkies.
After conferring in the 4th minute of the video the campus police officer gives the sitters another opportunity to get up (they will be moved).

Only after 5 minutes does a campus police officer ready himself to spray the non-leathal (not tear gas, just pepper spray) spray at the students.
More than a full minute passes then the campus police order the protestors to MOVE!

Before spraying begins the protestors get yet another chance to get up and avoid being sprayed.
Less than a minute later protestors are being helped up and away from the walkway.
When protestors lock arms to prevent this they are pulled apart. (7:30)
Within a minute of that, with only two or three still seated where they are not permitted, others from on the sidelines try to force their way onto the walkway to sit.
Police line up with batons across their fronts to block this illegal act.(7:50)
By the 8:15 mark the walkway is clear.

But the protestors won the territory back before the end of the video.
Maybe next time Alan's dog gets stolen from his own backyard he will call one of these protestors rather than police, right?






My Daddy is a Cop
If one of those pepper-sprayed protesters has a mom or dad who is a cop, maybe then police officers would learn that the 1% wants to squish them, too.
Diana Lejins
Oh, excuse me, for a moment I thought I was back in the oppressive regime of China......
Jennifer J
LBCritic, Livy and all the others -- Pepper spray is attack dogs in a "kinder, gentler" nation. Both cause harm. It was not okay to use water cannons on children, not okay to unleash dogs on protesters, and not okay to blast someone with pepper stray at point blank range. Period. Full stop.
Luis
This officer needs to be charged with assault and put on leave without pay immediately. We don't need a hearing. He'll get his hearing in court.
Belmont Bob
Lowenthal is an apologist for spoiled children. These people need to abide by the law like the rest of us. Lowenthal can't make exceptions to the law. The police did what they needed to do. Lowenthal get out of education and politics and see what life is like in the real world.
This seems familiar
Don't spray me, bro.
Newlife1
The protesters need to get out of their tents, get an education and work like the rest of us. Yes, times are very tough and with idtiots in Washington and no leader in the White House it is going to stay tough for the next year or so. Try being part of the solution instead of a mindless mob.
Paul
Now that Officer Pike's action has gone viral he has given the Occupy Movement their, "Kent State" moment. When will he be on every talk show in sight, and how long until the book?
IF YOU DON\'T LIKE POLICE
Thank you Nan G. for putting the chronological events in order for those that still can't seem remember the basic fundamental law of land that also got Rodney King in trouble: When a police officer tells you to do something and you are on public property then you need to comply otherwise face the consequences. Senator Lowenthal is just looking for more free press since it's election time again and he does not have the war chest of campaign funds likely that opponent has already acquired.
John B. Greet
I think it is clear that the UC Davis police were not properly prepared to dealeffectively with the protesters who confronted them.

I think the choice to resort to pepper spray was unwise. I think it has created a PR nightmare for UC Davis and inflammatory propaganda images that the protesters must only consider to be priceless and they will no doubt be able to benefit from for a long time to come.

Appropriate pain-compliance techniques could have allowed the campus cops to complete their mission with no injuries and wihout losing the PR battle.
Erik
Elsewhere I read that the protesters had completely encircled some of the police officers. If so, I think they were justified. If not, they probably should have just ignored them.
RG
How else are the protesters suppose to get their message out? How else can they make the point that increasing the burdens on the middle class/students/OWS has reached the limit of sustainability? What else can create change? Not the status quo...
GDub
@John B. Greet: Your worry is that they created a PR nightmare? That's it? Wow. When conservatives and liberals alike are disturbed by the actions of spoken officer, you truly make yourself look sick.
John B. Greet
@ GDub: Of course the PR debacle that UCDPD created through the manner in which it mishandled the protesters is not my only concern, nor did I ever say that it was.

Misrepresenting the stated position of people with whom one disagrees, however, and then offering personal insults is a common tactic among those who lack the ability to think critically or to remain civil.

UCDPD had every right to remove the protesters. If you have viewed the entire video available (not just the piece that everyone is so rightly concerned about) you would surely agree with me that this is so.

The true concern, then, is in the tactics UCDPD employed to remove them. There were better tactics available that could have allowed the officers to do their lawful duty and complete their mission, without resorting to pepper spray.

Despite the sensationalistic footage, no protester suffered any permanent illness or injury as a result of the pepper spray. Thus all UCDPD really accomplished was to look like a bunch of malicious uniformed thugs on camera.

Perhaps that is what they are and perhaps not. I tend to think that whomever was making the decisions out there just showed extremely poor judgment, both in terms of tactics and in terms of public relations.

Given that the protesters were determined to commit their civil disobedience, the officers could have been avoided the current PR fallout by using better tactics.

Does that clarify my position for you?
MIKEYMAD
This is horrific to watch and its just a picture people treating people like they are just some stray dog.
Just think about the cop that did this, he goes home and tell his wife guess what i did today i got to pepper spray a bunch of non violent people today. He must feel good about himself.
Man i am steamed up just look at his face it's almost like he is enjoying it.
GDub
No, it makes your point only murky. Let's break down your words:

'Those who lack the ability to think critically or to remain civil': I apologize -- are you referring to the police officers (whom you claim were 'not properly prepared' to handle the situation and whose actions were 'unwise') or the students?

'[The police officers were hindered] from completing their mission': WHAT MISSION? This is not combat; you do not have attacks nor violence. A military officer -- including the Iraq vet I just spoke to -- would have a hayday with you word choice of 'mission.'

'[N]o protester suffered any permanent illness or injury as a result of the pepper spray': So, if no injury causes 'permanent' injury, it's suddenly okay? Then the basic ideas or assault and injury should be legally voided if they are inflicted, ethically or otherwise, by someone of the law? Law supersedes law is basically what you're saying? You support totalitarianism?

You clearly have conundrums between what you say and what you believe. Think critically and get back to me.
Really
I find Lowenthal's entire political career to be "outrageous and disturbing". I would rather be pepper sprayed than listen to his garbage.
John B. Greet
@ GDub: Apparently you are more interested in confrontation and offerings of insult than you are in courteous and respectful dialog. That's too bad. I'm sure you are capable of the latter, why not make greater efforts to prove it?

I'll try one more time to deal with you in the manner that I hope you will begin to deal with me. If you cannot alter your tone after this I'll leave you to your rudeness and your assumptions.

As I stated, the officers were clearly not prepared to deal in an effective manner with the protesters who confronted them. If that had been better prepared, this confrontation would have resolved in a more constructive and less sensational manner.

The term "mission" is not solely used in military applications. Businesses publish "mission statements" and police officers and firefighters are often given assignments which they routinely refer to as "missions." The mission of the UCDPD officers at this scene was to remove the protesters. This is self-evident in that this is precisely what they set about doing. If this was *not* their mission, then why did they do it? Believe it or not, cops are not generally in the habit of doing things they are not authorized and required or expected to do. Through their lack of cooperation and their refusal to disperse as instructed *several times*, the protesters did, indeed, hinder the officers from completing their self-evident mission. Understand?

I never said it was ok, suddenly or otherwise, that UCDPD used pepper spray to remove the protesters. In fact I said quite the opposite. Perhaps you weren't paying attention. That said, their use of pepper spray is not, to any degree, indicative of "law superseding law" (although this occurs quite regularly and properly within ourn system of justice), let alone totalitarionism.

If UCDPD was authorized to remove the protesters (and it appears that they were) then they had legal authority to use that force which proved necessary to do so. They directed the protesters to leave, several times, but the protesters refused. The next step was less-than-lethal force options. I think they selected the wrong option. You disagree. I get that, but employing illogical and sensationalistic language such as "totalitarianism" in your arguments is just not persuasive.

GDub
@John B. Greet: I have no response.
John B. Greet
@GDub: Understood and thanks for the exchange.
Just wondering..
@Greet: So what tactic would you have recommended to remove the protesters?
GDub
@John B. Greet: No, you DON'T understand, hence my no response... I have no response to you. Completely. Take that in its entirety.
John B. Greet
@GDub: And yet you persist in responding in your non-responsiveness. Curious.

@ Just wondering: I think UCDPD should have used tactics similar to those we saw LAPD use in the case of the recent well-choreographed SEIU protest march downtown.

A team of three LAPD officers approached each protester individually and directed him or her to leave the area. As each person refused (as LAPD new in advance that they would), he or she was first placed under arrest and then asked to stand up on his or her own and walk under escort to the booking van to be transported to jail and processed.

If a person refused to cooperate and stand and move on his own, the officers could have used pain compliance techniques to compel the person.

The only thing I did not like about the well-televised LAPD process was that a couple of the protesters refused to stand on their own and so several LAPD officers physically lifted the person and bodily carried them away. This is not the best response in such cases. It places the officers at undue risk of injury and leaves them vulnerable to attack.

Assuming the arrestee CAN physically stand and move on his or her own but simply chooses not to, pain compliance techniques can be used that, when applied properly and with restraint, are QUITE effective and compelling a passive OR active resister to cooperate and stand and move as directed.

This is the tactic I think UCDPD would have been wiser to have employed. It would have taken longer, but there was no rush. Better to be patient and deal with each protester one after the other in a controlled professional manner, than to resort to the sort of mass-force tactic we saw instead.

Thanks for asking!
Sean
it's humorous that LBCritic, Livy and Fairgame would make comments suggesting that in some way these people got what they deserved. The very chancellor of the entire UC System has gone on record saying that he totally and thoroughly supports and encourages the student's right to peacefully protests saying that protests are in the very fabric of the UC system. Besides, according to UC Davis police chief, Annette Spicuzza, the police were lost confused and scared trying to find their way out of the situation and couldn't find a hole to walk through . . . in other words, the police didn't even have a right to be there. The cops were intruding on a sanctioned peaceful protest.

For the record, I am NOT an avid supporter of the Occupy movement, but this garbage with police bullying is out of hand! Police across the nation are nothing but a bunch of hoodlums and thugs. I am DEFINTELY anti-Police, these idiots are allowed to run amuck brandishing weapons without having to answer to anyone OTHER THAN THEMSELVES and wreck havoc on society, how is that PROTECTING AND SERVING? It seems to me the police, yes that includes Long Beach's own collection of bumbling idiots known as the Keystone Kops, are the people who need to be sat down and peppered srayed in the eyes, beat to a bloody pulp, dragged across the ground, face down, hog tied, shoved into the back of a police cruiser left to linger in pain for the better part of an hour and then driven off to wherever these jack-asses take people.
WHY
What was the protest about? This seems to have been overshadowed by the senseless actions take by the police. I'm sure the police could have just watched the sitdowners and they would have eventually left instead of resorting to stupidity. Lowenthal should investigate the reason for the sit down and address that. Or, does he feel that he should legislate a law to regulate stupidity.
vidaurri
Thankyou, Mr. Lowenthal. It is not okay for the police to be acting like thugs. No respect for this behavior. We have a right to protest.
william lloyd garrison
Wow. There are some sick people on this thread. "DO what you're told or be pepper sprayed!" Nice slave mentality. "bettuh lissen to massuh, or ya get whipped!"

Police are legally OBLIGED to use the MINIMAL FORCE NECESSARY to get compliance. They EASILY could have simply lifted these protesters up by the arms and carried them to a squad car. I myself have been arrested several times at protests in precisely that way. It wasnt tried.

Pepper spray is NOT the first thing to try; it's for protecting police from people who are out of control. This was done out of ANGER and CONTEMPT, not to protect anybody's safety. What a bunch of unAmerican slobs on here, ordering compliance. You would have loved Nazi Germany.

Pepper spray is painful and can cause permanent damage. How about showing some respect for the willingness to risk arrest and beatings for a principled cause? This cop is SICK and so are all of you supporting him. These young adults could have been dealt with in myriad ways.

FIVE MINUTES? That's your threshold for "well we tried, not you get pain"? I would say six or seven hours would be more appropriate. Pepper spray should NEVER be used except in emergencies where safety is IMMINENTLY threatened. It wasn't. This was for the convenience and emotional venting of the police, totally unprofessional. Shame on all of you who support it, you are slaves.
1960s
Thank heavens Alan Lowenthal remains a guardian of the rights of citizens. I agree with those who compare this to other peaceful protests. "Four Dead in Ohio" - Kent State was the first thing that occurred to me as well.

Universities and colleges have always been places that people come together to protest / question the status quo.

Without students and others willing to engage and question, we would be trapped by (generally wealthy) conservatives who, once seated, see no reason to give up their primacy or control.

Thank you Alan for acting with a conscience, with compassion and with intelligence.
zthunderstrikez
This seems to be happening more and more these days, guilty before proven innocent, conviction without any real evidence and the constitution, well the only time I hear it now is when a public servant or a rich banker who stole OUR money wants to protect his butt. oh and anyone who is not a American citizen gets the protection of the Constitution too. But an American citizen who believes in God and quotes from the constitution and returning vets according to homeland/fatherland security should be looked at as possible terrorists. I just don't know with the more and more invasion of privacy and the constant
dismantling of the Constitution and the theft of our nation. The bailouts the greatest theft in the history of the world which they expect us, our Indentured children and their children to pay back and beyond for their theft!!! Sorry guys getting off track I don't write much I had to respond to this- so I say hell yes they have the right to sit on the sidewalk if they want too as long as they are not hurting anyone people can you just walk around or is that to much of a inconvenience or annoyance to the police deserving of pepper spray in the face? to quote (Benjamin Franklin) It is the first responsibility of every citizen to question authority and it is way past due. I know this is not the America I served in the U.S.M.C. for. take care guys. Tim

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