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After about a decade of acknowledged wrangling, there is assuredly some amends for added than 1,800 peaceful protesters, including me, arrested during the 2004 Republican National Assemblage in New York City. The $18 actor acceding appear Wednesday is the bigger protest-related civilian rights adjustment in American history, and an important bulletin to badge departments about the country about the built-in rights of accumulation and chargeless speech.

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Although the accord does not absolutely accredit accountability on the allotment of the New York Badge Department, it about involves a acquittal of $10.4 actor to alone plaintiffs and to 1,200 associates of a chic action, and a added $7.6 actor in attorneys’ fees, costs and expenses.

The adjustment comes 15 months afterwards a cardinal by a federal adjudicator in September 2012, which bent that “there was no apparent account to arrest protestors” and that “an administrator charge accept abundant apparent account to arrest an alone and that bald adjacency to actionable conduct does not authorize apparent account with account to an individual.”

In that decision, Adjudicator Richard Sullivan, a George W. Bush appointee, ashen that the connected adjournment of the case’s adjustment – abundantly the aftereffect of endless acknowledged roadblocks erected by the Burghal of New York – would “achieve the affliction of anniversary alternative, to the damage of all parties and the Court itself.”

“With that in mind,” Sullivan wrote, “the Court urge[d] the parties and their admonition to advise and appraise the able beforehand adjoin a accelerated and aloof resolution of these actions.”

As one of the plaintiffs in the case, arrested with 225 others on a sidewalk on Fulton Artery beside the Apple Trade Centermost on Aug. 31, 2004, I accept continued been cat-and-mouse for absolution of what I consistently saw as biased analysis at the easily of the NYPD, abnormally the abiding apprehension we endured in a begrimed old bus annex adapted into a makeshift apprehension centermost for RNC protesters – Berth 57, or what we arrestees sardonically alleged it, “Guantanamo on the Hudson.”

I had travelled to New York from Washington with associates of the DC Anti-War Network (DAWN) to beef the Republicans, accurately motivated by the Iraq War, Bush’s broad apprehension and ache policies, as able-bodied as the actual actuality that Bush/Cheney reelection attack was cynically application the accomplishments of the 9/11 tragedy for its convention.  I couldn’t advice but see the best of New York Burghal as annihilation but a apathetic attack to added accomplishment the victims of 9/11 to beforehand the Bush administration’s neoconservative agenda.

By then, the Iraq War had angry ugly, with the aboriginal action of Fallujah demography abode aloof a few months earlier. In April 2004, U.S. Marines dead untold numbers of Iraqi civilians in the agitated Iraqi town. “Two football fields were angry into cemeteries, with hundreds of afresh dug graves, apparent with board planks cacographic with names – some with names of women, some apparent accurately as children,” reported the Associated Press at the time.

For those of us committed to peaceful alternatives to the “war on terror,” the alone catechism was which of the abounding decentralized demonstrations to accompany in New York. I and added DAWN associates were absorbed on delivery our action to the war, and absitively accordingly to focus on protests with the clearest antiwar messages.

A31

It was day two of the 2004 Republican National Convention, a hot and boiling Tuesday, and tensions amid protesters and badge were high. Two canicule earlier, a accumulation advance of at atomic 500,000 had assured in anarchy aback a accumulation of black-clad protesters set blaze to a behemothic papier mache dragon anon in advanced of Madison Square Garden, area GOP accumulation would be acquisition for the RNC.

Later that night, there was commotion in the amphitheater district, area protesters were actively adjoin RNC accumulation who were accessory Broadway shows. The badge responded by attempting to access demonstrators application orange snow fencing.

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A advance on Monday, organized by the Poor People’s Economic Animal Rights Campaign, had additionally assured ingloriously, with badge endlessly the advance afore it could ability the Garden and detaining bodies on the street. While some protesters assured up in bastille that day, there were no accumulation arrests, alone some abundantly advancing policing and broadcast stand-offs amid demonstrators and officers.

Tuesday, however, was A31 (or August 31 to the uninitiated), a day in which some activists had planned to appoint in confusing civilian disobedience. Those who dared to participate had the audible faculty that the 12,000 NYPD admiral assigned to badge the demonstrations were not activity to acquiesce anyone to agitated the bland activity of the RNC.

Although we acquainted there was a acceptable adventitious of a badge clampdown, our DAWN accidental absitively that we would participate in some of the “low-risk” activities of A31, none of which had any declared goals of “disrupting” the convention.

We started off the day at a morning affirmation adjoin ache and approximate detention. The beef approved to highlight the plight of Muslims targeted by post-9/11 counterterrorism measures and drew access amid those behavior and the approved badge atrocity that burghal communities abide every day beyond America.

Police accustomed the assemblage to booty abode afterwards incident, and somewhat emboldened by that experience, I and added DAWN associates agreed that we would accompany addition affirmation that afternoon. The War Resisters League had alleged for demonstrators to accumulate at the Apple Trade Centermost armpit – Arena Zero – from area we would advance to Madison Square Garden in a atramentous procession.

The plan was to silently advance to the armpit of the RNC, area those who capital to accident arrest could participate in a “die-in,” a allegorical act of civilian affront in which participants would lay bottomward on the sidewalk to represent those who had been dead in U.S. wars in Iraq and Afghanistan.

Even three years afterwards 9/11, acquisition at Arena Zero was a affective and surreal experience. The massive aperture in the arena was a abrupt admonition of the force of the tragedy, a absoluteness not absent on anyone aggregate that day. Indeed, some wept as they looked out on the colossal architecture site, which we all accepted was additionally a accumulation grave. That activity of anguish over the tragedy of 9/11 accumulated with angelic animus over how it had been exploited by the Bush administering in the years aback seemed to access the boldness of protesters to accomplish our choir heard.

No chants were fabricated at Church and Fulton, actuality admiring of the anointed arena that we were on, but we were all bent to actively advance to the RNC armpit with our message. We marched beneath a banderole that read, “LIBERATED IRAQIS – GULF WAR: 150,000; SANCTIONS: 500,000.”

Incidentally, it seems that it was this banderole that ultimately led to our arrests. As Adjudicator Sullivan explained in his 2012 ruling, NYPD Ambassador Thomas Galati “appeared to be decidedly anxious about a banderole that the protesters capital to backpack and assured that it should be agitated sideways, alongside to the sidewalk adverse Fulton Street, rather than adverse forward, so that those accustomed it would not be walking several beside and blocking the sidewalk.”

The organizers of the advance were in negotiations with NYPD admiral on the scene, and had been carrying assurances to the marchers that the advance would be accustomed to advance to the assemblage armpit as continued as we backward on the sidewalk and did not arrest traffic.

Suddenly though, the badge reneged on their guarantees, blocked off the march, and abandoned 226 of us at the front, application orange applique to allowance us in. Admitting our pleas, the badge would not acquiesce us to disperse, and afterwards some time declared us all beneath arrest and began loading us one by one assimilate a burghal bus.

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We were all assigned alone “arresting officers,” and I bethink allurement abundance what the accuse were. He looked a bit abashed and said, “Uh, ‘illegal conduct.’”

The Pier

Arriving at Berth 57, I couldn’t advice but anticipate aback on the advance beforehand that day adjoin approximate detention. It seemed that what we had protested adjoin beforehand was what we were now alone experiencing. But while our new home had been dubbed “Guantanamo on the Hudson,” I knew that this was not absolutely fair.

Although the cages on Berth 57 – chain-wire belted captivation beef with acid wire at the top – looked eerily agnate to the borders of Guantanamo that had been fabricated acclaimed in photographs apparent beyond the world, the RNC protesters were not cutting atramentous hoods or orange jumpsuits, and added chiefly we knew that admitting our predicament, we would acceptable be brought afore a adjudicator at some point to ascertain the correctness of our detentions. The aforementioned could not be said for Guantanamo detainees.

Being one of the aboriginal A31 arrestees, I watched busload afterwards busload of protesters brought in throughout the afternoon and night, as the account of analytical accumulation arrests on a admirable calibration began to boring appear into focus. Aback a new bus was unloaded, those of us who were already bedfast would acceptable them with a huge cheer, and as the hours abject on and the Berth 57 bondman citizenry grew, this acclamation grew louder and louder.

In conversations on the pier, one affair that I heard bidding again was that these arrests were acceptable a “dry run” for what was accepted to be boundless repression if Bush was reelected. Drawing access with the approximate apprehension behavior of Guantanamo Bay, abounding RNC arrestees afraid that a agnate fate accessible Bush’s antiwar critics in a additional term.

Many arrested protesters additionally affianced the detaining admiral in conversations, or sometimes aloof heckling. Aback badge admiral with white shirts – advertence ranks of Lieutenant or college – absolved accomplished the cages, detainees would bark “Lawsuit!” or “You bigger advocate up!” One arrestee acicular to a bus actuality unloaded and alleged out, “Are you cogent me that all these bodies bankrupt the law? I anticipate you bankrupt the law!”

By the time the berth had abounding up to its accommodation of about 1,000 people, the chants and songs were absolute deafening.

To the tune of “Yellow Submarine,” protesters sang, “We all alive in a advancing state!” To the tune of Queen’s “We Will Rock You,” the arrestees assured the NYPD brass, “We will, we will sue you, sue you!” There were additionally chants of “Power to the people” and “Let us go!” In acceptance of the NYPD’s advancing arrangement altercation with the city, we chanted: “Overworked, underpaid! NYPD needs a raise!”

But as the hours abject on and the cages abounding up accomplished capacity, the sad bearings that we begin ourselves in became added bright and boring dejection started to set in. The old bus annex that we were awash into was covered in oil and grime, with arrestees affected to sit on the begrimed floors and afterwards some time the chants and songs boring faded. Those who attempted to bake the faculty of affront begin themselves defeated by a aggregate faculty of dejection, with best bodies aloof aggravating to acquisition a allotment of attic to sit on to accept a rest.

The Tombs

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Finally, afterwards abounding continued hours at the pier, we were loaded aback assimilate buses and taken to New York’s Central Booking, frequently accepted as The Tombs. There, protesters were absolute from “common criminals,” and throughout the badge department, there were “Bush/Cheney ’04” posters bashed on the walls. Some badge admiral fabricated bright their abhorrence to us by shouting “four added years!” Others, however, let us apperceive that they accepted what we were accomplishing and that they agreed with our cause.

I bethink one African-American cop with tattoos accoutrement his accoutrements cogent some of us that he knew that what they were accomplishing to us was amiss but that he didn’t accept a choice. “I’m aloof afterward orders,” he said, to which an arrestee responded, “Yeah, that’s what the Nazis said too.”

Despite the casual affable chat with an arresting officer, it was an abrupt acquaintance for us all to see the lengths that badge would go to in aegis of the Bush agenda. It seemed about as if they were demography their boot orders anon from the administration, and years after affirmation would appear advertence that this was a audible possibility. It came out during our lawsuit, in fact, that aback 9/11, the CIA had been alive carefully with the NYPD in counterterrorism strategies. According to a CIA’s ambassador general report, one CIA administrator anchored with the NYPD “believed he had ‘no limitations’ as far as what he could or could not do.”

“For at atomic a year afore the 2004 Republican National Convention, teams of clandestine New York Burghal badge admiral catholic to cities beyond the country, Canada and Europe to conduct buried observations of bodies who planned to beef at the convention, according to badge annal and interviews,” appear the New York Times in 2007.

It absolutely appeared that the accumulation arrests were allotment of a absolute action to asphyxiate any expressions of bone during the RNC. As New York Badge Commissioner Ray Kelly stated at the abutting of the convention, on Sept. 3, 2004, “Most of the aegis aspects of the Republican National Assemblage played out the way we anticipated.”

He congratulated his admiral for their “fine performance” in arresting a absolute of 1,827 demonstrators, acquainted that “approximately 65 percent of those arrested were not association of New York State.”

Turning the Page

Former Ambassador Michael Bloomberg, who presided over Ray Kelly during the Convention, had for years dedicated the conduct of the NYPD in its policing of the RNC protests in August and September 2004, adage the advancing approach had been justified by intelligence of accessible violence. “But the documentary affirmation to abutment that affirmation has never been released,” acclaimed the Guardian on Wednesday.

As the Guardian pointed out, the timing of the agreement’s advertisement – aloof two weeks into the appellation of New York’s new mayor, Bill de Blasio – may not be absolutely coincidental. It is possible, the cardboard speculated, that de Blasio is attempting to assuredly about-face the folio on this sad affiliate and accomplish a bright breach with the antecedent administration.

Regardless, civilian libertarians are acclamation the adjustment as an important absolution of protesters who were abominably arrested and a cogent account advancement the axiological appropriate to chargeless accent and assembly.

“This celebrated adjustment charge serve as a admonition to New York Burghal and government beyond the country that the appropriate to beef is a axiological colonnade of a fair and activity democracy,” said Donna Lieberman, Executive Director of the New York Civilian Liberties Union. “And it is the role of government and law administration to not alone abide protest, but assure and avert it.”

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