Thursday’s No Justice No BART protest–which shut down Powell Street Station in San Francisco–turned into an ugly attack on free speech and freedom of the press when BART police arrested between 25 and 30 people, a third of whom are reported to be journalists, including seven student journalists from San Francisco State University and the Chronicle’s Vivian Ho. Ho, and others were cited for interfering with transit; the student journalists were not cited. Also arrested: No Justice No BART organizer Krystoff.

During the event protesters and the press stayed outside the platform areas of the station. No Justice No BART had called for the demonstration to take place in front of the fare gates in an effort to force BART to open the emergency exits, allowing passengers walk out for free. The portion of BART stations before the turnstiles is considered to be, has been stated by BART to be, a free speech area.

Also on hand, the Department of Homeland Security.

BART police cited the local ABC and CBS news crews reporting on the protests, and some journalists had their San Francisco Police Department-issued credentials confiscated by the SFPD, who aided the BART cops.

The student journalists’ adviser/instructor Justin Becker–whose Twitter feed was instrumental in our reporting of the BART Board of Directors meeting last month–Tweeted

in response to:

Reporter Joshua Wolf–who spent 226 days in prison for protecting his sources, longer than any other journalist in U.S. history–was also detained, but was released and posted great photos. One student journalist tweeted that another was jabbed in the stomach with a baton when she tried to take a photo.

Police surrounded protesters then told them to leave or they would be arrested, a point one reporter brought up doing the press conference above. (During an earlier #OpBART protest, some protesters claimed SFPD arrested them for blocking traffic after ordering them off the sidewalk.)

Arresting journalists for doing their jobs? Arresting students for doing their homework? WTF, BART Police? Anonymous #OpBART said it best:

BART caused the ongoing BART protests and drew Anonymous’s wrath when they shut off cellphone service August 11 to prevent a potential demonstration by No Justice No BART–the organizer’s of Thursday’s event, supported by Anonymous–protesting the shooting death of Charles Hill at the hands of a BART police officer.

The San Francisco Bay Guardian reported that most of the arrestees were cited for:

violation of Penal Code Section 369i, which makes it a crime to disrupt rail service, outlawing activities that “would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train.”…

The professional journalists in the group have been released after being detained for about 30 minutes, and they’ve been shepherded into an area where they can no longer see the group of arrestees. But a group of three to five San Francisco State University journalism students who don’t have press credentials remain in custody, despite repeated appeals to the police by their faculty advisor Justin Beck.

The Homeland Security Visible Intermodal Prevention and Response (VIPR) unit

an anti-terror unit charged with protecting transportation infrastructure from potential acts of terrorism run by the Transportation Security Administration.

were also present at Thursday’s protest, as they were on August 30. The Department of Justice was present at all #OpBART protests, KALW also reports:

The United States Department of Justice also had personnel on hand for the recent protests by the hacktivist group Anonymous. Xochitl Hinojosa, a spokesperson for the Department of Justice, confirmed that DoJ sent a member of its Community Relations Service to all three OpBART demonstrations this month. CRS, formed by the Civil Rights Act of 1964, is DoJ’s “peacemaker” for conflicts and tensions stemming from racial or ethnic tensions or civil disorder. Hinojosa also confirmed that CRS staff were present at July and November demonstrations in Oakland over the conviction and sentencing of former BART officer Johannes Mehserle, who was found guilty of involuntary manslaughter in the death of Oscar Grant.

VinceintheBay snapped this shot tonight, a perfect expression of San Francisco. But with BART Police behaving as they did Thursday and on August 11, not to mention shooting people at BART stations–free speech is getting squelched, and with it the heart and spirit of San Francisco.

Vince also has raw footage of the protest on his YouTube. Here’s part 1

photo 1:  estimarlqk, via OpBART Twitter (estimarlq was also cited by BART Police)

photo 2: VinceintheBay, via OpBART Twitter

San Francisco Police Chief Greg Suhr promises regarding #OpBART 3 on Monday August 29:

It will be different.

Hopefully he means “different,” as the San Francisco  police will not hit people with batons as seen in this video below. Or maybe that San Francisco police officers will not order people off the sidewalks then arrest them for being on the streets, something reported repeatedly on the #OpBART Twitter feed after the Auguest 22nd protest.

Or maybe “different” in that the SFPD will pay more attention to their arrest lists: The name of a 17-year old–date of birth 9-15-1993, arrested at the #OpBART2 protest, then booked and held in San Francisco County Jail under section 601 (missing person/runaway)–was released to the media, against SFPD media guidelines, followed by another email from the SFPD asking reporters to delete the previous list and use the updated one attached, whihc omitted the juvenile.

Oh wait, this is how San Francisco Police Chief Suhr means “different”:

I don’t want this to be construed as delivering a threat, but enough is enough. They made their point, and they are now losing in the court of public opinion. We don’t feel that we took appropriate action at the appropriate pace (on Monday). The next response will be quicker.

Anonymous responded to Chief Suhr’s words thusly:

Now you have our attention.  We do not appreciate threats nor do we take well to them, especially from a chief of police who has a very interesting background himself. May we remind you of 2003?  Allegedly conspiring to obstruct the investigation into the infamous Fajitagate affair, in which three off-duty cops allegedly beat up two men for their Mexican takeout.  Or maybe we should ask Chief Heather Fong why she had to reprimanded you in 2009.

Oh and in 2005, Chief Fong demoted Suhr to the backwater, literally–making him chief of security for SF’s water supply.

The police department replied to Anonymous, issuing a written statement:

As Chief Suhr has stated this is NOT a threat. We as a department will continue to facilitate first amendment rights to protest. Our goal is to provide a safe environment for everyone. While the demonstrators have the right to protest, we will continue to facilitate it to an extent where it does not infringe the rights of others. We as a law enforcement agency had a duty to protect the constitutional rights of all.

BART has stated that

expressive activities

are not permitted on the paid area of BART stations, meaning any area beyond the turnstiles, and expressive activity in the station requires a permit. Is standing on a platform in a tee shirt reading

I <3 Free Speech. Please Don’t Shoot Me!

a violation of BART’s rules and regulations? Is standing in the station area with duct tape over your mouth? Do these actions require a permit on BART property?

Police ienforced BART rules, making arrests of people chanting and passing out fliers on the platforms during the first two #OpBART protests; none of the arrestees were Anonymous, who confined their protests to outside the station, (though one Anon was  photographed tweeting behind a post on the BART Civic Center platform).

It’s important to remember that there are two groups which are uniting to protest BART (along with random unaffiliated citizens). No Justice No BART is demonstrating against the transportation agency’s police department and policies; BART police officers have shot two men in two years. No Justice No BART has successfully disrupted train service in the past during their demonstrations, most recently on July 11 in response to the shooting of Charles Hill, BART service was suspended when protesters climbed on trains.

Anonymous–which for the most part rallies for freedom of information and communication–was drawn into the fray when BART shut off cellphone service on BART platforms and in trains on August 11 to prevent a planned protest by No Justice No BART which BART Chief of police Rainey said was discovered on a

blog webpage.

In the past two and a half weeks, Anons have swiftly educated themselves on the background of BART and the shooting deaths of Oscar Grant and Charles Hill, much they did in 2008 when the removal of a Tom Cruise video on YouTube led to the development of  Anonymous’ Project Chanology, a year long series of real life  protests–the first time Anonymous moved off the interwebz –that embarrassed Scientology, and aided a number of high ranking members to leave what ex-members describe as an abusive cult.

During the #OpBART protests, it has been members of No Justice No BART who have been on the train platforms chanting and shouting, holding signs, while Anonymous and others have marched up top.

How will Anonymous make #OpBART3 different for the SFPD and the BART police? Civil disobedience tactics like chains, padlocks and “blackbear” lockboxes seem a bit old school for Anonymous who have shown their displeasure for BART spokesperson Linton Johnson’s high-handed tactics by scouring the internet for information about the  former anchorman and then providing a treasure trove of  photos featuring Linton Johnson frolicking topless in the Land Down Under. And wearing really stupid tee shirts. All from Linton Johnson’s publicly available blogs (since shuttered).  Anonymous also redecorated MyBART.org; and someone claiming Anonymity easily hacked into both the MyBART.org and the BART police databases, then released names and other information from both sites.

Anonymous’ effort have proven them to be a force with which to be reckoned: The international uproar over the suspension of cellphone service, made hugely public by the MyBART.org hack and the ensuing protests, has prompted an FCC investigation and forced BART to develop a policy limiting cellphone shutoffs. The majority of BART’s Board of Directors expressed emotions ranging from dismay and outrage over the suspension of cellphone service.

Anonymous has proven themselves to be rapidly mutable, highly adaptable organism with fluid intelligence and Trickster‘s sense of humor which can, to some at times, appear cruel or insensitive. At the core, Anonymous is doing it for the lulz. And like Trickster, Anonymous does not forgive, nor forget. Expect them. And expect them to do it differently, too.

Oh and the SFPD has opened its doors for new recruits. Preferably ones fluent in meme-speak and lolcats.

photo: OpBARTsf

BART’s board of directors met today in a special open session to address the August 11 suspension of cell phone service, which the majority of directors soundly decried, putting interim BART general manager Sherwood Wakeman in the hot seat.

During the meeting BART experienced

technical difficulties

and did not provide live feed.  How um, odd….An earthquake was also felt during the meeting.

The following was gathered off Twitter feeds and news reports of the meeting.

BART police chief  Kenton Rainey told the board that he learned about the August 11 planned protest on

a blog webpage

and made to decision to shut off cellphone service for the riders’ safety. In a dreadful spin about the August 11 incident, BART spokesperson Linton Johnson had said

There are a multitude of groups … flying in from all over the country. They want to do surprise attacks, basically, on BART riders.

Weirdly BART doesn’t consider the full platforms caused by baseball games and drunken concert revelers to be

a threat to the safety of disabled passengers

A”no protests” card was pulled out by a BART employee during the meeting, while an advocate for the disabled informed the BART board of directors that shutting of cellphone service put people at risk–without texts, deaf people can’t get emergency info.

One cellphone-using BART rider said that in his opinion the claim that any 1st amendment right was violated

is specious and trivializes our 1st amendment freedoms

However, other speakers disagreed.  Michael Risher from the ACLU commented that

Just because something can pass constitutional muster doesn’t mean it’s right.… we hope in the next few weeks BART will develop a policy that they won’t turn off cell phone service except in most extraordinary of circumstances

and went on to say that he hoped that

the board takes opportunity to reaffirm free speech rights.

A representative from Indybay.org, a citizens’ news service pointed out that

The tactic of shutting down communications sets bad precedent, could spread to other police forces, this is historic.

Krystof (one name) from No Justice No BART stepped up to the mic, saying

I’m the guy that comes to your meetings.  I’m not anonymous to you!  Your counter-protest strategy is failing miserably…We don’t want you to improve free speech policy. We already have a policy called the Constitution..We don’t need your permission to protest. We are going to do it anyway. Our free speech zone is wherever we are standing,

adding that his group would continue to protest.

One speaker, Twitter handle dto510, aksed the board to vote regarding the cellphone shutdown:

I spoke to BART Board noting evidence of safety threat on Aug 11 was wrong, and asked for vote on cellphone shutdown.

The BART board of directors weighed in. While at the top of the meeting, BART’s assistant General Manager of Operations Paul Overseir said a small hiccup in service could lead to overcrowding and danger on the platforms (again baseball games, oh heck football games, let’s just say it!) and BART chief counsel Burrows pointed out that there are designated free speech areas, the BART board of directors seemed generally unhappy about the cellphone shutdown.

Board member Robert Raburn called the August 11 action imprudent adding:

This will become a landmark case. We must protect 1st amendment. Speculation about protest doesn’t warrant cell shutdown.

Board member James McPartland (on speaker phone):

This is the start of a national discussion on authorities’ power to shut off cellphones.

Board member Joel Keller:

People have a right to cellphone service but BART also has to deal sometimes with situations of imminent danger. When two rights collide, the right to safety and the right to free speech, we should err on the side of not allowing the suspension of cell phone service. Once we allow cell phone service, we have to protect that right.

(the right to safety is not in the Constitution, fyi.)

Board member Lynette Sweet asked the staff to explain the chain of command that lead to the suspension of cell service, and BART Police Chief Rainey replied:

I am responsible for the actions of August 11.

BART’s interim general manager Wakeman says he ultimately authorized Aug. 11 decision on a recommendation from Rainey, and that the FCC was not notified. Nor was BART’s board of directors

Sweet asked about ADA compliance, if was that part of the equation. Wakeman replied

There are alternative means of communication for the  disabled.

Sweet said she has not been quiet on the issue because it is such a big issue, and that the board not being involved in the August 11 decision and the shooting of Charles Hill  shows that BART has not learned any lesson from the shooting of Oscar Grant in 2009. Sweet also said:

I agree with Krystof. Our counter protest strategy is not working.

Board member Tom  Radulovich said that the shut down of cell service was unjustifed and that BART should admit their over reaction and mistake regarding cellphones

even if it’s hard

Sweet concluded

There’s a way to have both safety and open communications.

BART board president Bob Franklin, who said that people have an immediate distrust of BART, still defended Aug. 11 cellphone shutdown, saying

It wasn’t about silencing protesters

much to the outrage of people following the live tweets. No really, then what was it about?

Franklin also said:

I supported Chief Rainey’s tactic to shut down cell service because of safety. We can’t take that chance.

That kind of double speak and attitude will lead to more protests.

@pixpls tweets and #opBART were invaluable for this story.

Photo: YourAnonNews