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Posts from February 2008

Quotes for the Day: Ezra Heywood and Frederick Douglass

Perhaps apposite, under the circumstances.

But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother [sic] abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? ... At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation's ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced.

— Frederick Douglass (1852), What to the Slave is the Fourth of July?

And:

A cruel kindness, thought to be friendly regard, assumes to protect those who, by divine right of rational being, are entitled, at least, to be let alone. We are not among wild beasts; from whom, then, does woman need protection? From her protectors.

— Ezra Heywood (1873), Uncivil Liberty: An Essay to Show the Injustice and Impolicy of Ruling Woman Without Her Consent

Rapists in uniform

Trigger warning. The following videos of two local news stories may be triggering for experiences of sexual assault.

(Via J.H. Huebert @ LewRockwell.com Blog 2008-02-03 and Balloon Juice 2008-02-03.)

Hope Steffey, 47, of Salem, Ohio, is suing for compensation from a gang of men and women who raped her.

In October 2006, in Salem, Ohio, Steffey, 47, was assaulted by one of her cousins in a domestic dispute and knocked unconscious. The family called 911 for help; a sheriff’s deputy named Officer Richard T. Gurlea came out to the house to do some serving and protecting. He asked Hope Steffey for ID, and she mistakenly gave him the wrong driver’s license — one of her late sister’s old licenses, which she kept in her wallet as a memento after her sister died. The cop noticed that it was the wrong license, and, after he got the right one, he refused to give Steffey back her sister’s old license. When she became distraught and pleaded with him to give back the license, Officer Richard T. Gurlea, sanctimoniously instructed her to calm down, ran a criminal check on her real license (which came back completely clean), demanded to search her car, still refused to give her back her keepsake, and finally, public servant that he is, snapped back Shut up about your dead sister. Now treating Steffey, the victim of a violent crime who had called for his help and protection, as if she were herself a criminal, he escalated the confrontation, and, when Hope Steffey dared to point at the pocket where he was holding her keepsake and to shout at him about how important it was to her, Officer Richard T. Gurlea courageously defended himself by grabbing the assault victim he had been dispatched to help, slamming her face-down on the hood of his car, and shouting are you going to stop? Then he threw her down, pinned her to the ground, and handcuffed her. Then he arrested her for disorderly conduct and resisting arrest, and took her to the Stark County jail. This is what happened after she was locked up in the jail:

While they were booking her, one of the guards asked her Have you thought about harming yourself? The purpose of this question is in order to give the jailers an opportunity to label you as crazy for legal purposes, which, in their minds, is reason enough to inflict on you absolutely any kind of cruelty, violence, or invasion of your privacy, and then, to crown all, to turn around and call your torture and humiliation a precaution taken For Your Own Safety. Bewildered and brutalized, Hope Steffey asked for clarification: Now or ever? In this case, apparently the jailers figured that that was close enough for government work, so what they did was get a gang of male and female guards to surround Hope Steffey and drag her to a cell, then have least two male officers pin her down and hold her arms (she was still handcuffed throughout the ordeal) while female officers stripped her naked and searched her over her screams of protest. After this sadistic sexual assault, they left her locked in her cell, totally naked, without even a blanket to cover herself. She eventually wrapped herself in toilet paper from her cell’s commode, in a desperate effort to keep herself warm and regain a little bit of privacy.

Hope Steffey has filed suit in federal court against the Gurlea, sheriff Tim Swanson, and fifteen unnamed jail guards. Here’s how the sheriff’s office has responded:

In a written response to the lawsuit, Swanson and his deputies deny wrongdoing and maintain the arresting deputy, Richard T. Gurlea Jr., and others at the jail are allowed to use reasonable force to make an arrest and protect prisoners in their custody.

The department does not deny that Steffey was stripped of her clothes and left naked in a cell for six hours.

The defense has asked a judge to dismiss the claims.

— Canton Repository (2008-02-02): Sheriff responds to strip-search video

Tim Swanson’s idea of reasonable force and protecting prisoners may be different from yours. If so, you can share your thoughts with him at his office phone number, (330) 430-3800.

There’s a lot more that I might say about this, if I were able to keep on typing. But honestly I can’t. I first learned about this case yesterday, but to write this post I watched the videos over again and I now am shaking so badly with anger and despair that I just can’t keep banging on with the usual stuff. If you want analysis, it’d be about what I said in Rapists on patrol, Law and Orders #6: Pigs at the trough, and Corrections officers; if you imagine this is Yet Another Isolated Incident, then compare it with the more or less identical treatment of Beryl Wilson, Michael Moran, and Ricardo Montalvo by the Kalamazoo City Police, or, Christ, just google around for a few minutes until you’re satisfied. But I’m not about to dignify the fucking pigs in Stark County, or their hordes of freelance sado-fascist police enablers — fouling any Internet or media outlet they can find with putrefying excuses like She gave him a fake ID! She went psycho! They did what they had to to carry out their policies! She’s just poisoning the well so she can shake them down in court! etc. — by pretending as if there were any need, or any room, for debating this. It’s obvious, and it’s caught on tape, and there is no possible excuse. Those who are willing to stand up, in the name of Law and Order and Official Procedures, for officially-sanctioned gang rape, have already done much more to reveal the absolute depravity of their position than anything I could ever say.

Further reading:

Update 2008-02-06: I made some minor revisions to one sentence for grammar and clarity.

WWLSD?

(Link via Austro-Athenian Empire 2008-01-23.)

happylee, in comments (2008-01-22) on Randy Barnett’s Volokh Conspiracy post on Lysander Spooner 200th birthday:

And we all know who Lysander Spooner would support for President in 2008: Ron Paul.

Happy Birthday indeed.

Rahul, in comments (2008-01-22) on the same post:

Amen HappyLee – ironically some folks who do appreciate Lysander Spooner find it difficult to support Ron Paul. One of the mysteries of this election cycle to me has been the abandoning of Ron Paul by most influential libertarians. Sad, but true.

Lysander Spooner, in comments (1886-05-15) on President Grover Cleveland’s inaugural address:

SIR, — Your inaugural address is probably as honest, sensible, and consistent a one as that of any president within the last fifty years, or, perhaps, as any since the foundation of the government. If, therefore, it is false, absurd, self-contradictory, and ridiculous, it is not (as I think) because you are personally less honest, sensible, or consistent than your predecessors, but because the government itself — according to your own description of it, and according to the practical administration of it for nearly a hundred years — is an utterly and palpably false, absurd, and criminal one. Such praises as you bestow upon it are, therefore, necessarily false, absurd, and ridiculous.

… You have not so much as the honest signature of a single human being, granting to you or your lawmakers any right of dominion whatever over him or his property.

You hold your place only by a title, which, on no just principle of law or reason, is worth a straw. And all who are associated with you in the government — whether they be called senators, representatives, judges, executive officers, or what not — all hold their places, directly or indirectly, only by the same worthless title. That title is nothing more nor less than votes given in secret (by secret ballot), by not more than one-fifth of the whole population. These votes were given in secret solely because those who gave them did not dare to make themselves personally responsible, either for their own acts, or the acts of their agents, the lawmakers, judges, etc.

These voters, having given their votes in secret (by secret ballot), have put it out of your power — and out of the power of all others associated with you in the government — to designate your principals individually. That is to say, you have no legal knowledge as to who voted for you, or who voted against you. And being unable to designate your principals individually, you have no right to say that you have any principals. And having no right to say that you have any principals, you are bound, on every just principle of law or reason, to confess that you are mere usurpers, making laws, and enforcing them, upon your own authority alone.

… But the falsehood and absurdity of your whole system of government do not result solely from the fact that it rests wholly upon votes given in secret, or by men who take care to avoid all personal responsibility for their own acts, or the acts of their agents. On the contrary, if every man, woman, and child in the United States had openly signed, sealed, and delivered to you and your associates, a written document, purporting to invest you with all the legislative, judicial, and executive powers that you now exercise, they would not thereby have given you the slightest legitimate authority. Such a contract, purporting to surrender into your hands all their natural rights of person and property, to be disposed of at your pleasure or discretion, would have been simply an absurd and void contract, giving you no real authority whatever.

… Every man has, by nature, the right to maintain justice for himself, and for all other persons, by the use of so much force as may be reasonably necessary for that purpose. But he can use the force only in accordance with his own judgment and conscience, and on his own personal responsibility, if, through ignorance or design, he commits any wrong to another.

But inasmuch as he cannot delegate, or impart, his own judgment or conscience to another, he cannot delegate his executive power or right to another.

The result is, that, in all judicial and executive proceedings, for the maintenance of justice, every man must act only in accordance with his own judgment and conscience, and on his own personal responsibility for any wrong he may commit; whether such wrong be committed through either ignorance or design.

No one could justify, or excuse, his wrong act, by saying that a power, or authority, to do it had been delegated to him, by any other men, however numerous.

For the reasons that have now been given, neither any legislative, judicial, nor executive powers ever were, or ever could have been, delegated to the United States by the constitution; no matter how honestly or innocently the people of that day may have believed, or attempted, the contrary.

… Such, Mr. Cleveland, is the real character of the government, of which you are the nominal head. Such are, and have been, its lawmakers. Such are, and have been, its judges. Such have been its executives. Such is its present executive. Have you anything to say for any of them?

Yours Frankly, LYSANDER SPOONER. BOSTON, MAY 15, 1886.

Lysander Spooner, in comments (1877-02-04) in J.M.L. Babcock’s New Age, on woman suffrage:

Women are human beings, and consequently have all the natural rights that any human beings can have. They have just as good a right to make laws as men have, and no better; AND THAT IS JUST NO RIGHT AT ALL. No human being, nor any number of human beings, have any right to make laws, and compel other human beings to obey them. To say that they have is to say that they are the masters and owners of those of whom they require such obedience.

The only law that any human being can rightfully be compelled to obey is simply the law of justice. And justice is not a thing that is made, or that can be unmade, or altered, by any human authority. It is a natural principle, inhering in the very nature of man and of things. It is that natural principle which determines what is mine and what is thine, what is one man’s [sic] right or property and what is another man’s right or property. It is, so to speak, the line that Nature has drawn between one man’s rights of person and property and another man’s rights of person and property.

… The excuse which the women offer for all the laws which they propose to inflict upon us is that they themselves are oppressed by the laws that now exist. Of course they are oppressed; and so are all men–except the oppressors themselves–oppressed by the laws that are made. As a general rule, oppression was the only motive for which laws were ever made. If men wanted justice, and only justice, no laws would ever need to be made; since justice itself is not a thing that can be made. If men or women, or men and women, want justice, and only justice, their true course is not to make any more laws, but to abolish the laws–all the laws–that have already been made. When they shall have abolished all the laws that have already been made, let them give themselves to the study and observance, and, if need be, the enforcement, of that one universal law–the law of Nature–which is the same at Rome and Athens–in China and in England–and which man did not make. Women and men alike will then have their rights; all their rights; all the rights that Nature gave them. But until then, neither men nor women will have anything that they can call their rights. They will at most have only such liberties or privileges as the laws that are made shall see fit to allow them.

If the women, instead of petitioning to be admitted to a participation in the power of making more laws, will but give notice to the present lawmakers that they (the women) are going up to the State House, and are going to throw all the existing statute books in the fire, they will do a very sensible thing,–one of the most sensible things it is in their power to do. And they will have a crowd of men–at least all the sensible and honest men in the country to go with them.

But this subject requires a treatise, and is not to be judged of by the few words here written. Nor is any special odium designed to be cast on the woman suffragists; many of whom are undoubtedly among the best and most honest of all those foolish people who believe that laws should be made.

You don’t have to agree with what Lysander Spooner says about legal or presidential authority in order to count as a libertarian (in at least some meanings of that term). You don’t even have to agree with what Spooner says about politicking or voting in government elections, as a matter of strategy, to count as an anarchist. But if you are going to confidently assert that we all know that, were he alive today, Lysander Spooner would favor efforts to get Ron Paul named President of the United States, and if you sneer at libertarians who don’t agree with the position that you imagine Lysander Spooner would be holding, then I do think that you ought to at least show some sign of having read something or another by Lysander Spooner that touches on the matters under discussion.

The only reasonable explanation I can give for these assertions is that the people making them have simply never gotten it into their head, in any way that matters, that someone with passionately held political views might not favor any political candidate at all, might in fact object on principle to the elective oligarchy that we fatuously term our democratic government, and might indeed believe that worthwhile political change must be achieved through means entirely different from any form of majoritarian party politics. Indeed, they’ve likely never gotten it into their heads, in any way that matters, that there even are other means for achieving political change. If I’m right, then maybe reading some Spooner, as they ought to anyway, will help them break out of narrow-minded devotion to electoralism and legalism. If not, as would be best, by changing their convictions, then, at very the least, by expanding their imagination.

You got served and protected #2: Halifax cops tackle a 17 year old girl and taser her while she lies helpless in her own bed

(Thanks to Elinor 2008-02-01 for the link.)

Last year in Halifax, Nova Scotia, a gang of three cops — Phillip MacKenzie, Tara Doiron and Brendan Harvey — showed up to intervene in a fight between a seventeen year old girl and her mother. The mother called them in when the girl threatened to damage some property in the house. By the time the police arrived, the girl was calm and it’s likely that the cops could just have left things be, or spent a little bit of time talking to everyone like civilized people in order to make sure that everything would be alright. But, of course, this is completely unacceptable from the standpoint of the police, when there are Bad Teens on the loose, so instead they escalated the confrontation and tried to force her out of the house, so they could proceed with whatever they imagined they needed to proceed with. She argued with them, which a fair number of cops seem to have been trained to treat as a criminal offense, and when the cops decided to arrest her for daring to talk back, there was what the papers call an altercation. When an altercation goes on between a 17 year old girl and three armed, professional cops, what that means is that she struggled briefly and the pigs responded by tackling her, and then, just for good measure, blasting her twice in a row with a 50,000-volt electric shock from their tasers while she was lying helpless in her own bed. After having three armed cops gang up on a teenaged girl to beat and shock her into submission, they then charged her with resisting arrest and assaulting a police officer — the first charge a bogus non-crime when the arrest itself was completely arbitrary, and the second charge an apparent exercise in dreadful farce.

Of course, when The Matter Is Investigated by the police, they will either (a) act as if the cops did nothing wrong, fabricate some incredibly tortured military-necessity excuse without questioning whether the goal of arresting the girl ever needed to be accomplished in the first place, and cite some incredibly vague Official Procedures for the use of force, as if that unquestionably ended the argument; or else (b) failing that, issue some mild administrative sanctions against the cops and write the whole thing off as Yet Another Isolated Incident. In fact, the case is entirely typical — because a massive sense of entitlement; a habit of barging in where you’re not needed and refusing to leave until things are settled to your own satisfaction; a contemptuous indifference to the perceptions, interests, needs, or consent of those you are putatively there to serve and protect; a strategy of needlessly escalate confrontations; a habit of using belligerence to take control of situations that your own actions have made hostile; the casual use of techniques that inflict incredible pain on your victims in order to make them comply with arbitrary orders; a willingness to hurt or arrest your victim in order to end an argument; and an expectation of more or less complete administrative, civil, and criminal impunity, no matter how senseless your orders, no matter how needless your use of violence, and no matter how obviously helpless or harmless your victim may be — are part and parcel of the environment that cops do their dirty work in, from the first day of training to the buddy-thug culture of their departments to the cultural excuse-making and overt legal privileges that insulate them from the expectations that anyone else would be held to outside of the world of rampaging statist power-trips. We already know that cops have no problem electrifying prepubescent children and alleged salad-bar thieves; no problem serving and protecting the hell out of 82-year-old women as part of a care check or repeatedly shocking a young man sleeping in his own house; no problem beating the shit out of teenaged girls in order to arrest them for not cleaning up spilled cake well enough or being out too late at night, and then charging the girl that they violently confronted, and who they outweigh by a hundred pounds or more, with criminal assault. So, while this case is outrageous, why should it be surprising? The only thing that’s unusual is that, for once, somebody in the legal system — Anne Derrick, the youth court judge who took the girl’s resisting-arrest and assault case — actually drew back the veil of Law Enforcement, acquitted the girl of all charges, and called the police on their shit:

A Halifax Youth Court judge criticized three police officers Tuesday for their arrest of a teenage girl, who was tackled in her own bed and shocked twice with a stun gun last February.

The spectacle of a 17-year-old girl being Tasered in her bedroom is a very disturbing and disconcerting one, Halifax Youth Court Judge Anne Derrick said in her ruling on the charges of resisting arrest and assaulting a police officer.

I find the police acted outside the scope of their authority in arresting [the girl] and that she was entitled to resist and committed no offence in doing so, and I acquit her of the charges before the court.

Derrick also found that the police escalated the situation leading to the arrest.

— CBC News (2008-01-30): Halifax judge slams police for using Taser on teen girl

Meanwhile, the young woman, now 18, having spent an entire year of her life trying to clear away this nonsense, plans to file a complaint with the police department, now that she has finally been vindicated in court. She is also considering a civil suit. I hope that she sues the pigs personally and takes them for everything they've got. Unfortunately, if a suit is filed, what will probably happen is that the police or the local government will settle the case out of court, and then, public servants that they are, they will send the bill straight to a bunch of perfectly innocent taxpayers, while the thugs MacKenzie, Doiron and Harvey go on terrorizing innocent people in the name of public safety, suffering some mild administrative sanction at the worst.

If you're baffled that cops would go on committing these kind of outrages, over and over again, in so many different cities in the U.S. and Canada, never exhibiting any interest at all in introspection or critical re-evaluation of their institutional culture beyond a bureaucratic review of whether cops should be carrying tasers (as if this were some kind of equipment failure!), and never addressing any issues that this might raise other than the P.R. problems that it causes for the police department, well, that’s pretty much why. Why would they ever try to act accountably or responsibly when the existing framework of immunities and legal privileges granted them by the State virtually guarantees that they will never personally be held responsible or called to account for what they do?

Small-government conservatives #2

(Thanks, Holly @ feministe 2008-02-01.)

Hey, everyone, it’s Mississippi House Bill No. 282, introduced by Republican state representative W.T. Mayhall, Jr.!

HOUSE BILL NO. 282

An act to prohibit certain food establishments from serving food to any person who is obese, based on criteria prescribed by the state department of health; to direct the department to prepare written materials that describe and explain the criteria for determining whether a person is obese and to provide those materials to the food establishments; to direct the department to monitor the food establishments for compliance with the provisions of this act; and for related purposes. Be it enacted by the legislature of the state of Mississippi:

SECTION 1.

(1) The provisions of this section shall apply to any food establishment that is required to obtain a permit from the State Department of Health under Section 41-3-15(4)(f), that operates primarily in an enclosed facility and that has five (5) or more seats for customers.

(2) Any food establishment to which this section applies shall not be allowed to serve food to any person who is obese, based on criteria prescribed by the State Department of Health after consultation with the Mississippi Council on Obesity Prevention and Management established under Section 41-101-1 or its successor. The State Department of Health shall prepare written materials that describe and explain the criteria for determining whether a person is obese, and shall provide those materials to all food establishments to which this section applies. A food establishment shall be entitled to rely on the criteria for obesity in those written materials when determining whether or not it is allowed to serve food to any person.

(3) The State Department of Health shall monitor the food establishments to which this section applies for compliance with the provisions of this section, and may revoke the permit of any food establishment that repeatedly violates the provisions of this section.

SECTION 2.

This act shall take effect and be in force from and after July 1, 2008.

Sandy Szwarc, Junkfood Science (2008-01-31): No fat people allowed: Only the slim will be allowed to dine in public!:

I called lead author, Rep. Mayhall, and asked if this was serious legislation or tongue-in-cheek to make a point. He kindly took a moment to answer my question while the legislature was in session. He said that while, regrettably, he doesn't believe his bill will pass, this is serious. He wrote it, he said, because of the urgency of the obesity crisis and need for government action. He hopes it will call attention to the serious problem of obesity and what it is costing the Medicare system.

Remember, citizen, your body is public property, and if you’re letting it get blighted, there’s always some conscientious state legislators ready for a bold campaign of eminent domain and cosmetic renewal.

Further reading:

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