Aletho News

Flashback: Oakland Police Settle Lawsuits for Bloody Monday

4 April 2006

Almost three years after the bloody police riot at the Port of Oakland, California, that left nine longshore workers and dozens of anti-war demonstrators injured and scores of protesters and one union business agent arrested, the City of Oakland finally settled the lawsuits against the police.

The settlement included not only monetary damages for the injuries and constitutional rights trampled, but new, more restrictive policies on the Oakland Police Department’s use of force during protests.

But the waterfront employers in the Pacific Maritime Association who colluded with the police in those actions have yet to pay for their crimes.

Shortly after the US invaded Iraq, peace activists organised a protest at the port to highlight war profiteering by some ship companies. Stevedoring Services of America received a no-bid contract to operate the Iraqi port of Um Qasr for the occupying forces and American President Lines had a contract with the US Government to ship munitions and other war materiel to Iraq.

Before the first shift on Monday, April 7, 2003, protesters set up picket lines outside the terminal gates. They had organised their action publicly, advertising it through flyers and web postings.

The employers and the police were aware of it and plotted their response in secret. Documents obtained through the lawsuits’ discovery process revealed that representatives of management and the Port of Oakland met with police several days before the demonstration. Oakland Police Department Lieutenant Edward Poulson, in charge of the police response, was granted his request that company and port representatives be present at the police command centre during the protest, and actually “deputised” an employer representative as part of the police “command and support team” to assist in arresting people.

The Tribune quoted the California Anti-Terrorism Information Center spokesman Mike Van Winkle justifying his agency’s tactics: “If you have a protest group protesting a war where the cause that’s being fought against is international terrorism, you might have terrorism at that [protest],” Van Winkle said. “You can almost argue that a protest against that is a terrorist act.”

With that kind of information and arguments the OPD greeted the demonstrators in full riot gear and armed with so-called “less-than-lethal” munitions, including wooden and rubber bullets, concussion grenades and lead-shot filled bean bags.

Longshore workers arriving for their morning shift at the terminals saw hundreds of people picketing the gates and a line of trucks backed up down the road. They stood by a good distance away as local officers had instructed, awaiting the arbitration. But the police did not.

One police officer, using a barely audible bull horn, declared the demonstration an illegal gathering and ordered everyone to disperse. Then the police moved in formation toward the demonstrators with rifles drawn and aimed head high. Suddenly shots rang out and concussion grenades arced overhead and boomed. Protesters and longshore workers alike fell to the fire. Others were run into by cops on motorcycles, beaten and arrested. Local 10 Business Agent Jack Heyman, rushing to help his members get out of harm’s way, was pulled out of his obviously marked ILWU Business Agent car, thrown to the ground, handcuffed and arrested.

Many of the injuries were severe enough to require hospitalisation and surgery. Video and photos showed the police aiming at people’s heads, in direct violation of the munitions manufacturers’ warnings that such practice could result in death. Injuries to heads and shoulders confirmed the violations were common. The multitude of wounds in the back showed police were shooting at retreating people.

The next day’s New York Times quoted Police Chief Richard Word saying the police dispersed the crowd at the behest of management. Outraged that ILWU members would be shot on orders from the employers, as if this were 1934 and Bloody Thursday once again, the Coast Committee fired off a letter to the Oakland mayor demanding an independent investigation.

While Local 10 and injured and arrested protesters prepared their lawsuits against the city and its police department, Alameda County District Attorney Tom Orloff moved preemptively. He charged 24 protesters with failure to disperse and interfering with a business, and charged BA Heyman with obstructing justice and failure to comply with a police officer’s order. Those charges were all eventually dropped.

From the day of the event the Mayor and City Council President defended the police action, claiming they were responding to demonstrators throwing rocks and bottles. But the police department’s own video showed no violence on the part of the demonstrators. Rather than go to trial without supporting evidence, the city offered an out-of-court settlement.

In total the police use of excessive force on peaceful citizens exercising their Constitutional rights of free speech, assembly and dissent cost Oakland taxpayers $1.25 million to settle 59 lawsuits, not including attorney and court fees.

“City politicians spent all this money to suppress civil liberties and trade union rights when it could have gone to Oakland schools and paid teachers decent wages and benefits,” said Jack Heyman.

Closing the deal, the Oakland City Council voted unanimously in February to pay up and get out of this embarrassing mess, all the while claiming they were not admitting guilt.

Local 10 declared victory and voted to accept the settlement. Only the employers have yet to answer for their role in putting ILWU members and protesters lives at risk that day-so far.

“The documents we got from the police in this case show without a doubt how today’s employers still turn to the police to enforce their power over workers just as they did in 1934,” Heyman said. “We won’t forget that.”

MUA Solidarity

To Jack, all our brothers and sisters in the ILWU and all progressive men and women who stand in defence of workers’ rights and the rights of people to peacefully protest against corporate war mongering, government corruption and police brutality, the members of the Maritime Union of Australia send you this message of support.

If the profits of war go unquestioned there will be no peace and if police brutality and government deception goes unchallenged, there will be no freedom.

The bloody attack on Monday April 7, 2003 against you, other anti-war demonstrators and longshore workers at terminal gates in the port of Oakland was a gross act of repression, condemned by the UN Rights Commission, progressive Americans and working people worldwide.

That the Oakland government turned its guns on its own people accusing you of terrorism for speaking out against war profiteers, giant corporations American President Lines and Stevedore Services of America is a gross violation of civil rights.

Blood flowed, but you refused to cower.

We congratulate all those involved for taking a stand against your persecutors and for your victory. In so doing you not only defend your rights, but our rights and the rights of all.

Paddy Crumlin

Maritime Union of Australia National Secretary

June 20, 2010 - Posted by aletho | Civil Liberties, Militarism, Solidarity and Activism