Archive for the 'San Francisco' Category

Ending State violence against women in prostitution in San Francisco

Friday, October 24th, 2008

Last year, a dangerous California street gang rolled up on 1,583 women and abducted them off the streets of San Francisco, tied them up, and held them against their will for days or weeks at a time. Some were robbed of money and then let go. Others were held in specially-constructed dungeons for as long as half a year before they were allowed to see the light of day again.

There has been little notice of this massive wave of violence against women in the malestream media, and little outcry, even though this same gang is still active, and is on track to abduct a similar number of women this year. Part of the reason for the neglect of this story is the fact that the 1,583 women were women in prostitution, or suspected of being in prostitution and all too many people (by which I mainly mean men, and by which I mainly mean pols, lawyers and cops) figure that assaults and disappearances are just business as usual for women in the sex trade, something that can be stamped N.H.I. and shrugged off with a blink.

The other part of the reason is that the street gang’s colors are blue, and they all carry badges, and they call these abductions arrests, the imprisonment pretrial detention or a sentence, and, even though the women they target and grab off the street through force or intimidation are just doing a job for willing customers, and threatening or attacking exactly no-one, these gangsters can count on the biggest racket of all — the protection racket known as the State — to get their back, to claim their violence is justified because it is carried out under color of The Law (as if that were somehow immune to question or challenge), and to put out well-paid mouthpieces who will insist, with a completely straight face, that when women in prostitution are being forcibly hauled off, arrested, cited, fined, jailed, and generally subjected to an attempt to forcibly destroy their livelihood, the people (mostly men) who are doing all this are actually doing it for the women’s own good.

In fact these rationalizations are no better than — really, no different from — the rationalizations that every abusive man in the world uses to pass off their controlling behavior and violence against their women as if they were expressions of love. The male-dominated State is nothing more than an abusive sociopath writ large — one that can attack women by the thousands or by the millions, and one with armies and dungeons and trillions of dollars at its disposal.

As I said last December 17th:

Any serious commitment to freedom for, and an end to violence against, women, means a serious commitment to ending violence against women who work in the sex industry. All of it. Immediately. Now and forever.

And that means any kind of violence, whether rape, or assault, or robbery, or abduction, or confinement against her will, or murder. No matter who does it. Even if it is done by a john who imagines that paying for sex means he owns a woman’s body. Even it is done by a cop or a prosecutor who calls the violence of an assault, restraint, and involuntary confinement an arrest or a sentence under the color of The Law. The Law has no more right to hurt or shove around a woman than anyone else does.

GT 2007-12-17: December 17th is the International Day to End Violence Against Sex Workers

This November, eligible voters in San Francisco have an opportunity to call for peace on this front of the city government’s war against women:

San Francisco would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K, a measure that forbids local authorities from investigating, arresting or prosecuting anyone for selling sex.

The ballot question technically would not legalize prostitution, since state law still prohibits it, but the measure would eliminate the power of local law enforcement officials to go after prostitutes.

Proponents say the measure will free up $11 million the police spend each year arresting prostitutes and allow them to form collectives.

It will allow workers to organize for our rights and for our safety, said Patricia West, 22, who said she has been selling sex for about a year by placing ads on the Internet. She moved to San Francisco in May from Texas to work on Proposition K.

Even in tolerant San Francisco, where the sadomasochism fair draws thousands of tourists and a pornographic video company is housed in a former armory, the measure faces an uphill battle, with much of the political establishment opposing it.

Some form of prostitution is legal in two states. Brothels are allowed in rural counties in Nevada. And Rhode Island permits the sale of sex behind closed doors between consenting adults, but it prohibits street prostitution and brothels.

[…]

Police made 1,583 prostitution arrests in 2007 and expect to make a similar number this year. But the district attorney’s office says most defendants are fined, placed in diversion programs or both. Fewer than 5 percent get prosecuted for solicitation, which is a misdemeanor punishable by up to six months in jail.

Proposition K has been endorsed by the local Democratic Party. But the mayor, the district attorney, the police department and much of the business community oppose the idea. They contend that it would increase street prostitution, allow pimps the run of neighborhoods and hamper the fight against sex trafficking, which would remain illegal because it involves forcing people into the sex trade.

[…]

If the proposal passes, we wouldn’t be able to investigate prostitution, and it’s going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise, said Capt. Al Pardini, head of the police department’s vice unit. It’s pretty rare that we get a call that says, I’m a victim of human trafficking or I suspect human trafficking in my neighborhood.

Associated Press, CNN (2008-10-21): San Francisco may become safe for prostitutes

While I certainly agree that coerced sex trafficking is an evil that needs to be seriously addressed, government officials and government cops like Captain Al Pardini, who claim to be concerned about the welfare of women forced into prostitution, refuse to talk about ways to address the systemic issues that stop trafficked women from being able to come forward and speak out or seek help about what’s been done to them (like, the State’s violence against undocumented immigrants and the threat of deportation; like, the police’s refusal to take women in prostitution seriously or treat them like human beings), and instead they apparently feel perfectly comfortable insisting that their difficulties in investigating sexual slavery somehow justify laws that grant police the power to force any woman suspected of being in prostitution off the street and into police detention, under police scrutiny, to imprison her, to force her to pay punitive fines, to conduct arbitrary police raids to go on fishing expeditions for trafficked women (e.g., at Asian massage parlors) based on nothing other than racial profiling, and so forth, and so on, all in the name of facilitating the police’s attempts to investigate a different crime that affects some subset of the women being rousted up, shoved around, arrested, questioned, fined, imprisoned, and so on, and all in order to be able to force trafficked women into the protection of the criminal law, with or without their consent. This amounts to nothing more than an argument for ensuring that the State maintains and exercises plenary police state powers over all women suspected of being sex workers, for no reason other than the alleged necessity of protecting some women in the sex industry from violence, while ignoring the many crimes that women in prostitution are never able to report to the police for fear of being arrested, and while ignoring the immense violence against all women in the sex industry that is committed by cops themselves, as part and parcel of this policy of arrest and detention. Nobody would ever accept this argument if it were directed against a class of people whose basic human rights malestream society is more accustomed to granting. (E.g., We need to be able to investigate the enslavement of migrant farmworkers; let’s outlaw farming! We need to be able to investigate medical malpractice; let’s give the cops the power to arrest any doctor and charge them with a misdemeanor!) It is only when it comes to people who powerful men regard as official non-persons that these kind of arguments get made — whether they are made against the safety and freedom of women in prostitution, or against the safety and freedom of immigrants without government papers or unauthorized drug dealers, in parallel arguments for government border laws and drug prohibition. That’s despicable, and it’s baffling to reason. If you have the chance, I’d strongly encourage you to vote Yes on Prop. K, and No on police state tactics and government violence against women.

I should say that, while I’ve given up completely on electoral politics as a primary vehicle for political change, measures like Prop. K — or Question 1 and Question 2 in Massachusetts, or State Question 2 in Nevada — are a good demonstration of why, if you’re going to put in for electoral politics, voter initiatives and direct votes on referendum questions offer a much better vehicle for doing it than throwing in for the personal political prospects of some favored (or least-worst) candidate for the elective oligarchy that is so fatuously described as our democracy. Proposition K will have a hard time passing — a similar initiative was defeated in Berkeley recently by a 2-to-1 margin — but the mere fact that completely decriminalizing prostitution in a major U.S. city has entered into the political debate, that it is being considered for passage (or. mutatis mutandis, repealing the income tax in one of the highest-tax states in the U.S., or decriminalizing possession of small amounts of marijuana, or banning all eminent domain seizures for transfer to private developers in a state with one of the most intensely state-capitalist economies in the U.S.) is an achievement in itself, compared to the way in which representative politics completely smothers all serious politics, by choking off any and all political issues outside of the established bipartisan government consensus on the acceptable range of debate. Voting libertarians take note: if you’re going to spend your time on this stuff, there’s not much hope for making a difference this way, but there’s some, and that’s better than I can say for personality politics and representative elective oligarchy.

See also:

Cops are here to protect you. (#5)

Tuesday, May 20th, 2008

Government cops protect you by roughing up a suspect woman and breaking her arm, then by making up demonstrably false excuses about how she must have been drunk, and besides which, she might have yelled at them and struggled when a cop tried to grab her. I mean, she was a preschool teacher and he only had about 150 pounds or so on her; what else could he do?

But, before we go any further, let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, aren’t invited, and have no business being; they deliberately escalate confrontations in order to stay in control through superior belligerence; they commonly use force to end an argument and then blame it on their victim; and they invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal. Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions by as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force. And they can always count on their fellow cops to make up, and the mainstream newsmedia to dutifully repeat, absolutely any lie at all, no matter how implausible, and a chorus of city officials and freelance sado-fascist bully boys to get their backs and smear the victim in every media outlet that they can befoul. The practical consequence of the training cops get, and the institutional culture of impunity within which they operate, are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously regard their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using pain or arrest in order to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

Thus, for example, consider the case of Kelly Medora and Officer Christopher Damonte. Officer Christopher Damonte found it appropriate to pull Ms. Medora and her friend aside over jaywalking, to scream at them, grab them, and then, when Ms. Medora asked for his name and said he was acting improperly, called in his posse to surround them, then grabbed her arm and wrenched it behind her back, breaking the bone with an audible crack.

Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun.

Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for jaywalking, twisted her arm behind her back and broke it with an audible crack.

[…]

Damonte grabbed her friend’s arm, held it up by her face and demanded she tell him her age, Medora said. Damonte said he would cite her, but didn’t say why.

Medora saw the name R. Fitzpatrick on Damonte’s jacket — he had borrowed it from another officer — and asked if that was his name. This seemed to set him off, she said. He said yes and demanded why she wanted to know. I don’t believe you’re treating my friend appropriately, she replied, court records show. You haven’t told us what we’re being cited for. Please let go of her arm.

Medora said Damonte started to scream at her. Fearful, she said she turned and walked up to another officer and complained about Damonte.

By her account, Damonte then demanded Medora’s driver’s license. Medora said she’d give him her license if he told her what she did.

Instead, Damonte said detain her, by this account, and he and two other officers surrounded her. She said she did not resist them, but merely clutched her purse. Then Damonte grabbed her right arm.

It all happened very quick, she testified. Like he physically took my arm and twisted it up back by my neck to a point where I was completely immobilized. And I said ow, ow. And he pulled even harder, and he snapped it.

There was an audible pop, according to a police report.

Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

The violence against women and the hypermasculine domineering control-freak behavior aren’t the only things that this uniformed thug has in common with a walking, talking stereotype of a wife batterer. For example, there’s the self-pitying lies, and the retaliation, and the bizarre victim-blaming excuses.

The city’s lawyer said in court papers that Damonte used an approved method of holding her arm, but she struggled. Then in an effort to escape, she squatted down and broke her own arm.

Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Let me just pause to say that I wish I could say that I never expected to see another excuse from a violent cop that’s as contemptible and ridiculous as She fell. But honestly, there is no excuse so contemptible and ridiculous that I would be surprised, at this point, to hear it from cops and their defenders. She broke her own arm included. Maybe next week a cop can explain that his victim wasn’t beaten; she just ran into a door.

Medora cried out in pain. Police called an ambulance and cited her for jaywalking.

At Kaiser Hospital, she was treated for a spiral fracture to her right humerus. Medical records state she was not intoxicated.

Medora said she phoned police from Kaiser to file a misconduct complaint, but no one responded.

Instead, an officer delivered a new citation for resisting, delaying and assaulting an officer. The charges were later dismissed.

Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

So, according to Officer Christopher Damonte, Medora assaulted him. By breaking her own arm.

If you’re baffled as to how violent pigs could feel free to indulge in this kind of outrage, and why it keeps happening over, and over, and over again in so many different cities, on so many different police forces, even in these days when brutality like this can no longer be kept in the back of the paddy-wagon, and are easily documented, commonly exposed and widely discussed in newspapers, local TV, on YouTube, on blogs, well, here’s why:

Although Damonte and the city denied wrongdoing, the city recently mailed Medora a check for $235,000, the largest amount ever to settle a lawsuit claiming San Francisco police used excessive force not involving a weapon.

The Office of Citizen Complaints, meanwhile, has found that Damonte used excessive force in the incident and that another officer failed to investigate Medora’s complaint. Damonte faces a disciplinary hearing at the Police Commission and potential punishment including dismissal.

Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Cops don’t have to give much of a damn about being exposed, because even when they are exposed, cops almost never face any kind of personal consequences whatsoever for their actions, no matter how violent, no matter how widely known, and no matter how obviously helpless, harmless, or innocent their victim. Officer Christopher Damonte, an aggressive, domineering control freak of a man, who flies into violent rages over ridiculous non-crimes and broke a woman’s arms over the slightest questioning of his conduct, will never face any legal consequences for his actions; at the worst, he faces potential administrative discipline from fellow cops, which amounts to either a paid vacation and a verbal reprimand, or else, if they’re really ready to throw you to the wolves, losing your job. If you or I ran up to a woman, a complete stranger, and got in her face about jaywalking, grabbed her, shoved her around, and then, after she dared to ask for a name and object to her treatment, called in our posse to surround her, and grabbed her and broke her arm, we wouldn’t get fired; we’d be in jail, and we’d also be on the hook to pay her money as damages for her injuries and for her pain and suffering. Officer Christopher Damonte, however, has the Gangsters in Blue and the city government of San Francisco to get his back, so instead of him paying damages, the city government will pay it out for him. And then — dedicated public servants that they are — they will turn right around and send the bill for Officer Christopher Damonte’s brutality to a bunch of innocent San Francisco taxpayers, who will be forced to pay for what he did, even though they had absolutely nothing to do with it.

The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors. Why should they, when there is nobody to check their abuses and when they can always force you to cover the bill for their own fuck-ups?

Support your local CopWatch.

(Story via Mike Gogulski @ nostate.com 2008-05-11 and Five Before Midnight 2008-05-12.)

See also:

San Francisco taxpayers billed $235,000 for aggro cop

Sunday, May 11th, 2008
From the San Francisco Chronicle: S.F. settles excessive force suit for $235,000 Sunday, May 11, 2008 Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun. Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for jaywalking, [...]

Professional courtesy

Wednesday, April 16th, 2008

(Boing Boing 2008-04-07, via Roderick Long 2008-04-08.)

It’s 1:45 p.m. on a Wednesday in February and a Toyota Camry is driving west on the 91 Express Lanes, for free, for the 470th time.

The electronic transponder on the dashboard – used to bill tollway users – is inactive. The Camry’s owners, airport traffic officer Rudolph Duplessis and his wife, Loretta, have never had a toll road account, officials say.

They’ve never received a violation notice in the mail, either. Their car is registered as part of a state program which hides their home address on Department of Motor Vehicles records. The agency that operates the tollway does not have legal access to their address.

Their Toyota is one of 996,716 vehicles registered to motorists who are affiliated with 1,800 state and local agencies and who are allowed to shield their addresses under the Confidential Records Program.

An Orange County Register investigation has found that the program, designed 30 years ago to protect police from criminals, has been expanded to cover hundreds of thousands of public employees — from police dispatchers to museum guards — who face little threat from the public. Their spouses and children can get the plates, too.

This has happened despite warnings from state officials that the safeguard is no longer needed because updated laws have made all DMV information confidential to the public.

The Register found that the confidential plate program shields these motorists in ways most of us can only dream about:

  • Vehicles with protected license plates can run through dozens of intersections controlled by red light cameras and breeze along the 91 toll lanes with impunity.

  • Parking citations issued to vehicles with protected plates are often dismissed because the process necessary to pierce the shield is too cumbersome.

  • Some patrol officers let drivers with protected plates off with a warning because the plates signal that the drivers are one of their own or related to someone who is.

Exactly how many people are taking advantage of their protected plates is impossible to calculate. Like the Orange County Transportation Authority, which operates the tollway, many agencies have automated processes and have never focused on what happens to confidential plate holders. Sometimes police take note of the plate and don’t write a ticket at all.

I would highly doubt that anybody is registering their vehicles on a confidential basis to do anything but protect themselves, Garden Grove Police Capt. Mike Handfield said. I just don’t think people are thinking they’re getting away with anything…. Is the value of having a confidential plate and protecting the law enforcement community from people who might hurt them, is that worth that risk? I believe it is.

The Register asked the DMV for a list of the number of motorists participating in the program and the agencies they claim as an employer. But the DMV refused to provide those records unless The Register paid $8,442, which officials said was the cost of extracting the list from its database.

Some police officers confess that when they pull over someone with a confidential license plate they’re more likely to let them off with a warning. In most cases, one said, if an officer realizes a motorist has a confidential plate, the car won’t be pulled over at all.

It’s an unwritten rule that we would extend professional courtesy, said Ron Smith, a retired Los Angeles Police Department officer who worked patrol for 23 years. Nine out of 10 times I would.

California Highway Patrol officer Jennifer Hink put it a little differently. It’s officer discretion … (But) just because you have confidential plates doesn’t mean you’re going to get out of a citation.

Many police departments that run red light camera programs systematically dismiss citations issued to confidential plates.

It’s a courtesy, law enforcement to law enforcement, San Francisco Police Sgt. Tom Lee said. We let it go.

Jennifer Muir, Orange County Register (2008-04-04): Special license plates shield officials from traffic tickets

The term professional courtesy comes from the traditions of medicine: many doctors will not charge money when they treat another doctor’s immediate family. When doctors talk about professional courtesy they are talking about a very old system of mutual aid in which one doctor agrees to do a favor for another, at her own expense, for the sake of collegiality, out of concern for professional ethics (to offer doctors an alternative to having their own family as patients), and because she can count on getting similar services in return should she ever need them.

But when the Gangsters in Blue start talking about professional courtesy, they’re talking about something quite different: a favor done for a fellow gang member at no personal expense, with the bill sent to unwilling taxpayers who must pick up the tab for the roads and parking; and a favor done in order insulate the gangsters and their immediate family from any kind of ethical accountability to the unwilling victims that they sanctimoniously insist on serving and protecting. Professional courtesy in medicine means reciprocity in co-operative mutual aid in healing sick people; professional courtesy in government policing means reciprocity in a conspiracy to make sure that any cop can do just about anything she wants by way of free-riding, disruptive, dangerous or criminal treatment of innocent third parties, with complete impunity, and the rest of us will get the bill for it and a fuck you, civilian if we don’t like it.

To be sure, letting a traffic ticket slide is, in the grand scheme of things, a pretty small thing. But it’s a small thing that is intimately connected with bigger things—with a pervasive, institutionalized system with consequences that are as terrible as they are inevitable and predictable.