Tom on the Occupy San Jose legal team sent this out the morning of October 21, 2011:

At 3 am 8 police officers (on overtime?) and 5 police cars arrested and transported to county jail the protestors outside city hall in San Jose.

One person in a wheelchair was cited and released the others were all taken to jail in apparent violation of PC 853.6(i).

More important, all of their belongings were taken by the Police.  Because of cutbacks, the SJPD property room is not open until Tuesday.

IF the individuals taken to the jail are not released today, they will have to stay in custody until at least Monday, and probably Tuesday.  

This was clearly a coordinated, well-thought-out plan. The day was picked (Friday morning) on purpose and the confiscation of the food, money, and tents was no accident.  

Please remember that the city has, on at least two other occasions, allowed people to “occupy” the city plaza area when they have been in agreement with the content of the protestors’ speech. Here, since the city was threatened by the content of the speech, the city has chosen to selectively enforce the ordinance.

The ordinance itself is probably unconstitutional because it does not contain a process for granting a waiver of the fees associated with free-speech rights.

PLEASE DISTRIBUTE THIS MESSAGE. NOTE: THIS IS NOT JUST BEING SENT TO LAWYERS. MEDIA AND OTHER INTERESTED PEOPLE ARE INCLUDED. LAWYERS INTERESTED IN WORKING ON THE CASE, CONTACT ME OR THE OSJ LEGAL TEAM AT MY OFFICE:

Daniel M. Mayfield

Carpenter and Mayfield

Phone (408) 287-1916.  Fax (408) 287-9857