*There is, unfortunately, no possible way for me to convey just how amusing the proceedings actually were. The humor was just too situational and I can’t seem to bring that into my writing. Just understand that we were all in an excellent mood and recognized just how ridiculous the entire situation was, which led to a lot of laughter throughout the entire time we were there.*
Well-rested and on time, I left the house to 50 degree weather. “Nice day for a court date” , I thought to myself. I left plenty of time to get a cup of coffee and take the bus over and arrived at the courthouse a few minutes early.
There was an assembly of everyone in front of the courthouse and one of the lawyers was explaining what we all could expect – how long it would take, what the end result would be. I didn’t know it at the time, but he gave us the exact script that we would hear over and over again. They took a roll call, and while we were missing a good number of people, we still had quite a mob. this time, I had remembered to bring my cards with me, so I was able to share contact information with the people I felt a connection with.
I was dressed as I generally do, professional with a bit of fun in it. I was surprised by the sheer number of people wearing ripped jeans, scrubby t-shirts or otherwise not dressed for court. Fewer than half of our group was dressed (in my opinion) “for court”, and more than a few of them commented that “I should have dressed better…” Let me be clear, though, it wasn’t just the jeans that felt underdressed, it was the ripped, dirty jeans. It was the complete lack of effort put forth. I overheard a few people talking about how they had forgotten about court and almost didn’t make it (on time). I don’t understand how this happens. You make a conscious decision to get arrested and then forget that you did? I’m not sure what that was about.
Around 9:30, we started filing into the court house. There was one open door and a single metal detector. And 56 of us. It took a while, but the security guards were patient and friendly. Once through the machines, we filed into the large courtroom, where we found it to be standing room only. However, the problem was the signs posted around the room that read “NO STANDING INSIDE THE COURTROOM”, and it was enforced. The judge asked the room to scootch together, but there were simply not enough seats. Several people were told to wait in the hall.
The early cases were largely amusing. I’ve only been to this courthouse once before, but I remember thinking then that I could spend an entire day, just listening to the silliness that ensues when some of these people appear before the judge. This judge was a lot of fun to watch, too. He has an excellent sense of humor (and sense of the absurd).
One of our guys was called up, then told to sit back down, then called up again, then told to sit, then one more time, called up and told to sit back down. This was someone I felt I had connected with (and had passed my contact info to) and I felt bad for him. He’s just a regular guy (much like me and a few others I connected with), and for him to be the one up and down and up and down wasn’t as funny as I would have found it had it been someone else. The problem was that there were so many of us arrested with OA that they wanted to bundle us together, and just take us in the order we appeared in the pile (which was not the order in which we were arrested).
They called us up one or two at a time. Both our attorneys and the ADA appeared to be working off of a script, speaking the exact same words each time. Our attorneys cycled, presumably so no one lawyer had to fill out the dismissal paperwork on the other side of things. The ADA spoke faster and faster with each new person, since the words were exactly the same – not prosecuting us because there were no allegations of violence nor any property damage.
Two hours in, the room was chastised by one of the guards for being too loud and interrupting the recording. The response that garnered the best reaction was “Tell the judge to stop telling jokes, then.” There were posted handwritten signs around reading “No TALKING in the courtroom”, but with that many people knowing that the entire show is really just a game, that wasn’t going to happen. We tried to be reasonable, but there was no way we were going to be silent.
At 41 people down, the judge asked if there were any other OA folks who had not yet been called up. 10-15 hands shot up. “Only those whose name I haven’t called…” and all the hands stayed up. A handful of those people were not Occupiers, but people waiting for their own, unrelated, appearance, who misunderstood the question. We were asked to present our appearance tickets, but then they found a second pile of files for the rest of us.
All told, it took about as long to go through the court process as it did to get arrested in the first place. The final occupier was dismissed at just about noon – three hours later. Those who stayed for the full time were given some information about “where do we go from here” and what the possible consequences were.
I came away from it feeling like Cuomo had seriously wasted a huge amount of taxpayer dollars, gumming up the local justice system in trying to make a point that he’s bigger than us. I do put that entirely on Cuomo. However, at this point, I feel that getting arrested for the same issue would put that responsibility on me. Additional arrests, at this point, no longer make a statement, and only serve to put us in the position of wasting those taxpayer dollars. There was no excuse to clear the park across the imaginary line, and I still feel it is an infringement on the right to peaceably assemble, but continuing to force the issue doesn’t make Cuomo look any worse, it actually makes him look like someone who “sticks to his guns”, which is often a political positive.
So I won’t be seeking out arrest again. Certainly not in the same place for the same issue. However, having gone through the process, I would do it again for another cause I feel passionately about.
And I am sure that there will be more causes to stand up for. From what I hear, this is far from over.