Port of Tacoma: Eleven Days of Resistance

author : Wally Cuddeford topic : police misconduct | Port Militarization Resistance | Port of Tacoma | TASER use

by Wally Cuddeford

The 4th Brigade, 2nd Infantry Division, a Stryker unit based out of Fort Lewis, was originally set to deploy in May of this year.1 However, George Bush's "Surge" strategy moved their deployment date up two months. [1] Because of this, the unit had to skip crucial desert training at Fort Irwin in California, and train only here at Fort Lewis. [2]

The Stryker vehicles must be sent to Iraq several weeks ahead of the soldiers in the unit. [3] Convoys of Strykers ran from Fort Lewis to the Port of Tacoma every night from Friday, March 2, until Thursday, March 8. [4] These vehicles were eventually loaded onto the USNS Soderman, bound for Iraq. [5]

The use of the Port of Tacoma was a departure from precedent. [3] The last Stryker unit to deploy used the Port of Olympia as its staging area. [3] That shipment was met with 10 days of protests last May, and an announcement that further shipments through the port would be met with further protests. [3, 6] An Army spokesperson claims to not know why the change to Tacoma was made. [7]

Rallies to protest the shipments were held every night at 9pm, along with many during the day. [8] Locations for rallies included the Federal Courthouse in downtown Tacoma, the nearby ICE Detention Center, and on a nearby freeway overpass. [9, 10] Most of the early rallies gathered on a strip of sidewalk across the street from the fenced-off lot where the Strykers were being massed. [11]

Most demonstrations at the port itself were met with heavy police presence. Just before any convoy approached to enter the fenced-off lot, the gate opened and a squad of around 30 riot police came out to block in protesters to prevent any street barricades. [12] The police, arranged in two rows in the middle of the street, were equipped with batons, rifles, and other weapons. [13] Witnesses say police pointed shotguns and tasers at unarmed protesters. [13, 14] Nearly all officers wore body armor, and several wore face masks. [13, 15, 16] Reports indicate the police occasionally even outnumbered the protesters, putting the police count as high as 250. [17, 18]

Chronology of events

After weeks of organizing and speculating, convoys of Strykers were sighted on Interstate 5 on the evening of Friday, March 2. [4, 19]

A preliminary report which aired on Free Radio Olympia falsely reported the convoys were headed for Olympia. [4, 20] The origin of this error is unknown. Dozens of people converged on the Port of Olympia that night, only to later discover the convoys went to the Port of Tacoma. [4, 13]

On the afternoon of Saturday, March 3, demonstrations began outside the Port of Tacoma with about 30-40 attendees. [12] The police began issuing their orders that afternoon. [21] Police informed protesters they were not to cross the fog line on their side of the road, or else they would risk arrest. [22] The fog line was an arbitrary limit set by the police on the scene. Major media personnel were allowed to cross the fog line without arrest. [16, 22]

Police also gave many conflicting reports on whether it was legal for protesters to film on port grounds. [21, 23] Police told one group of protesters that filming was illegal, and that they had to give their names to them to pass on to Homeland Security.21 These protesters complied. [21] Other police later told Drew Hendricks, as he filmed, that he had to turn off his camera. [23] Hendricks asked several times for a reference to exactly what law said he couldn't film, and the police could not provide one. [23] Eventually, a Lieutenant from the Tacoma P.D. arrived and agreed that Hendricks had the right to film from any place where he was allowed to stand. [23]

On the night of Sunday, March 4, police escalated in response to the ongoing protest. [24] Police assaulted and arrested PMR organizer Caitlin Esworthy. [25] According to witnesses, she had not been violent, and had not crossed the fog line. [13] Police claim she pushed through a police line and tried to grab an officer. [7] Moments later, police assaulted, detained, and later arrested U.S. Navy veteran Wally Cuddeford. [26] Witnesses report that he too was not violent and had not crossed the fog line. [13] Police claim he charged their line and struggled with police. [7] While subdued and rendered immoble by police, Cuddeford was shocked with a Taser, a "less-than-lethal" electric weapon, three times in the back. [9] An hour later, Jeff Berryhill was shot in the thigh with a rubber bullet at point blank range. [13] Witnesses report he also was non-violent and had not crossed the fog line. [13] Police claim Berryhill charged them in a threatening manner. [7] All three were arrested for third degree assault. [27] Friends of the arrested paid $1000 non-refundable bond each to get them released.[28] The charges of assault were all dropped by the county, but can be filed later by the city. [28, 29]

Just after police had fired on Berryhill, PMR organizer Drew Hendricks placed the offending officer under citizen's arrest. [23] In Washington State, anyone can place anyone else under citizen's arrest if they witness a felony on sight. [30] One is guilty of resisting arrest if one refuses to comply with a citizen's arrest. [30] The officer did not comply with Hendricks' citizen's arrest. [23] Hendricks followed this up with a call to 911. [25] Hendricks recalls that the 911 operator was very interested in the report that somebody was shot in the street, until discovering it was a police officer firing on a protester, at which point the operator hung up on Hendricks. [23, 25]

The rally on the night of Monday, March 5, drew around 60 people. [17] Shortly before Midnight, legal observer Karen Weill was summarily arrested for crossing the fog line. [9] She had been trailing police officers who were illegally videotaping the demonstrators. [31] Charges against her were originally not filed, and then a week later were filed without warning. [32]

On the afternoon of Tuesday, March 6, University of Puget Sound student Joseph La Sac was confronted by police while filming near the protest site. [33] La Sac was away from the protest at this time. [34] The police told him he had to turn off his camera, and even tried to illegally turn it off themselves. [33] At one point, the officer threatened to break the camera if La Sac did not turn it off. [33] La Sac was handcuffed and placed in the back of a police car for not cooperating, but eventually he was released with no charges. [34] The Tacoma Police Department has begun an internal investigation into the incident. [34]

Later that evening, previous arrestee Cuddeford gave a speech during the public comments portion of the regular Tacoma City Council meeting. [35] Cuddeford's speech condemned the Tacoma Police Department, and accused the Tacoma City Council of being complicit in the crimes of its police. [35] After two and a half minutes, the Deputy Mayor ordered Cuddeford to cease his speech, and subsequently ordered his arrest. [9] Police handcuffed Cuddeford and dragged him out of the council chambers. [36, 37] The reason given for the arrest is that Cuddeford went over in his allowed time. [38] However, other people were allowed to speak for longer in the same meeting. [38]

Cuddeford had referenced the scandal involving Tacoma Police Chief David Brame's suicide and murder of his wife, following a history of domestic abuse. Other citizens have also been silenced at City Council meetings for invoking David Brame's name. [39] The charges of Obstructing a Public Servant and Criminal Trespass were never filed.

Wednesday morning, an anonymous opponent to the protests impersonated PMR organizer Drew Hendricks and posted onto Seattle IndyMedia a notice of cancellation of all upcoming Tacoma events. [40] Corrections to this notice were widely posted by PMR organizers. [41] It is unknown who posted the original message. The tactics are similar to those used by the government to diffuse social movements in the past. [42]

On Wednesday night, police threatened to arrest any demonstrator who would display any banner or sign. [22] Demonstrators put away their signs and banners, and no arrests were made. [22] Police on Wednesday also issued an order that no backpacks would be allowed near the police line or the Stryker lot. [22] A Ninth Circuit ruling has already declared such a ban illegal. [43]

On the evening of Friday, March 9, PMR organizer Tom McCarthy challenged the no-backpack rule, and was arrested. [43] His backpack, full of food and medical supplies, was confiscated, even as at least two lawyers on scene informed the police of the Ninth Circuit precedent. [44, 45] Other people, who were designated street medics, were also denied access to the protest Friday night with their backpacks full of medical supplies. [46]

Friday night, soldiers began loading the Stryker vehicles onto the USNS Soderman, which had just arrived. [47] Witnesses report a unit of around 70 more riot police were brought in to add to the police already present. [43] A handful of demonstrators shook a fence in the area. [43] Police shot rubber bullets and pepper spray at them. [48, 49] Police assaulted other protesters nearby with batons as they chanted "Shame on you!" [50] Following this, the larger crowd of demonstrators, numbering around 200, began a march around the block. [43, 48] The march was escorted by two police cars. [43] During the march, some demonstrators kicked over sawhorse signs which read "No parking" along the side of the road. [51] Eventually, demonstrators crossed a yellow police line and sat down in a street, chanting "Give Peace a Chance." [43, 52] The police gave an order to disperse, without saying where and without giving a time frame. [52, 53] Without provocation, police began firing tear gas cannisters and rubber bullets into the crowd of protesters. [52, 54, 55] One photographer reports being hit in the head with a rubber bullet at very close range as he took pictures of the scene. [56] Two other people were struck with wooden clubs, and at least five others were fired upon at point blank range. [36, 57] Police followed protesters as they ran to their cars, continuing to fire tear gas at them. [53] Witnesses say the police used the tear gas cannisters as artillery to physically hit people with, firing them directly at demonstrators and their cars. [53]

During the conflagration, an anonymous truck driver drove his oil truck through the protest and stopped it in between the charging police and the protesters. [57] Police reportedly continued firing tear gas cannisters, even in the vicinity of the oil truck. [51] It is still unclear who the truck driver was, and what happened to him or her. [57]

As police continued to overtake demonstrators, many were intimidated into consenting to unwanted searches of their person. [53] Street medics treated dozens of people for tear gas inhalation, and treated dozens more for wounds received from rubber bullets. [58] One demonstrator was arrested for obstruction, and another for third-degree assault. [48] After a standoff between demonstrators and police, the police allowed owners of cars to return, five at a time, to retrieve their vehicles. [57]

Late Saturday night, demonstration participant Margo Newman was placed under arrest while she was driving her car on Port of Tacoma grounds. [59] The police reported that she was arrested for refusing to stop when ordered. [60] However, Newman's lawyer, Larry Hildes, reports that she was arrested upon refusing to consent to a search of her car. [59] Tacoma police had attained no search warrant. [59]

On the afternoon of Sunday, March 11, 60-100 demonstrators participated in a planned civil disobedience action at the intersection of 11th and Thorne. [60, 61, 62] 11th and Thorne was the closest public location to the Soderman, and was right next to the route the Strykers used as they were loaded onto the ship. [63] The action was coordinated with police. [60] First, people brought backpacks into an area where they were declared prohibited. [63] The contents of the backpacks varied, with some containing copies of the U.S. Constitution, religious texts, and even a teddy bear. [59, 60] 8 people were arrested for violating the no-backpack order. [63] Participants without backpacks then proceeded to the police barricade, where preparations were made to arrange an act of coordinated civil disobedience. [63] Police originally wanted to bring in regular-uniformed police to do the arresting, but the police in riot gear were still the only ones on scene when the act began. [64] Fifteen people climbed over the police barricade and were subsequently arrested. [63]

Those who crossed the fence carried a citizen's injunction, ordering that the Stryker shipments through the Port of Tacoma stop. [65] Olympia City Council member TJ Johnson was among those arrested. [66] Witnesses also recall hearing the Tacoma Police Officer coordinating the policing of the event tell demonstrators he's ready for them to cross the fence, an invitation which may invalidate the arrests. [23]

Following the arrests, other participants gave speeches regarding civic duty to disobey unlawful orders, and questioning the police's actions in guarding the shipments. [67] Charges against twelve of the twenty-three arrested demonstrators were dropped. [59] The remaining eleven still face charges. [59]

The night of Monday, March 12, brought between 75 and 100 people to the protest. [68] The crowd marched from the intersection of Lincoln and Milwaukee up to the police barricade at 11th and Thorne. [58, 69] A rally was held there for a couple hours, with Iraq veterans speaking. [58, 69] Two rows of police, with full armaments and riot gear, stood behind the barricades during the entire rally. [70] Three snipers armed with rifles stood on a nearby roof. [58, 70] Detective Graham referred to the rally as "peaceful." [69]

When that rally dispersed, the crowd eventually returned to Lincoln and Milwaukee. [58] At this location, another rally was held. [58] Riot police, many of whom were already wearing gas masks, held a line on the north side of Milwaukee Street, operating bright fog lights in the direction of the demonstrators. [58, 70] Several demonstrators stood across from the police, some talking to them. [58, 71]

After around 20 minutes, without provocation, police began firing tear gas into the crowd. [72, 73, 74] Police ran after the crowd, continuing to fire tear gas and continuing to push demonstrators farther and farther down Milwaukee Street. [73] Five people were overtaken by police. [69] They were arrested on suspicion of criminal obstruction. [69] After an hour, demonstrators were pushed to the farthest edge of the Port of Tacoma. [23] Demonstrators had to negotiate for the right to return to and retrieve their cars. [23] Police eventually allowed demonstrators to return in groups of two, separated by 20 feet, and not carrying any protest signs. [23] The charges against the five arrestees were dropped. [36]

The USNS Soderman left for Iraq on the morning of Tuesday, March 13. [1] PMR organizers agreed to carry on with demonstrations already planned through Thursday afternoon. [1] Another vigil was held Wednesday evening at the port. [1] The final demonstration, held on Thursday Afternoon, consisted of a funeral march down 11th Avenue. [75] A coffin was carried, and names of people who have died in the war were read.

Additional items of interest

On KING 5 News, Tacoma Police Detective Brad Graham told viewers that demonstrators threw barricades at police. [76] A few days later, Graham was interviewed by two independent journalists. [76] Graham admitted on tape that, despite reporting as to what allegedly happened on Friday night, he was not on the scene and had not yet read any officers' reports about the incident. [76] Graham's response to the video that shows no barricades were thrown at police prior to the tear gas was as follows: "That's the beauty of being a videographer. You get to show what you want to show, and not what you don't." [36]

Early reports of the first Cuddeford arrest did not indicate the tasing, in part because witnesses in the demonstration did not know it had happened. [25] Early police reports indicated a cut knee was the major injury Cuddeford suffered. [17] The police did not admit to the tasing until after it was reported by activists upon Cuddeford's release.

Police frequently filmed peaceful demonstrators. [11, 22] In other cities, it has been found to be illegal for an on-duty police officer to film anyone unless the recorded person is committing a crime, or there is reasonable cause to believe that person will very soon commit one. [77] On other occasions, police ordered demonstrators to remove banners from public venues. [78] Police pointed potentially lethal weapons at lawful demonstrators at point blank range, even after being asked to point them at the ground. [25] Police also frequently refused to identify themselves, sometimes on camera. [15] Street medic and PMR organizer Rachel Graham reported that many police officers appeared "inexperienced and poorly trained." [13]

Despite the focus on instances of police brutality, the protests were not all tense. [58] On a couple occasions, demonstrators did the Hokey Pokey, cheating their way across the fog line. [11] Also, not all rallies were met with police brutality. [9, 10] In most cases, there is a considerable link between police brutality and lack of daylight. [79] There are also observations that police brutality diminished in the presence of major media representatives. [13]

Despite the repeated brutality, participants report that many demonstrators who suffered the attacks continued to attend the rallies on subsequent nights. [67, 70]

The riot police force during the Tacoma protests consisted of Washington State Patrol, Pierce County Sheriff's officers, King County Sheriff's officers, Seattle Police, and other King County police agencies. [22, 69] Also, extra off-duty Tacoma police were hired to help protect the shipments. [17] The burden for paying for this increased security currently lies on the communities whose ports are used to ship the equipment. [80] Reports say the Tacoma Police Department will seek reimbursement from the federal government, the military, or the Port of Tacoma for the added security provided during the protests. [78] The Port of Tacoma reports that military shipments accounted for 2% of its $92 million revenue in 2006. [17]

Some soldiers gave friendly waves to demonstrators. [81] One soldier wrote "Well, most of my leadership wasn't there but you guys were, so I'll buy you a beer." [82] Alternately, the parent of one member of 4th Brigade 2nd Infantry Division called the demonstrators "spoiled, self centered, obnoxious brats." [83]

In the past, a traffic advisory had been issued to local media prior to Stryker convoys. No such advisory was sent out this time. [84] The convoys also ran at night, instead of during the day. [1]

On occasion, police appeared to respond immediately to group discussions being had by protesters on the scene, indicating possible surveillance. [23]

A total of 37 people were arrested during the two-week long protests at the Port of Tacoma.1 The charges were dropped against over half of the defendants. All 8 people arrested for violating the no-backpack zone, as well as 3 of the 15 barricade-hoppers, are being charged with "failure to obey a flagman," a misdemeanor. [59]

Sources

1."Port of Tacoma anti-war protesters unbowed"

Amy Rolph, Seattle Post-Intelligencer - March 15, 2007

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2."Gearing Up: JRTC Trains 4th Bde., 2nd Inf. Div., for Accelerated Deployment"

Don Kramer - February 27, 2007

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3."War activists plan new round of port protests"

Christian Hill, The Olympian - February 26, 2007

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4."Stryker vehicles coming through port TONIGHT (fri) by 11pm-12am"

"anarchoprimate", OlyBlog - March 2, 2007

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5."Anti-war Protestors Target Supply Units"

Hannity and Colmes - March 8, 2007

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6.Speech to City Council

Carrie Lybecker - June 6, 2006

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7."Fourth arrest in Iraq war protest at Port of Tacoma"

Associated Press; The Olympian - March 6, 2007

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8."Stop the Surge, Keep the 4th Brigade Home"

Port Militarization Resistance - March 8, 2007

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9."War protesters move from Port to downtown, City Hall"

Tacoma Daily Index - March 7, 2007

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10."1pm Tacoma Events Today - Saturday"

"Heidi" - March 10, 2007

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11."Demonstrator Arrested In Port Protest"

KIRO 7 News Seattle - March 6, 2007

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12."Urgent: Port of Tacoma Action Sun 3/4 @ 9pm"

Blaire Fogerty - March 4, 2007

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13."PMR Press Release #4"

Port Militarization Resistance - March 5, 2007

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14."Video of DRT In Action"

Zoltan Grossman - March 5, 2007

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15."Port of Tacoma Protest 3/5/07 What's your badge #?"

"Cakbug", YouTube - March 7, 2007

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16."Photo Gallery - War protest at Port of Tacoma"

Tacoma News Tribune - March 6, 2007

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17."Activists bring war protest to Port of Tacoma"

Tacoma News Tribune - March 6, 2007

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18."Riot in Tacoma on Friday Night"

Ray Kavick - March 11, 2007

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19."Port Militarization Resistance: We must act locally and directly to stop the US Occupation of Iraq"

Molly Gibbs - March 2007

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20.Free Radio Olympia broadcast, March 2, 2007 (Not archived)

21.Discussions with demonstrator Rachel Graham

22."Stryker Deployment Protest Wed. 3-7-07"

March 9, 2007

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23.Discussions with demonstrator Drew Hendricks

24."Tacoma Port Protesters Arrested and Shot With Rubber Bullets"

Larry Mosqueda - March 5, 2007

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25."Anti-War American Shot By Police In Tacoma Washington"

Drew Hendricks - March 15, 2007

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26."Tacoma Peace Activists Stage Blockade of Stryker Vehicles Headed for Iraq"

Democracy Now! - March 9, 2007

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27."Three anti-war protesters arrested at Port of Tacoma"

Associated Press; Seattle Post-Intelligencer - March 5, 2007

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Seattle Examiner - March 5, 2007

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28."Felony Assault Charges Dropped Against Three Demonstrators At the Port of Tacoma"

Port Militarization Resistance - March 7, 2007

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29."Tacoma prosecutors may charge activists"

The Olympian - March 8, 2007

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30."You're Under Arrest!"

Jim Anderson, The Stranger - August 26, 1999

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31."Olympia residents won't be charged in Tacoma protest, prosecutor says"

Christian Hill, The Olympian - March 7, 2007

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32.Discussions with legal observer Karen Weill

33."Film Is Not A Crime"

Joseph La Sac - March 7, 2007

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34."Police investigate run-in with videographer"

Adam Lynn, Tacoma News Tribune - March 9, 2007

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35."Anti-war activist arrested again, this time at city council meeting"

Paul Sand, Tacoma News Tribune - March 6, 2007

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36."Port Militarization Resistance"

Nathan Coe, Guerilla News Network - March 15, 2007

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37."Person Arrested At Tacoma City Council Meeting"

Ray Kavick - March 6, 2007

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38.Tacoma City Council meeting

City of Tacoma - March 6, 2007

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39.Tacoma City Council meeting

City of Tacoma - January 9, 2007

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40."Urgent: Olympia / Tacoma PMR / SDS Event Cancellation Notice"

anonymous - March 7, 2007

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41."Someone impersonating SDS and Drew Hendricks"

Wally Cuddeford - March 7, 2007

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42."COINTELPRO"

Wikipedia - Last updated March 29, 2007

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43."PMR press release"

Port Militarization Resistance - March 10, 2007

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44."More rubbet bullets and gas at Tacoma port protests"

Seattle IndyMedia - March 11, 2007

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45."As Resistance to Stryker Shipment Grows, Police Turn Violent"

Tacoma Port Militarization Resistance - March 10, 2007

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46."Street medics denied access to Tacoma protest"

"143tbone", YouTube - March 10, 2007

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47."Stryker Loading Begins As Hundreds of War Opponents Gather In Tacoma"

Mark Jensen - March 10, 2007

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48."Three arrested at Port of Tacoma during anti-war demonstration"

Associated Press; Seattle Post-Intelligencer - March 10, 2007

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49."Tacoma port protest turns violent"

The Olympian - March 10, 2007

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50."Riot officers assult nonviolent protesters"

"Triprc", YouTube - March 10, 2007

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51.Discussions with an anonymous demonstrator

52."Give Peace A Chance---Tacoma Police Riot"

Joseph La Sac - March 10, 2007

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53.Personal correspondence with demonstrator "Rich McGrew"

54."Port of Tacoma Police Riot -- camera #2"

Joseph La Sac - March 10, 2007

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55."Barricades Were Not Thrown---Full Footage Response To Police"

Joseph La Sac - March 10, 2007

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56.Personal correspondence with demonstrator Greg D'Hemecourt

57."Report Back From Port of Tacoma"

"dangerous gift", Portland IndyMedia - March 10, 2007

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58."Port of Tacoma Rally March 12, '07"

Rob Whitlock - March 12-13 2007

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59."Tacoma 23 Become Tacoma 11, But City Won't Explain Why"

Mark Jensen - March 18, 2007

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60."Protest Speaks Through Arrests"

Paul Sand, Tacoma News Tribune - March 12, 2007

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61."Port Militarization Resistance affinity group seeks supportive presence"

Port Militarization Resistance - March 10, 2007

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62."23 arrested on Sunday March 11th"

Patrick Edelbacher - March 13, 2007

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63."Peaceful Protesters Arrested at the Port Of Tacoma 3-11-07"

"143tbone", YouTube - March 12, 2007

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64.Personal correspondence with TJ Johnson

65."23 Antiwar Protesters Arrested at Port of Tacoma"

Port Militarization Resistance - March 11, 2007

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66."Police arrest protesters"

Venice Buhain, The Olympian - March 12, 2007

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67."Words for the Tacoma Police 3-11-07"

"143tbone", YouTube - March 12, 2007

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68."5 more arrested protesting Iraq war shipments in Tacoma"

Associated Press; Seattle Times - March 13, 2007

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69."Five arrested for refusing to leave during overnight protest at port"

Stacey Mulick, Tacoma News Tribune - March 13, 2007

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70."Hundreds Protest At Port of Tacoma Despite Police Intimidation"

Mark Jensen - March 13, 2007

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71."Thoughts on Riot Culture----Port of Tacoma"

Joseph La Sac - March 13, 2007

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72."Port Of Tacoma 3-12-07 #1"

Rob Richards - March 14, 2007

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73."Port Of Tacoma 3-12-07 #2"

Rob Richards - March 15, 2007

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74."Port Of Tacoma 3-12-07"

Rob Richards - March 15, 2007

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75."Mourn for Iraq at the Port Of Tacoma"

Chiton - March 14, 2007

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76."Tacoma SDS Interviews Tacoma PD"

Joseph La Sac - March 13, 2007

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77."City Disputes Judge's Power to Limit Police Taping"

William Glaberson, New York Times - March 8, 2007

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78."Potential arrest no deterrent for dozens in Tacoma"

Jeremy Pawloski - March 10, 2007

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79."Hundreds At Port of Tacoma Despite Police Intimidation"

Mark Jensen - March 13, 2007

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80."Port may get bill for police presence"

Matt Batcheldor, The Olympian - March 9, 2007

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81.Rob Whitlock photo set

Rob Whitlock - March 4-14, 2007

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82."I Was There"

"K" (Unidentified soldier) - March 3, 2007

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83."Taunting the troops in Tacoma"

Michelle Malkin - March 5, 2007

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84."Tacoma Protest Leads To Arrests"

Christian Hill, The Olympian - March 7, 2007

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If you were the victim of police mishandling, witnessed such mishandling, or know any other pertinent details regarding the Port of Tacoma protests, please e-mail me at ersatzcats@yahoo.com