Friday afternoon, University of California, Davis, police pepper-sprayed about a dozen non-violent, passive, seated student protestors who were part of an Occupy Movement protest focused on the skyrocketing costs of their education. The world has seen the video and related photographs of Police Lt. John Pike’s (and other officers) emotionless and cowardly attack on the unarmed seated students who self-immobilized by having their faces tucked into their knees, and their arms locked. This blatant and possibly illegal use of excessive police force — having become all too common and far too accepted — may very well have crossed the line in the minds of the American people, and we need answers.
This morning, after tweeting my disappointment that The New York Times had not covered to my personal satisfaction the events at UC Davis, Brian Stelter — a Times reporter who wrote the only piece the Times has done on the attack —  asked what questions we had, and Patrick LaForge, who is the Editor of News Presentation forwarded the question to me, after we had a short conversation via Twitter about the coverage.
(By the way, I often criticize “the media,” of which I am a part. The Times is one of the few that actually responds. Kudos!)
So, below, is my list of questions. I urge you in the comments section to add your own. If you can answer any of the questions, including links or if you were there, please add that too.
IMPORTANT NOTE: We have an exclusive interview with one of the UC Davis protestors which we’re working on getting up ASAP, so be sure to come back for her excellent and detailed observations, which absolutely refute what university officials have been telling the school and the media.
Questions That Need Answers About The Pepper Spraying Incident At UC Davis On Friday, November 18:
- Exactly what harm was being caused by the student protestors sitting on the ground? Why did the University think they students needed to be removed?
- Has the University contacted the parent of the students who were pepper sprayed? Has the University contacted the students who were pepper sprayed, some of whom needed hospital medical attention?
- Has the University offered counseling to any UC Davis student affected by the para-military assault on its own students?
- Is the use of pepper spray in this case legal? 2002 Ninth Circuit Court of Appeals case of Headwaters Forest Defense v. County of Humbolt strongly mirrors the UC Davis pepper spray attack and would lead one to believe this was excessive force and, per Humbolt, violates the students’Â Fourth Amendment rights.
- The University Police have claimed they felt threatened and that their personal safety was at risk by the unarmed students who encircled them. Reports, including an exclusive report we will publish tomorrow, suggest this is false. Further, why would armed police officers, who were at most in a one-to-one ratio with the unarmed, peaceful, seated students, feel threatened in the first place?
- Did Chancellor Katehi personally give the order to use pepper spray? Does the University have specific rules and a chain of command to use chemical weapons? If not, why not?
- There are reports that we do not yet know the long-term health risks of pepper spray, and that it has very different affects on different people. What are the short and long-term risks in the use of pepper spray?
- What training do UC Davis police officers have in the use of these chemical weapons and riot gear? Why would a University feel the need to have these weapons in the first place? Was the pepper spray that was used on the UC Davis students purchased in conjunction with any federal allocations, e.g., the PATRIOT Act?
- There are reports, especially the one from Asst. Professor Nathan Brown, that the police forced open the mouths of students and pepper sprayed their mouths and throats. Why has this not been more-widely reported, and is this not an illegal act?
- Bigger-picture: Why is peaceful assembly, which is a constitutional right, even being challenged by local authorities across the nation? Why would anyone even need a permit for peaceful, non-violent assembly? What are the legal requisites here?