About that 'use of sidewalk' criminal charge against Occupy Dallas protesters arrested on Saturday

Occupy Dallas supporters have criticized Dallas police for what they say was an overly aggressive response to Saturday's protest at the Bank of America building downtown.

Dallas police arrested eight people, including seven on a rather odd-sounding charge of "use of sidewalk." According to the Texas Transportation code, that violation basically says that pedestrians cannot walk on a road if a sidewalk is provided and accessible.
It's tough to draw any clear conclusions from several videos of the protest posted online. Dallas police are continuing to review the incident.
Here's the exact wording of the law that could apparently land you in jail for walking in the street:
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.
(b) If a sidewalk is not provided, a pedestrian walking along and on a highway shall if possible walk on:
(1) the left side of the roadway; or
(2) the shoulder of the highway facing oncoming traffic.
(c) The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, 2001.

http://crimeblog.dallasnews.com/archives/2011/11/about-that-use-of-sidewalk-cri.html 

The Time Has Come for Occupy Dallas to Get Organized, and Maybe Some Plumbing

OK. Uncle. I give. And it wasn't the public urination. I do that all the time.

Three things made me decide it's probably time for Occupy Dallas to de-occupy. First: allegations that a minor was sexually assaulted in one of the tents the Occupiers have pitched according to their agreement with City Hall.
Second: the story about the homeless couple raising their child in one of the tents the occupiers have erected as per their deal with City Hall.
Third: the fact that they even have a deal with City Hall.

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After criticism from Occupy Dallas, Atkins' website comes down

If you try to visit Council Member Tennell Atkins' website this morning, you'll get the following message:
"This Website has been shut down by developer. For information call 713-995-0907 or 713-249-3735."
Not terribly interesting except for this. Atkins has been critical of Occupy Dallas, saying the protest movement is straining police resources.
That prompted the movement to do a little research on the councilman and send him a letter criticizing his website. The key quote is buried in the full letter, which is on the jump.
But the gist is they think Atkins is in the corporate camp.
"We are here to protest multinational corporations that are buying out our politicians in order to subvert the democracy for their own personal gain....Why does the banner at the top of your page show photos of corporations instead of the people who voted for you?"
Not long after the letter went out, the website came down.
Who took it down and why, we don't know.

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Citing sanitation issues, city officials ask Occupy Dallas protesters to clean up or move on

DALLAS — City Manager Mary Suhm said in a letter Tuesday that the protesters in the Occupy Dallas camp have had "numerous, ongoing, and material breaches of [the] settlement agreement" between the city and the occupiers. In response to the letter, the protesters have agreed to abide by the city's rules.
See the city's letter below.
According to Suhm, protesters have until 5 p.m. Saturday, November 12 to fix four issues. The city alleges the protesters have: used City Hall facilities without permission, failed to remove trash from their camp, damaged temporary fencing protecting trees on the property, and put up structures and signs on the property.
"If participants in Occupy Dallas continue to breach the agreement or disobey the law, either between now and Saturday at 5 p.m or thereafter, the city reserves the right to terminate the settlement agreement and enforce all laws on the property, including removing any tents and other obstructions on property that are not promptly removed by Occupy Dallas after receipt of a request to do so by the city," Suhm wrote.

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Press Conference -- 6 p.m. -- Lew Sterrett Jail [Press relase]

Members of the Media: OccupyDallas will be holding a press conference outside of Lew Sterrett jail at 6 p.m. concerning the release of a protester who was arrested Saturday, Nov. 5, after being shoved to the ground by an off-duty police officer. Stephen Benavides will be released from jail today after being held for four days.

OccupyDallas responds to letter from city officials

OccupyDallas responds to letter from city officials

Dallas, TX, November 9, 2011 — Members of OccupyDallas have responded to the letter from the city published Tuesday evening. Here is an excerpt from the response, written by supporter Glynn Wilcox:

                “In response to the letter from the City of Dallas, OccupyDallas would like to reiterate our commitment to abide by the agreement between OccupyDallas and the City. As Dallas citizens, and per our agreement, OccupyDallas is assessing the concerns that Manager Suhm and First Assistant City Attorney Bowers have raised.

                “OccupyDallas takes offense to the notion that the city is giving us the right to be on Dallas property. The city has recognized that the OccupyDallas encampment is a First Amendment Activity and is therefore protected under the First Amendment. OccupyDallas has been more than willing to engage in meaningful and productive interactions with City Staff and those on the Council including the Mayor’s Office. We have repeatedly made the invitation for anyone to address the General Assembly or speak directly with individuals conforming to the agreement that only a limited number of members may enter city hall to speak with staff or our elected city officials.”

                The city of Dallas has threatened to shut down the camp at 5 p.m.

Saturday if protesters do not comply with their demands. The city’s letter mentions the perceived escalation of tensions between protesters and police. Tensions which led to the arrests of several protesters on Saturday, Nov. 5 for ‘improper use of a sidewalk,’ after an off-duty police officer shoved a protester to the ground.

Inside the occupation: Occupy Dallas protesters a diverse group

The Occupy Dallas website offers some welcoming words:

“We invite you to come down to City Hall Park and see what we’re up to. Hang out and get to know us.”

OK. We’ll see.

It’s a chilly Thursday. The coffee tent has drawn a small early-morning group. Two “peacekeepers” walk a perimeter around the 60 or so tents sheltering some 120 people outside City Hall.

An electricity generator drones on as Richard Souza putters about the food tent, ice chests and jugs of water. Pots from last night’s supper await cleaning. Peanut butter and snacks await hunger. Dead flies dot adhesive traps.

Occupy Dallas launched its protests against Wall Street greed, corporate power and economic inequality on Oct. 6. After camping at Pioneer Park downtown, the group accepted an offer from the city and moved near City Hall on Oct. 17.

An agreement allows the group to remain there through Dec. 11 with the possibility of an extension, but it also prohibits cooking and toilets at the site, among other conditions. That agreement was in jeopardy after the city sent a letter to leaders Tuesday, saying the group has until Saturday to correct what the city called breaches of the agreement, or face possible removal from its City Hall campsite.

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