Yurok Tribe Bans GMOs and Frankenfish

Yurok Tribe Bans GMOs and Frankenfish

By Dan Bacher / Intercontinental Cry

Featured image: Salmon Barbecue at the 53rd Klamath Salmon Festival (photo: Yurok Tribe/Facebook)

The Yurok Tribe, the largest Indian Tribe in California with over 6,000 members, has banned genetically engineered salmon and all Genetically Engineered Organisms (GEOs) on their reservation on the Klamath River in the state’s northwest region.  The Yurok ban comes in the wake of the federal Food and Drug Administration (FDA) decision on November 19 to approve genetically engineered salmon, dubbed “Frankenfish,” as being fit for human consumption, in spite of massive public opposition to the decision by fishermen, Tribes, environmental organizations and public interest organizations.

On December 10, 2015, the Yurok Tribal Council unanimously voted to enact the Yurok Tribe Genetically Engineered Organism (“GEO”) Ordinance. The vote took place after several months of committee drafting and opportunity for public comment, according to a news release from the Tribe and Northern California Tribal Court Coalition (NCTCC).  This ordinance is apparently the first of its kind in the U.S. to address the FDA’s approval of AquaBounty Technologies’ application for AquAdvantage Salmon, an Atlantic salmon that reaches market size more quickly than non-GE farm-raised Atlantic salmon, as well as all GMOs.

“The Tribal GEO Ordinance prohibits the propagation, raising, growing, spawning, incubating, or releasing genetically engineered organisms (such as growing GMO crops or releasing genetically engineered salmon) within the Tribe’s territory and declares the Yurok Reservation to be a GMO-free zone. While other Tribes, such as the Dine’ (Navajo) Nation, have declared GMO-free zones by resolution, this ordinance appears to be the first of its kind in the nation,” the Tribe said.

“On April 11, 2013, the Yurok Tribe enacted a resolution opposing genetically engineered salmon, and then secured a grant from the National Congress of American Indians (NCAI) to support the Tribe’s work in continuing to protect its ancestral lands, including: waters, traditional learning and teaching systems, seeds, animal-based foods, medicinal plants, salmon, sacred places, and the health and well-being of the Tribe’s families and villages. GMO farms, whether they are cultivating fish or for fresh produce, have a huge, negative impact on watersheds the world over,” the Tribe stated.

“The Yurok People have managed and relied upon the abundance of salmon on the Klamath River since time immemorial. The Tribe has a vital interest in the viability and survival of the wild, native Klamath River salmon species and all other traditional food resources,” the release said.

James Dunlap, Chairman of the Yurok Tribe, said, “The Yurok People have the responsibility to care for our natural world, including the plants and animals we use for our foods and medicines.  This Ordinance is a necessary step to protect our food sovereignty and to ensure the spiritual, cultural and physical health of the Yurok People. GMO food production systems, which are inherently dependent on the overuse of herbicides, pesticides and antibiotics, are not our best interest.”

The Ordinance allows for enforcement of violations through the Yurok Tribal Court. Yurok Chief Judge Abby Abinanti stated, “It is the inherent sovereign right of the Yurok People to grow plants from natural traditional seeds and to sustainably harvest plants, salmon and other fish, animals, and other life-giving foods and medicines, in order to sustain our families and communities as we have successfully done since time immemorial; our Court will enforce any violations of these inherent, and now codified, rights.”

The Yurok Tribe is working with other Tribes in a regional collaborative as part of the Northern California Tribal Court Coalition (NCTCC), and the Tribe and NCTCC are co-hosting an Indigenous Food Sovereignty Summit in Klamath in the spring of 2016. A signed copy of the ordinance can be found on NCTCC’s website.

The Tribal Council passed the ordinance at a critical time for West Coast salmon and steelhead. The Klamath River, located on the Tribe’s homeland, is plagued by massive algal blooms, exacerbated by agricultural runoff and antiquated hydroelectric dams, that turn the river toxic each summer. The Tribe is working with other Tribes, environmentalists, fishing groups and elected officials to remove four dams on the Klamath River to restore the river’s salmon, steelhead and other fish populations. The Tribe in September withdrew from the controversial Klamath Agreements and in December announced it “strongly opposes” draft legislation from US Representative Greg Walden of Oregon to address Klamath River Basin water issues.

The Klamath’s salmon and other fish populations are also threatened by Jerry Brown’s California Water Fix to build the Delta Tunnels. The massive tunnels proposed for construction under the Sacramento-San Joaquin River Delta, the largest estuary on the West Coast of the Americas, would export water to corporate agribusiness interests, Southern California water agencies and oil companies conducting fracking and other extreme oil extraction methods in Kern County.

A large proportion of the water of the Trinity River, the Klamath’s largest tributary, is diverted from Trinity Reservoir to the Sacramento River basin via Whiskeytown Reservoir to irrigate almonds, pistachios and other crops on drainage impaired land in the Westlands Water District on the west side of the San Joaquin Valley. The giant tunnels would imperil Chinook salmon, coho salmon, steelhead and lamprey populations on the Trinity and Klamath rivers, as well as hastening the extinction of Sacramento River winter-run Chinook salmon, Central Valley steelhead, Delta and longfin smelt, Sacramento splittail and green sturgeon populations.

Dahr Jamail interviewed by Derrick Jensen about US Navy’s Northern Edge

This interview was conducted by Derrick Jensen for his Resistance Radio series. Find options to listen to this interview, or any in the series, at the Resistance Radio archive.

Dahr Jamail is an award winning journalist and author who is a full-time staff reporter for Truthout.org. His work is currently focusing on Anthropogenic Climate Disruption. We discuss the harm caused by massive military maneuvers off of Alaska.

Derrick Jensen: Something terrible is happening off the coast of Alaska. Can you tell me about that?

Dahr Jamail: The Navy is poised to begin what they call Northern Edge, a huge, joint exercise they’re doing in conjunction with the Air Force, Marines and Army. The Navy’s aspect is going to focus in a huge area – over 8,000 square nautical miles, off the coast of Alaska, between Cordova and Kodiak. In this giant rectangle they’re permitted to conduct active and passive sonar, weapons testing, and live-fire exercises, including bombs, missiles, bullets and torpedoes. It starts June 15th and continues for at least two weeks. They’re permitted to continue doing this year after year. Plans are in the works for them to request permits up to 2030.

What’s really troubling about this, aside from the obvious, is that the area in question is critical habitat for all five Alaska salmon species, as well as almost a dozen whale species, including the highly endangered North Pacific Right Whale, of which there are only about 30 left. It also includes dolphins and sea lions and hundreds of other marine species in the area. There are a dozen native tribes living along coastal Alaska who are going to be directly impacted by their subsistence living being damaged and poisoned: destroyed. Some of those tribes include the Eskimo, the Eyak, the Athabaskans, Tlingit, and the Shungnak and Aleut tribes,

There have been and continue to be uprisings in the communities in coastal Alaska against this. For example, the cities of both Kodiak and Cordova have passed resolutions opposing the Navy’s plans, but the Navy has basically thumbed their noses at these voices of protest and are loading up their bombs.

D.J.: How is this going to harm the creatures who live there?

Dahr J.: The Navy is permitted to release as much as 352,000 pounds of what they call ‘expended material’ every year. That includes the live munitions that I mentioned ― missiles, bombs, torpedoes, etc. ― but also other types of things that will be released into the marine environment. Just by way of example, one of the propellants in one of the missiles and torpedoes they want to use contains cyanide. The EPA’s ‘allowable’ limit of cyanide is one part per billion, and the type of cyanide in the Navy torpedo is going to be introducing cyanide into the waters of Alaska in the range of 140 to 150 parts per billion.

Other impacts include ‘takes’, which are basically a military bureaucratic way of covering over a death. The Navy’s own Environmental Impact Statement estimates that over the five-year period that their war games are going to be conducted, there will be over 182,000 takes.

There are two ways they’ll be killing marine mammals. First is direct impact of them literally being exploded by bombs or shot by bullets or internally hemorrhaged by massive sonar. Secondarily, essential behaviors will be disrupted like surfacing or having babies or nursing.

Over a dozen large ships will be roaming the area, preventing fisherfolks from using it. Natives relying on that area for subsistence fishing and living will not be able to carry that out.

D.J.: You mentioned sonar. Can you talk more about that?

Dahr J.: It’s not your average sonar that a transport vessel or a fisherperson might use to navigate or to track the depth of the water. We’re talking about weapons grade sonar. The Navy regularly conducts underwater sonar weapons testing. They’re developing different types of sonar that they’ve weaponized to use to knock out communications and electronics, and I think they’re aiming towards killing humans in Navy vessels from other countries.

The NRDC won a lawsuit against the Navy down off Southern California for using this type of sonar. They showed the Navy was knowingly, deleteriously impacting over nine million different marine biota ― fish, whales, etc. ― by the use of this sonar. There are well-documented cases around the globe of pods of whales, dolphins, etc., that get hit by this sonar, and then these mammals wash up on the shore. A lot of times you’ll see their ear drums are exploded and it causes internal hemorrhaging. There have been cases of dolphins washing up, literally with blood coming out of their heads because they happened to have been where the Navy is using this type of weapons grade sonar.

To be clear, this sonar is powerful enough to literally explode the eardrums of whales and dolphins. That is how these mammals communicate; that is how they navigate; having that ability destroyed or compromised in any way basically means these mammals are going to die. And when the Navy is using it in a way that literally explodes their internal organs to the point where blood is coming out of their head that gives you an idea of how powerful it is.

D.J.: Here is something I wrote in Endgame about a National Science Foundation ship that was using air guns to fire sonic blasts of up to 260 dB, to use for mapping the ocean floor: “Damage to human hearing begins at 85 dB, a police siren at 30 meters is 100 dB. And decibels are logarithmic, meaning that every 10 dB increase translates to ten times more intensity. And sounds ― because human perception is also logarithmic ― twice as loud.

So what that means is that the blast from those research vessels was ten quadrillion times more intense than a siren at 30 meters, and would sound to humans 16,384 times as loud. The sound of a jet taking off at 600 meters is 110 dB, a rock concert is 120 dB, and whales and other creatures are subjected to sounds 100 trillion times more intense than that. The threshold at which humans die from sound is 160dB.”

Dahr J.: That gives people an idea of what we’re talking about: the military developing sound to use it as a weapon. As though the oceans aren’t already suffering enough, from the extreme amount of plastic pollution you’ve written and talked about for decades that’s now insidious around all the oceans on the planet, to acidification from rising temperatures.

And now on top of that, the military decides to go and use bombs and use sound weapons up in some of the most pristine waters on the planet outside of Antarctica. Bear in mind, these waters are at the end of an undersea current that is an upwelling, and this water is a thousand years old. This is why Alaska salmon are so prized, because they are a clean fish, they’re pure, and the Alaska salmon brand relies on it. Not to commercialize this, but it’s important to think about in regards to the people in Alaska relying so heavily on the salmon for both subsistence and to earn a living up there. All of that is being compromised.

The Navy’s action is creating some interesting collaborations between people across the political spectrum that normally wouldn’t mix.

D.J.: Leaving aside this culture’s death urge, why is the military doing this? What is their rationale?

Dahr J.: I mentioned in my article, Destroying What Remains: How the US Navy Plans to War Game the Arctic, that the Navy is increasingly focused on possible climate change wars up in the melting waters of the Arctic. In that context, it has no intentions of caretaking the environment when conducting its military exercises.

This connection was made amazingly clear to me in the course of writing this piece. I was in Alaska getting the ground data for this story, doing interviews. I went to Cordova, went over to Kodiak, passed through Anchorage, talking to people all along the way, and then I came back home to Washington State to write.

I live on Puget Sound, right on the Strait of Juan de Fuca. I’m writing this story about the impending Naval exercise up in the Gulf of Alaska, the largest of its kind in the more than 30 years the Navy has been doing them in that area. Meanwhile, about two miles from my house, out on the Strait of Juan de Fuca, Shell is bringing their giant drilling rig over to the port of Seattle where it’s going to tie up. So we have the military exercises at the same time they’re positioning these rigs in Seattle, getting them ready to take up to Alaska to start drilling.

It doesn’t take a genius to see the writing on the wall as to the timings of these. It’s not a coincidence. The Navy is getting ready to protect so-called US interests to go up into the Arctic. They’re racing Russia; they’re racing Scandinavian countries. Basically anyone who has any kind of border with the Arctic is in full preparation to go up there, in a race for what’s left, to try to tap into the oil that’s been inaccessible under the ice.

Over a year ago I wrote about the Navy conducting their own study and estimating we would see ice-free periods in the summer in the Arctic starting by 2016. A couple of weeks ago, the current satellite data mapping Arctic ice, both in extent and volume, showed Arctic ice at its lowest volume on record. So it’s certainly possible that by late summer of 2016, meaning late August, early September, we’ll see ice-free periods.

So that’s the context in which all of this is happening. The military is getting ready. That’s why there’s this massive uptick in war-gaming across the entire country ― not just the Navy, but on land, the Air Force is doing things, the Marines are doing things ― because the military is positioning itself for potential war against Russia and China, but also, the race for the Arctic resources is clearly very high on their agenda.

D.J.: This is a great example of something I’ve long thought: that this culture will not have a voluntary transformation to a sane and sustainable way of living. Instead of being horrified that the Arctic will soon be ice-free, they are looking at it with what can only be deemed ‘lust’ for the resources that will be made available. I find it impossible to express through words the disgust, contempt, and hatred that that makes me feel.

Dahr J.: One reason I wanted to do this article was that I lived up in Anchorage for ten years. That’s where I was living when the Iraq war broke out, and my work as a journalist is ultimately what brought me to move out of Alaska. But I love the state, meaning I love the nature there, and I loved going into the mountains and camping and climbing, and going out on boats with people into the waters. I reveled in the powerful natural beauty of the state. And of course, that includes the oceans and the marine mammals. When I learned of the Navy’s plans, I wanted to go up there and report on it, kind of out of a protective urge for this place that is so close to my heart. And when I was up there working on this story and talking to all these people who were going to be impacted by these Navy exercises, I felt that same kind of anger.

Or maybe first I just felt mystified: not only are we going off the cliff as a species, because of the industrial growth society and what it’s done to the planet and what it’s doing and continues to do, but we’re accelerating! The planet is showing us every distress signal it possibly can; we’re watching huge parts of the ecosystem die, increasingly vast numbers of species go extinct, even more and more public awareness of the possibility of our own species rendering itself extinct; but instead of taking a precautionary approach, slowing down, pausing a minute to think that maybe what we’re doing isn’t the best thing, it’s ‘let’s accelerate as fast as possible’ into this dark, death-giving future of ‘we’re going to war game, we’re going to drop more ordinance, we’re going to get ready to go into one of the most pristine areas left on the planet, pollute it like it’s never been polluted before, all for the sake of drilling it, sucking out more oil that shouldn’t even be burned in the first place, because it’s only going to further accelerate what we’re already doing to the planet!’ It really is stupefying; it’s almost beyond imagination. It’s something out of a really bad sci-fi novel, but, unfortunately, it’s the reality.

D.J.: Can we talk now about some of those surprising alliances you mentioned?

Dahr J.: There have been many. For example, the commercial fishing community in Alaska aren’t known for being ‘lefty/greeny’ environmentalists. They’re there to catch the maximum amount of fish allowed by law every season, and make as much money as they can. But when this news of the Navy’s plans started to spread around coastal Alaska, people from these very, very politically conservative fisherfolk across two different unions in the state started to band together, and literally everyone I spoke with about the Navy exercise ― every fisherperson, every person in the fishermen’s union across the state ― was opposed to the Navy’s plans.

And when the Navy played the national security card, saying they’re doing this to protect the state and the waters, the people in Alaska called B.S. Not just environmentalists, but people from all these other groups from the Alaska Marine Conservation Council to the Alaskans First! Coalition to fishermen’s unions to everyone banding together and saying look, we’re absolutely opposed to this.

It’s hard to find a silver lining to this story, but if there is one, that might be it: we’re starting to witness a coalescing of groups across the political spectrum who are seeing the madness perpetrated by the industrial growth society and who are starting to stand up against it together.

D.J.: Are people making that connection between these destructive activities and the industrial growth society? And were they making the connections that you were making, about how we’re going over a cliff and just accelerating?

Dahr J.: Not so much, unfortunately.. One of the most important voices in the story, however, does. Emily Stolarcyk works for the Eyak Preservation Council out of Cordova. It’s an environmental and social justice non-profit with a primary aim to protect wild salmon habitat, period.

Emily sees the bigger picture. She’s gone out of her way to sound the alarm bell on this and has therefore, of course, been targeted by the government of Alaska and the Navy itself. People are really coming after her now.

Unfortunately, the average person I spoke with tended not to see beyond the immediate economic impact. For a lot of folks, their prime motivation was not losing the Alaska salmon brand, in that they can’t have news come out that the salmon are contaminated in any way, because if that market tanks, they’re in big trouble.

D.J.: How is she being targeted?

Dahr J.: For example, the Navy has tried to discredit her, even though she has gone out of her way to quote directly from the Navy’s own Environmental Impact Statement. It’s online, people can look it up themselves, and she literally is using quotes. The Navy tells people she is not giving accurate information, that she’s inflating figures, and so on. The military is deified by mainstream America and by the corporate media as a benevolent force that is only there to protect us. Of course that’s absolute nonsense, but because of that misperception, most people still tend to believe the military.

Emily has also been targeted by Senator Lisa Murkowski, a hardcore right-wing, anti-environment, pro-corporate profit, pro-fossil fuel industry, pro-military senator up there in Alaska. She sent the state fisheries person down to meet with Emily. The fisheries person called Emily on her personal cell phone at night to cuss her out and threaten her. It was bad enough he later emailed her an apology for it. So there have been bellicose threats, bellicose language used against her from this person, and from the Navy itself.

The Navy has found anyone in these communities who could potentially be on their side and actively worked to turn them against Emily Stolarcyk and the Eyak Preservation Council. They’ve demonized them, putting out false statements, trying to make it seem the Eyak Preservation Council isn’t actually working for their stated purpose of preserving critical salmon habitat. Basically negative propaganda campaigns run against her and the organization she works for.

D.J.: How can people support her?

Dahr J: Other people need to take up the fight against the Navy. They need to get up on the facts of the story, understand what the Navy is planning on doing, and join in the fight. They don’t necessarily need to come work alongside Emily Stolarcyk, but to understand the relevance of her work and the importance of it. These types of Navy war games are happening off the coast of Alaska, Washington, Oregon and California, and have been for a long time. So, anyone in proximity to those coasts, this is our fight, too. And all of us need to be talking about this, all of us need to be getting this into the media and getting as many activists involved as possible, people who might have other ideas about how they can help.

D.J.: You mentioned Lisa Murkowski. Is the problem there individual politicians, that if she were replaced these atrocities might not occur? Or is the problem more institutional, and widespread?

Dahr J.: Lisa Murkowski is of course terrible, as is Congressman Don Young. No matter what, those two are always full steam ahead with anything the military and the fossil fuel industry want. They are villains in this story: they are actively working against the interest of nature and the planet in every possible, conceivable way. But the problem really is institutional.

Let’s use Washington state as a case study. Governor Jay Inslee paints himself as the ‘green’ governor, and when I first moved here I thought, ‘yeah, this guy is doing a lot of good stuff. He’s taking the climate change issue head on, he’s saying a lot of the right things and sometimes doing some of the right things.’

But because of how deeply embedded the military is in this state and how much money the state gets from their presence, this is a governor who knowingly accepts what the Navy is doing here. He refuses to take a stance directly against the wargaming that’s already going on here or against future wargame plans for the state of Washington, and is basically in their back pocket. The same for Derek Kilmer, one of the representatives here. And the same is true for numerous other political so-called representatives.

I’m sure the same can be said for California. I think many people hear about these military exercises, and think, “The Democrats are in charge, and they wouldn’t do this.” But political party is irrelevant in this story with the military. The military is so embedded in these states and there’s so much money being brought into the states by their presence that you’d be hard-pressed to find a political so-called representative who is not on the take. That gives you an idea why there isn’t any real political pushback against these exercises.

D.J.: We all know that the military is a form for massive corporate welfare. It’s a giant Keynesian stimulus. And we all know capitalism relies on subsidies. But that always leads to the question: why can’t they just subsidize nice things instead of bad things?

During the 1970s, liberal George McGovern asked somebody at one of the military contractors, “Since all you care about is making money, could we just subsidize your corporation to make school buses instead of bombers? Would you do that?”

The military contractor said, “Sure!” and then they both burst out laughing because they knew that Congress would never allow that in the budget.

Dahr J.: At this point the US military is in the final stage of empire. When we look through history, empires use numerous ways to maintain control and power. There’s the economy, there’s propaganda, there are appeals to people’s morality, etc. The final stage – and the weakest and the shortest – is using military might, pushing the military frontiers out as far as possible and putting all their resources into maintaining and growing the military. Then they collapse relatively shortly thereafter. That’s exactly what the US is doing.

Today, while we do this interview, we have news of them setting up yet another new US base in Iraq and sending more troops over there. Domestic military exercises are pushing new bounds of what’s ever been done before, looking at expanding up into the Arctic, and preparing for war gaming against Russia and China in the future.

Over 50% of all US taxpayer money is going directly to the Pentagon in one way or another. I think that underscores what you just said, Derrick, about the preposterous idea that something could be done differently. I don’t think anyone in the government could really take seriously any attempts to significantly defund the military. At this stage of the game everyone understands the military is the final weapon the US government is using geopolitically at this point. I think anyone who challenges that and thinks they’re going to change how the government and economy function at this stage of the game is not living in reality.

D.J.: Apart from the environmental degradation, do we know the numbers on how much this military exercise is going to cost?

Dahr J.: No. The military is very careful not to release total figures of these types of exercises. You always have to try to puzzle figures out from hints. For example, the Navy is trying to push through electromagnetic warfare training out on the Olympic Peninsula, planning on starting early next year. They want to use these jet aircraft called Growlers, maybe because they’re the loudest aircraft ever built. Extremely loud – ear-splittingly loud.

To fly one of those costs over $12,000 an hour. That’s just one jet. That’s not a war ship. It’s difficult to get the numbers, but I think it’s safe to say that a two-week joint military exercise involving a dozen ships, however many aircraft are going to be on those ships, all the personnel, all the weapons that are going to be used, all the fuel burned, will very easily cost hundreds of millions of dollars.

D.J.: What can people do if they are in Alaska or elsewhere, to prevent this from happening again?

Dahr J.: People need to recognize this is happening not just in and around Alaska, but all over. There’s a massive domestic military expansion happening everywhere. People need to become aware of this and make others aware of it. They need to get this information out there. And then they need to start raising hell. They need to start fighting it.

We’re starting to see people standing up, and we’re starting to see them work together.

This whole struggle dovetails with what’s happening in the battles against the pipelines and against fracking that we’re seeing down in Texas now, and across the Midwest, where really interesting alliances are being formed between some pretty right-wing political groups as well as some pretty hard-core left-leaning groups of environmentalists and other activists.

Just like those movements draw these alliances, people who are opposed to this military expansion—and that should be all of us—need to work together to stop this. People need to get involved. The sooner the better.

William Falk: I’m Afraid of the SDPD

William Falk: I’m Afraid of the SDPD

By William Falk / Deep Green Resistance

The San Diego Police Department scares me. All police, for that matter, scare me.

I’m writing this because I cannot drown out the sharp pops of a burst of police gunfire hanging on the still desert air.

I heard the eerily common sound of gunshots as I watched a video of police shooting an unarmed 20 year-old black man named D’Andre Berghardt near Red Rock Canyon in Nevada the other day with my partner.

A few days before viewing the video, we were on our way to Red Rock Canyon for a rock-climbing trip with friends. Highway 159 provides access to the canyon, but was closed due to a “police incident.” We made a mental note to check on the incident when we got home.

Back at home, safe on our couch in the living room, we started the video. The video was taken by two men sitting in their car as the entire encounter unfolded. You can see three or four cars stopped with drivers gawking on. There is even a bicyclist sitting on her bike seat calmly absorbing the scene.

The video opened with two officers, guns drawn, on either side of Berghardt. The officers spoke with Berghardt for a minute or so. Our disbelief grew as one officer pepper sprayed Berghardt. I paused the video to explain I’ve read that pepper spray often makes people vomit. A moment later, we watched Berghardt double over. We listened to the men taking the video asking, “Why don’t they just cuff him?” Then we watched as the officers taser Berghardt. I stopped the video again to say that tasering often causes the recipient to defecate in his or her pants. A few of the cars started turning around and driving past the scene.

Finally, my partner who is much braver than me and much more vocal, yelled out, “Why doesn’t some one do something!?”

All I could manage to say was, “I would be scared. The cops have their guns out. I’m not talking to a cop with his gun drawn.”

Then we finished the video as Berghardt eventually ran from officers who had pepper sprayed him and tasered him into an open police vehicle before being shot multiple times from a few feet away. Then, he died.

After watching the video, we learned that Berghardt had been walking down Highway 159 asking cyclists for water and telling them to “have a good ride.”

And now: I cannot drown out the sharp pops of a burst of police gunfire hanging on the still desert air.

It is time that we do something.

***

I’m writing this because I cannot drown out the voices of the women who have so bravely – despite tears, shaking voices, traumatic recollections, and even government-paid stalkers – told their stories of sexual assault at the hands of the SDPD.

With the recent news that the City Attorney’s office paid a private investigator to follow for 23 days and videotape one of former SDPD Officer Anthony Arrevalos’ sexual assault victims and now the news that another SDPD officer, Chris Hays, has been arrested on suspicion of committing false imprisonment and misdemeanor sexual battery while on duty, my fear of the police is growing stronger and stronger.

These disturbing sexual abuse allegations (and convictions) are not just here in San Diego, either. A quick Google search shows that almost identical cases of abuse are happening all over the country. Do any of these stories sound familiar? A few weeks ago in Dallas an officer allegedly told a woman he wouldn’t take her to jail if she would have sex with him. Last summer a school police officer in Eugene, OR was convicted of sexually abusing six women while on-duty and off-duty and several more women came forward after conviction. And, in Chicago, two officers are accused of raping a woman they offered a ride home while on-duty.

I have to be honest. I’ve never liked the police. It started when I was younger. I’ve always worn my hair long and have been pulled over too many times to have a cop let me go after explaining, “You have to admit, you do look like you probably have drugs on you.”

Then, I became a public defender, and learned first hand just how bad the police can be. There were too many times when I requested video evidence from squad car cameras only to find the officer ‘forgot’ to turn the camera on. Too many times I overheard senior officers telling junior officers how to testify in the hallway before hearings. Too many times I watched as police officers were cleared of claims of excessive force. Too many times I’ve seen women coming forward to report sexual abuse at the hands of police officers.

***

I’m afraid of the police. I’m particularly afraid of the SDPD because I live here, and because we keep getting report after report of their violence.

I’m also very angry. There are people who are responding to criticisms of the police with the tired rebuttal “If you don’t do anything wrong, you don’t have anything to be afraid of.”

D’Andre Berghardt wasn’t doing anything wrong. The women in Eugene, OR assaulted by a school cop weren’t doing anything wrong. The woman who took a ride home from police officers before being raped by both of them wasn’t doing anything wrong.

And what about the definition of “wrong?” It’s not wrong to smoke recreational marijuana in Washington, but it is in most of the rest of the country. Many states still have anti-sodomy laws on the books. It was wrong at one time in this country to harbor run away slaves.

And what about when the right thing to do is “wrong”? For example, who do you think is going to show up first with guns drawn if outraged citizens decided to dismantle California’s fracking sites? Who showed up at Wounded Knee in 1973 when indigenous peoples demanded the federal government honor their treaties? Who murdered Fred Hampton? Who smuggled cocaine from Nicaragua into the US? Who is teaching children to shoot likenesses of immigrants at the border? Who is shooting the immigrants?

I am afraid of the police. You should be, too, even if you’re doing nothing wrong. They will throw their phony reports at us. They will harass us if we speak too loudly. Their City Attorney will send stalkers to report on our sexual habits. And, yes, they might even point their guns at some of us.

But, we must be brave.

It is time that we do something.

From San Diego Free Press: http://sandiegofreepress.org/2014/02/im-afraid-of-the-sdpd/

Caltrans at Willits: Widening the Way to Pelican Bay

Caltrans at Willits: Widening the Way to Pelican Bay

By Cal Winslow

Will Parrish needs your support. He now faces eight years in prison; in addition, $490,000 in fines, “restitution”.  And for what? For delaying a freeway, the “Redwood Highway” – the California 101.

Parrish is a journalist here in Willits, in Mendocino County. He is also an activist and a teacher. His trial is scheduled for the County Courthouse in Ukiah, at 8:30 AM, on January 28th.

Will’s crime must be peculiarly Californian, a crime against a freeway. It must, from the grave, be raising Ronald Reagan’s hackles, jolting his memory. We’re told, incessantly in the media, this delay also enrages our ordinary travelers; drivers, it seems, now delayed five minutes (or so) along the main street of Willits on the trip to Eureka.

Willits, Eureka, Mendocino, Humboldt, why here? In this wildest corner of the state? “California’s transportation infrastructure – once the freeway wonder of the world – now lags hopelessly behind…”, Mike Davis tells us this, and quite rightly, but you can’t say they’re not trying. The issue here is a bypass.

Mike’s down south, where the people are. Things are different here. There are fewer than 5000 people in Willits, its population in decline; there are just about 90,000 people in Mendocino County, a few more than in new Mayor Bill De Blasio’s Brooklyn neighborhood. But this is a big County, nearly 100 miles south to north. We have lots of elbow room. And that’s Mendocino; take 101 north and there’s hardly anyone at all. The shrewd driver, once in southern Humboldt, can easily make up the time. Then it’s the supermax at Pelican Bay in nothing flat.

But it doesn’t matter, it’s systemic.  Caltrans, the state’s mega transportation department is pushing the bypass at Willits; it’s wanted it for a long time.  It’s for our own good, of course. And Caltrans has a plan. A master plan? Indeed it’s had this very plan for twenty years (it seems it’s always a good time for a new freeway). Caltrans has proposed and is now building a $200 million, six mile, four-lane freeway the size of Interstate 5.

Willits is “the Gateway to the Redwoods”, drivers learn this from a large arch they pass under (not from actual trees). They also navigate a five mile stretch of two lane traffic, two lights, then an array of shops, etc., few really worth slowing down for. The one real problem, let’s be fair here, is the snag where state route 20, at Safeway and a light, turns off to Fort Bragg and the Coast. It is a bottleneck. I’ve seen rush hour traffic backed up two or three blocks, delays of five minutes or so. But let’s have some perspective on this. We’re out in the country, on our way to the Redwoods, the few remaining. We’re just not talking about the BQE on Monday morning or the Santa Monica Freeway on Tuesday nights.

So $200 million? California is just clawing itself out of the recession. We’ve hardly had time to catch our breath, how will we undo the damage done to our schools, our services, our health and welfare?  Costs still figure even here, even in this latest boomlet. Caltrans likes to keep it quiet, but the first stage of the freeway bypass will be only two lanes, though construction will prepare for an eventual four. Back to Mike Davis, there’s something more than meets the eye here, something “primal”.

Good, sensible people in Willits have been fighting the bypass here for twenty years; they’ve challenged Caltrans every foot of the way – they’ve demanded proper public input, attention to environmental regulations, a haven for rare birds, and protection of wetlands, this last elemental, primary in terms of survival here in (too) thirsty California. It’s amazing, the persistence of these people. And they’ve been willing to seek compromises – perhaps a smaller project. But Caltrans has been patient too (and with 22,000 employees, the state’s huge contractors on your side, also the local politicians, building trades unions, etc., I suppose it’s easy to be patient).

Will Parish is a new-comer of sorts to this (a new-comer in California? Is that an oxymoron?). He’s been up here in Mendocino County for just four years, and we’re very lucky for it. Will grew up in Santa Cruz, his parents teachers, his home fronting a Redwood forest, his childhood sanctuary. Will went to UC Santa Cruz, majoring there in Sociology and Journalism. The administration apparently considered the Journalism School a problem (a sure sign it was doing its job), and used the 2003 round of cuts to get rid of it. Will reckons he’s the last of its graduates.

Will, as a journalist, sought out issues of power and war; he dug into the roots of the Bay Area’s war connections, in particular those in the UC system – no shortage of material there. Nuclear weapons, nuclear power appalled him. And he combined writing with activism; he is a journalist in the best tradition of our muckrakers, a writer “with his boots on the ground”. This is a good expression, I think; I’m taking it from my mentor, the late Edward Thompson, in his own time a relentless opponent of the war machine, of nuclear weapons in particular, writer and activist.

Close Counterpunch readers will remember Will’s many contributions including:  How Imperial San Franciscans Loot the Planet (February 26-28 2010 with Darwin Bond-Graham) and Who Runs the University of California?  (March 01, 2010 with Bond-Graham).  And here in wine country his focus has been the burgeoning wine industry: see pieces including In the Shadow of the Gallos; Sonoma County, Banana Republic of Wine Grapes (January 21-23, 2011).

In Mendocino Will began with a focus has been the burgeoning wine industry, its owners, its workers and its place in the economy (see, for example, In the Shadow of the Gallos; Sonoma County, Banana Republic of Wine Grapes, Counterpunch, January 21-23, 2011). And on the wetlands of the Little Lake Valley.

“When I first came here, Willits, I fell in love with the tranquility here, with the mountains, the boggy marshes, the grasslands, the eco-diversity, the space. And no freeway. The 101 stops just south of Willits – that makes it a different world here.

“My journalism, my practice, has always been to scan the horizon, to look for the most pressing problems, to look for the problems that most need addressing.

“The bypass issue struck me as a really big problem, a thing that really needed addressing.  And that meant getting involved; I can’t write and not be involved.” (See “The Insanity of the Willits Bypass”, in the Ukiah Blog, January 8th, 2013)

Here’s an example:

“As Willits’ settlers set about gridding the land and marketing it to cattle ranchers and timber merchants, they rapidly removed the wetlands. They did the same to the Pomo villagers and wildlife — waterfowl, pelicans, vast herds of Tule elk and antelope, etc. — that had dwelled among the marshes and springs for so long. The early Euroamerican pioneers incised streambeds, redirected creeks, constructed artificial drainage ditches, and ripped apart the hardpan layers of topsoil that contained the water, allowing it to seep slowly into the ground.

“Some of the moisture that time had stored on the land remains, though, most notably within the marshy area on the north end of the valley, extending across Route 101 on the west and Reynolds Highway on the east. The area acts as a collection point for three creeks that flow through the valley. It is then drained by Outlet Creek, a tributary of the Eel River. Among its other contributions to what might be called the “real world” of inland Mendocino County, Outlet Creek provides the longest remaining run for the endangered Coho salmon of any river tributary in California.

In June, Will climbed a wick drain “stitcher”, a giant machine there to plant tens of thousands of drainage tubes along the path of freeway construction, tubes to drain the wetlands and stabilize the earth upon which the highway will be built – in the process destroying Little Lake Valley wetlands, the largest Northern California wetlands to be drained in any single project in the past fifty years. So David and Goliath again. Will: “Caltrans is a scofflaw agency that, by virtue of a failed political and regulatory system, is facing no other forms of real accountability for causing immense and probably irreversible destruction of Little Lake Valley.”

An important argument in this entire conflict is that the whole project is illegal, Caltrans having violated nearly every regulation possible.

“I threw myself in because the more I came to understand this the more upset I became. The Willits project epitomizes so much of everything that is wrong; it epitomizes the power dynamics that underlie all the problems I see in society.”

Will lived on a platform, more than fifty feet up, for eleven days. Will is six foot five, no, not a basketball player, rather tennis, a large, attentive, kind man, hair flowing like Clay Matthew’s, only dark brown. Gentle, yes. Passive, no. Will on the stitcher was a figure not to be missed. And the California Highway Patrol (CHP) took every precaution in bringing him down – precaution meaning that they overwhelmed him, attacking with swat teams, climbing specialists (a career path), hoisted in giant bucket loaders, prepared with saws specifically designed to cut him loose. But not until the entire project had been halted.

This story has not generated the emotion, the energy of Julia Butterfly Hill’s but it demands our attention, as do dozens of such projects here in California’s Northwest. They are fundamental contests. They are about our future. In the stitcher Will lived in a sort of house arrest, surrounded on the ground by dozens of the small army of CHP troopers brought into Willits. He was deprived of food; the CHP even arrested six people who attempted to bring him supplies. He went six days without food, surviving an unseasonal rain storm, also bitter cold.

Construction started in February, 2013, but was delayed until spring. Will was not the first to be arrested. There were others, tree sitters, people who sat down in the paths of bulldozers (West Bank weapons) – fifty people in all have been arrested, these people too demand our support. They include a core of those who have kept this crusade alive, all these years. In truth, it’s been a small group that has kept this issue alive; many were the young at heart – often 50, 60, even 70 year olds, but tenacious. Against them the troopers, the choppers, the armed vehicles.

Will is charged with trespassing, “unlawful entry”. (He is also charged with two “resisting arrests”.) So Will and his supporters expected him to be charged with two or three two misdemeanors. Some tree sitters have yet to be charged with anything. The Mendocino County District Attorney, David Eyster, typical of the small town bullies we suffer as DA’s, offered a plea bargain, but this left Will subject to restitution. Will refused, asked for a jury trial. Infuriated, Eyster made a package of the misdemeanors; charging Will instead with 16 misdemeanors, these with a cumulative maximum eight-year jail sentence. As it happens, Caltrans then piled on with a demand for $490.000.02 in restitution.  The costs of delay!

I have heard it said that the sentence demanded in this case is unusual, harsh in nominally liberal and eco-friendly Mendocino County. True, this isn’t South Carolina, and it is also true that there is something of a history of tolerance in this County. And there is radicalism of a certain kind; many here are on alert for peak oil, Fukushima, broken bridges, marine protectors, black choppers. And thank heavens for it. But, for the few who will remember, Tony Craver and Norm Vroman are gone. Still, there is a curious way in which Eyster relates to the growers, so he often gets a pass. But he’s not on his own, he’s certainly not the only bully in the County, and he’s not the only one who is happy to not see our biggest industries’ bad behaviors.

Will has lived up to his self-pledge to seek out the most pressing problems, and to get to the bottom of them.  In this case he’s found wetlands. And water, fundamentals for all California, and no small concern here in California, now in the grips of an historic drought. Wetlands take us to water and water to the growers. The grape growers here are not mom and pop operations; they are more likely Silicon Valley veterans, wealthy people with more money than they know what to do with.  They come here to concoct boutique wines; but premium wine production touches everything, from the price of land to the very structure of labor, and not for the better. They create the groomed landscape that the Anderson Valley has become. But they also consume the water; now, as we await our rainy season, we have dry creeks and depleted rivers. And they bring pesticides, and all the nasty environmental procedures that are the unmentionables in an eco-friendly County. And these are not on David Eyster’s agenda. And salmon that still don’t come back. Will Parrish is our Lincoln Steffens (The Shame of the Cities, 1904). And they don’t like him.

There is a similar story with our biggest industry, that is, with “the crop”, marijuana. Of course it’s an underground economy; of course it has its victims, its innocents. Yet it too is extractive in the worst senses; it too drains our streams, poisons them, it drives up the price of land, it too takes the profits away. It creates our culture of secrecy; ask no questions, it stretches out the class divide while thriving on illusions of community. No wonder Mendocino is still a poor County, its schools struggle, its public services all but non-existent. Our “infrastructure” crumbles – our County roads? No help from Caltrans for these. And Will has had the courage to say this.

So why is Eyster being the bully? I think we have a conspiracy here, but it’s an open conspiracy, its origins, its cast of characters is right here for all to see. Caltrans wants roads, big roads; the builders want to build. Eyster’s job, grease the wheels. It’s systemic. Why would he not be the bully? A few examples will quiet things down, or so he seems to think. He’s got Will Parrish on deck.

The 101 is named the Redwood Highway and for good reason. Its construction began in the twenties – for us in the North it begins on the Golden Gate Bridge; it then passes through a series of lovely valleys until it reaches the mountains of northern Mendocino County, then it follows the South Fork of the Eel toward Eureka and on to the Oregon border. Its initial construction was promoted as a pathway to a tourist’s paradise, that is, the motoring tourist. It opened up a new world, magnificent yet until then inaccessible. The 101 had on offer – for those with cars – giant trees, raging wild rivers, steep canyons, rugged mountains, there to see, yet all without a step out the door.

There was another intention, however. By the twenties, the coastal Redwood forests were all but exhausted; the depression of the thirties put an end to the “harvest”. There remained, however, millions of acres of old growth Redwood, just out of reach of the coastal mills. Not, however, out of reach of the truck, the bulldozer and the chain saw. The 101 cleared the way that led to the final ravaging of the forest; in sheer destruction it far surpassed that of the late nineteenth century, though the old images – man vs. tree – still dominate our imagination of this history. The result, today fewer than four percent of the old growth survives. Second and third growth forests still are cut; there is farming. But the great Redwood forests, once a common of unimaginable value, a true wonder of the world, remain only terribly wounded, and almost all as private property, no trespassing.

This part of California, its “wildest” corner, grabs people, it moves them. It’s got Will and the Willits tree sitters, Warbler and the others, the bulldozer blockaders (I think of Rachel Corrie), its geriatric Wobblies facing down the troopers. And Willits is not the only site of conflict. Caltrans wants the road widened at Richardson Grove; it wants the road up to Oregon straightened. Never mind our remaining giant trees.  Never mind the Smith River canyon, the path to the sea of California’s only undammed river.

I see the conspiracy when I drive home from the City, up the 101 to Cloverdale. It’s not hidden. The traffic on an afternoon is of course catastrophe in Northern Marin and on through Sonoma to Santa Rosa. So the solution? There are massive projects now in place, ever widening the highway, knocking down whatever is left in its path, so far almost to Windsor.

In its path, strip malls and giant box stores follow, one after another; sometimes it’s as if we’re in a tunnel of Mall. Then comes the sprawl.

And so it continues, the highways will soon be jammed again; Caltrans will push on northwards. Development. Plunder. Profit.  It’s a “primal scene”, Mike Davis (Ecology of Fear) again. The widenings, the bypasses, these are “the familiar tremors heralding an eruption of growth that will wipe away human and natural history”.

Will and his comrades see this, the insanity of it all. They understand that this will not stop at Cloverdale or Ukiah. They understand the damage being done – “to human and natural history”.

The wetlands in Little Lake Valley are small, really; they have already been damaged by the agriculturalists of a century ago. Are they worth saving? I wondered if the Willits fighters had not perhaps exaggerated.

Counterpunch readers will recognize Ignacio Chapela as the microbial ecologist and mycologist at the University of California, Berkeley, known for exposure of the flow of transgenes into wild maize.

Ignacio explains, “The highland wetlands are the basis of the health of the whole environment, this includes all the ecosystems downstream, they are the basis for everything, our water, the diversity of species, everything is at stake.”

“Will is a young investigative reporter, one of a kind. He’s not afraid of pursuing questions to their ultimate consequence. It’s not surprising at all to me that he’s working on wetlands, he understands environmental problems deeply and has the unique capacity to make these clear in his writings.

“It would be a terrible loss for California, also for environmental journalists everywhere, if he is silenced – even slowed down.

“I want to do whatever I can to do to support him and I want invite everyone to join us.”

So do I.

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Support Will in Court. Ukiah County Courthouse, 8:30 am, January 28, 2014

Send messages to: Mendocino District Attorney David Eyster at Eysterd@co.mendocino.ca.us

or to

Supervisor Fifth District, Dan Hamburg at Hamburgd@co.mendocino.ca.us

Contributions can be sent to: Little Lake Valley Legal Fund/Will Parrish, Box 131, Willits, CA  95490

Bypass Protester Gets Day in Court, Tells Why She Took Action

By Redwood Nation Earth First!

Ellen Faulkner, 74, of Redwood Valley, pled no contest to five charges of infraction trespass for arrests she incurred in March, April, May and September this year while protesting the Caltrans bypass around Willits. Faulkner received 35 hours of community service, with no probation, fines, fees or stay away order. District attorney David Eyster had offered one year probation, a 20 yd. stay away plus $350 in costs.

Unlike activist/journalist Will Parish, who scaled and occupied a wick drain tower in June, shutting down operations on the work site for eleven days, Faulkner did not request that her infractions be raised to misdemeanors in order to exercise her right to a jury trial. Instead, she made a statement to the court explaining why she took the actions she did, including locking down to equipment, resupplying the tree sitters and supporting other activists by going to jail with them.

Faulkner, a nonviolence trainer, said she wanted to model nonviolent civil disobedience by breaking the smallest possible law to make her point. “I put my body in the way to stop an infinitely greater crime from happening: the destruction of the wetlands. None of the regulatory agencies are holding Caltrans accountable for their numerous egregious violations… they have guns and force, we have only our bodies”, Faulkner said. Judge Ann Moormann praised Faulkners “speaking from the heart” and recognized Faulkners belief that what she did was right.

Citing an Aug. 28 article in The Willits News headlined “ACE: Caltrans in “Serious Breach” of Permit, Faulkner said “then they do nothing”. Caltrans has also received notices of violations from the State Water Quality Board. In September, they were stopped from hauling untested and possibly contaminated fill material from an old mill site when the County pulled its erroneously granted permit under threat of a law suit.

In a Sept. 13 letter Caltrans admitted to the Sherwood Valley Rancheria Pomo tribe that an extensive archeological site in the bypass route had been “disturbed” by being bulldozed, wick-drained and covered with three feet of soil. Tribal Chair, Mike Fitzgerald described the known site as “eviscerated” and said the tribe had requested protection of the sites but had received none.