Every UC Berkeley student has experienced stress juggling midterms, relationships and jobs. Few, though, can imagine a world where every moment they spend on campus is shaded by the pall of potential arrest. 12 of 13 Occupy Cal protesters being charged with misdemeanors for their alleged actions on Nov. 9 now live that reality, having been issued stayaway injunctions that restrict their time on campus. The injunctions are unjust and should not have been ordered.
This week, an Alameda County Superior Court judge barred 12 UC Berkeley students from coming within 100 feet of campus property, other than to attend class or fulfill employment duties, among other exceptions. Stay-away orders are generally reserved for cases in which an imminent threat of further violence or damage exists. But in this instance, the accused present no such risk to the campus or its community. These orders seem to exist solely as a form of punishment for individuals yet to be convicted of any crime.
Each injunction, according to the county district attorney’s office, will be tailored to each student’s situation. They will be allowed to go to class and live in universityowned property. Moreover, UCPD spokesperson Eric Tejada has implied that those found violating the stay-away will face subjective evaluation as to whether they should be detained. Given these indications from the parties responsible for enforcing the injunctions, the judge’s decision is revealed as a petty misuse of the law.
Indeed, if so many measures are being taken to allow the charged protesters to go about their lives, then the injunctions serve little purpose. Rather, they only cause undue distress for the defendants who received them. It is in the court’s interest to prevent further protests, yes. These orders, however, do nothing to stop another Nov. 9. Largescale demonstrations do not occur simply because Ricardo Gomez — one of the students issued a stayaway — is hanging around campus between class, for example.
Though some affectionately mock this city as “The People’s Republic of Berkeley,” our campus does not exist in a police state. No student should have their lives so dramatically interrupted for exercising their right to free speech. At this point, these 12 are guilty of nothing more.
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Funny how the same Senior Editorial Board that is SO concerned with “freedom of speech” is now moderating and flagging comments. Hypocrisy, anyone?
Where has it been stated that all 12 are current UC Berkeley students? I have yet to see this confirmed by anyone official. I suspect it’s closer to less than half that number.
[Every UC Berkeley student has experienced stress juggling midterms,
relationships and jobs. Few, though, can imagine a world where every
moment they spend on campus is shaded by the pall of potential arrest.]
Who really fears “potential arrest” except for criminals and the uber-left activists who seek to force confrontations with people who represent authority? You children are quite the delusional ones…
They’re not just suffering the consequences of “exercising their right to free speech”, DC. You guys sound like deluded little college kids when you try to frame it that way (oops, you are). And the reason few of us can imagine a situation like the one these guys are in is because most of us who dissent don’t physically interrupt campus cops when they’re enforcing school policy on shit like public camping (no, Occupy isn’t so special that it’s above the law on camping).
Lastly, I don’t think you understand why this city is occasionally chided for being “the people’s republic of …”. It’s not because we’re a quasi police state, but because our most vocal activists, who swarm here from all over the country to jump on the bandwagon, are so extremely left of center that we are likened to a socialist republic somewhere in Asia. Get it?
Man, sometimes you guys really get it and sometimes … not so much.