Sunday, November 20, 2011

Dangerous, Combative, and Violent...

There are a number of reasons why we, as rational individuals and citizens of this country should be outraged by this event:

Several non-aggressive, non-violent, peacefully protesting students were saturated with pepper spray at point blank range at a protest in solidarity with OWS on the UC Davis campus. I am not sure which is more chilling, the passivity with which these protesters allowed themselves to be tortured, and yes, I did say tortured... by the officer wielding the can of spray, OR the nonchalance exhibited by the officer as he blasted these kids in the face with a caustic chemical agent. This is a beautiful and heart rending example of Satyagraha, and these kids have my gratitude and admiration.

Let me share some facts I learned about this chemical agent the cops seem to be so fond of sharing.


The concept for pepper spray, or Oleoresin capsicum (OC), originated with police in India, who, as a form of torture and interrogation, used to spray mixtures of hot pepper juice into the eyes of their prisoners. Canadians further developed the idea as a form of bear repellent, and the US Postal service picked up on it as a way to keep vicious dogs from attacking mailmen. This is all fine and good, but what about its use as 'dangerous bad guy' repellent?


Seeing some potential in the pepper spray repellent, the US Army began testing Oleoresin capsicum at the Aberdeen Proving Ground, and in 1993 determined that it was dangerous, deemed it a chemical agent, and said that it could cause harmful effects such as "[m]utagenic effects, carcinogenic effects, sensitization, cardiovascular and pulmonary toxicity, neurotoxicity, as well as possible human fatalities. There is a risk in using this product on a large and varied population". (Dr. Harry Salem, Aberdeen Proving Ground, 1993).


The FBI didn't see the danger, however, and ran their own tests. Pepper spray was found by the FBI to be safe, and it is currently in use by over 2000 public safety agencies in the US. I am sure it was just coincidence that the person in charge of the FBI studies, Agent Thomas Ward, Head of the FBI's Less than Lethal Weapons Program, was receiving payments from a company called Luckey Police Products, the manufacturer of the pepper gas that Ward was conducting the tests on, and that he eventually approved as safe for use. Ward received a total of over $57,000 dollars in payments. The FBI didn't think it was coincidence, and Ward was arrested and served 2 months in jail. They didn't take pepper spray off the market though, it was still regarded as safe for use. (http://www.nytimes.com/1996/05/20/us/former-fbi-agent-is-sentenced-to-prison.html)

According to the ACLU, there is 1 death for every 600 times pepper spray is used by the police.


The LA Times has documented 61 cases of death caused by pepper spray since 1990, the ACLU has documented 22 cases of people who have died, while in police custody, from the use of pepper spray since 1993.


"Regardless of injuries and even death resulting from its use, there is not a single federal agency currently responsible for regulation." – Lynne Wilson, Covert Action Quarterly.

According the the National Institute of Justice, Oleoresin capsicum (OC), or “pepper spray,” is gaining acceptance and popularity among law enforcement officers and police agencies as a safe and effective method of incapacitating violent or threatening subjects. There is, however, a lack of objective data on OC, its risks and its benefits.”

I would like to point out the use of terms "violent," and "threatening." According to a 2001 article in the National Institute of Justice Research in Brief, the intended use of pepper spray is "as a use-of-force option to subdue and control dangerous, combative, or violent subjects in the field." According to a 2003 statement by the US Department of Justice, the intended purpose is to "subdue and arrest dangerous, combative, and violent subjects."

Dangerous, combative, violent. I didn't see any combative or violent action on the part of the UC Davis students. I don't see any dangerous, combative, or violent behavior on the part of these women at OWS in New York who were corralled in by several male police officers and then sprayed:


There was no dangerous, combative, or violent behavior exhibited by 84 year old Dorli Rainey before she was blasted in the face by pepper spray at Occupy Seattle. I am sure the priest and the 19 year old pregnant woman, who were sprayed along with her, weren't combative or violent either.

Pepper spray is intended for use on violent, dangerous criminals, NOT peaceful protesters who are exercising their constitutional right to peaceful assembly.

How are the police justified in using this agent against innocent people? Retired Philadelphia Police Captain Ray Lewis summed it up best. "Corporate America is using our police departments as hired thugs."
These thugs are using pepper spray against peaceful protesters as a form of punishment and torture, that is the only explanation, since it is not being used for its intended purpose because these people are not dangerous, they are not combative, nor are they violent. It is a tool to suppress free speech, and it is being used in violation of civil liberties, and against what the Constitution deems our "natural rights."

Whether you agree with OWS or not, these people have the right, WE have the RIGHT to peacefully and nonviolently assemble in our public places, and engage in free speech and protest. If we allow what is currently happening to continue, it will be a loss of rights for ALL of us.

These people are taking a shot of pepper spray in the face for you. Pick up the phone for them. 

Call your congressmen, write letters to editors, Representatives, city council members, university presidents, anyone and everyone, and DEMAND that this stop and that these officers are held accountable for their actions. This is the United States of America - we are not supposed to be a police state... it's up to you if we become one or not.  

The only way our democracy is not an illusion, is if we take control of it.

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