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Olympia Municipal Code

Submitted by The Fire Inside on Fri, 05/02/2008 - 4:55pm.

The Olympia Municipal Code is the way for local government to create and enforce laws which are specific to Olympia's needs.

Over the last six months, we have seen:

This

This (which I do realize is at the state capitol and would require a change to the Revised Code of Washington)

This

And this

By now you're getting the point: not only are people coming to Olympia to incite civil disturbances, they are doing so while hiding their identity to carry out illegal activities.

As we saw in another thread, law enforcement must conduct their operations in the open view of the public.

At least fifteen years ago, the State of California added section 185 to the California Penal Code. Section 185 reads:

Section One Hundred and Eighty-five. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of:
One - Evading or escaping discovery, recognition, or identification in the commission of any public offense.
Two - Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

The Attorney General's Office for the State of California actively lists penal code section 185 among numerous other penal code sections which "If you are the victim of or a witness to any of the activities described by these statutes, immediately contact your local law enforcement or police agency."

I'm attempting to find case law on penal code section 185, but I have a feeling that if the State of California is still active in promoting its existence, the courts must have come back favorably since its enactment.

It's time for the Olympia City Council to explore adding section 185 of the California Penal Code to the Olympia Municipal Code.

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Let's see how long this one

Submitted by Ehver Green on Fri, 05/02/2008 - 5:00pm.

Let's see how long this one takes to make the front page.

Works for me - but of course

Submitted by Merwyn Haskett on Fri, 05/02/2008 - 5:00pm.

Works for me - but of course the criminals, their enablers and supporters will cry foul.

I have mixed feelings about it, but...

Submitted by Guglielmo on Fri, 05/02/2008 - 5:23pm.

The guy posing in front of JB is clearly exercising free speech in my opinion. The mask is representational and appears to be meant to convey a political message. On the other hand, the others are clearly wearing masks to hide their identities for the purpose of commiting crimes. I'd like to see a way to discourage the latter without restricting the former. The California statue appears to do that. I say Olympia should give it a try.

Perhaps a PM to one of the docents would get this to the front page if it's important to you.

I think this is incredibly pertinent

Submitted by Norm on Fri, 05/02/2008 - 5:24pm.

Ask for a front-page spot.

If you're talking to me, I'm

Submitted by The Fire Inside on Fri, 05/02/2008 - 5:57pm.

If you're talking to me, I'm not going to.

I just write and if it's on the front page, awesome. If not I won't lose any sleep. I think people will find the thread regardless.

I am disappointed my brown underwear post fell into the technical abyss, though.

I say you put on a mask, you get hit with the club

Submitted by Mike on Fri, 05/02/2008 - 5:42pm.

You are free to put on the mask, then you are free to stretch out on the pavement. Pretty simple.

Tonto would have been fine, the Lone Ranger would have gotten a few lumps.

Also, DNA samples on the club belong to the club owner

Submitted by Mike on Fri, 05/02/2008 - 5:45pm.

but only if the club noises do not exceed 65 decibels.

nt

Submitted by Guglielmo on Fri, 05/02/2008 - 5:56pm.

I don't condone the wearing

Submitted by jlw on Fri, 05/02/2008 - 5:57pm.

I don't condone the wearing of masks or the use of violence, but I do feel compelled to bring up the fact that riot gear hides cops' identities, too, and lots of times they refuse to give their name and badge number to citizens who ask for it.

The code is written...

Submitted by The Fire Inside on Fri, 05/02/2008 - 6:05pm.

So that it is a misdemeanor to conceal your identity in order to carry out a crime.

Acting on behalf of the state in the scope of your duty - in this example, crowd control - is not a violation of the code.

I don't think you'll find a judge who will side with the complainant that an officer - in a tense situation where the outcome has not been resolved - is obligated to answer questions from the public at large.

And, the police here wear

Submitted by Just another voice on Fri, 05/02/2008 - 6:24pm.

And, the police here wear the badge number on their helmets during riots, or at least during the port protests, so I don't think it is an excuse that the police are concealing there identity.

But I am Just Another Voice

this argument assumes that

Submitted by rosscowman on Fri, 05/02/2008 - 8:07pm.

this argument assumes that legality as defined by the state justifies an action. Judges usualy side with the officers. They did when steve edwards got killed.

this argument assumes that

Submitted by The Fire Inside on Fri, 05/02/2008 - 9:55pm.

this argument assumes that legality as defined by the state justifies an action.

I don't think it's taking the side of the state as much as it takes into account representatives of the state aren't machines.

The court considers and weighs what a reasonable person would do in a similar situation. Judges also consider the information the law enforcement officer possessed at the time the action was taken.

Judges usualy side with the officers.

See above.

Whatever one wants to wear is cool

Submitted by Laurian on Fri, 05/02/2008 - 6:27pm.

It's the actions by which one should be judged. (and convicted if found guilty of a crime)

In this world of increased surveillance of those exercising their constitutional rights, it can make sense to assume an alternate public persona. If you hide behind a bandanna recent history has shown suspicion of your intent is reasonable, but regardless of history, prior restraint is still not acceptable.

This is an example of why I'm so pissed off at what happened. A handful of assholes are f*cking thing up for real activists concerned with real issues and want to protect themselves from persecution.

Still pissed.

HA!

Submitted by The Original Yoda on Fri, 05/02/2008 - 7:45pm.

I like the part about false whiskers but what about the reverse?

Technically, you could grow a beard, throw a rock, shave your beard and not be in violation of 185? Disguise by shaving is not covered.

LOL

Submitted by security_six on Fri, 05/02/2008 - 7:48pm.

Let your hair and beard grow out all year, break something then get a haircut/shave.

Life's a reach, then you jibe.

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