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In a message dated 01/07/01 16:25:58 Eastern Daylight Time, [EMAIL PROTECTED] 
writes:

<< This spring we finished all the preliminaries in regards
 to the the lawsuit launched against the Toronto police
 by myself and Kevin Thomas.  This lawsuit was launched
 as the result of our arrest on the charge of "Unlawful
 Assembly" which were laid as a result of our participation
 in the 1998 Reclaim the Streets Celebration in Toronto.
 The most recent hurdle, the examination for discovery,
 was an effort by both sides to examine witnesses and
 evidence that would be potentially used in court.
 
 Undertakings were made by both parties to provide
 additional evidence including, on my part, to
 try and provide copies of material I may have
 had posted around the 1998 RTS efforts in
 Toronto.
 
 This process was instructive in many ways.   In my particular
 case, the police in their defence (through their lawyers) are alleging
 a leadership role as evidenced by, among other things, my writing about
 the RTS event and encouraging participation in it through
 web postings.   This does have other potential connotations, especially
 in light of trial disclosures by police (in Hamilton around the 2000 Hamilton
 War Show and in Ottawa around the 1999 Homes Not Bombs action) that I
 seem to be a leader or organizer.  While my ego doesn't mind the claim,
 I must confess I can barely organize my filing let alone a successful action.
 
 By the fall, we are hoping to have all the transcripts from the examination
 for discovery in hand and examined.  We should then be in a position
 to finally set a date for trial.
 
 In light of recent developments (i.e. the detention of Jaggi Singh,
 the denial of bail for John Clarke), keeping alive a struggle for years
 is hard.   There are new examples of the criminalizing of dissent that
 need to be addressed.  One hopes that in dealing with the current
 crisis, one does not stop supporting other forms of resistance and
 activism against the the arrest of political activists.
 
 I was surprised to read the following piece on U.S.  RTS movement.
 The following article gives some indication of the seriousness
 that the powers-that-be are taking an effort to attack the celebration
 of life and freedom in a public space.
 
 Note:  Those wishing to help with defence costs can send donations to
 our lawyer.  Cheques should be made payable to Brian Shiller in Trust
 and mailed to Shiller Layton Arbuck, 70 Bond Street, Suite 200, Toronto,
 Ontario M5B 1X3.
 
 Brian Burch
 [EMAIL PROTECTED]
 
 +++++++++++++++++++++++++++++++++++
 
 <[EMAIL PROTECTED]> posts:
 Reclaim the Streets NYC - http://www.rtsnyc.org
 News for Anarchists & Activists:
 <http://groups.yahoo.com/group/smygo>http://groups.yahoo.com/group/smygo
 
 Is Dancing Terrorism?
 by PB Floyd
 Slingshot
 
 FBI brands Reclaim the Streets as "terrorists" - what the
 fuck have they been smoking?!
 
 In another sign that the growing anti-capitalist, anarchist,
 anti-car movement is gaining effectiveness, the FBI recently
 listed Reclaim the Streets amongst the "Threats of Terrorism
 to the United States." In a May 10 statement before the
 Senate Committees on Appropriations, Armed Services and
 Select Committee on Intelligence, FBI director Louis Freeh
 listed Reclaim the Streets as a "potential threat" to the
 United States along with assorted terrorists from Egypt and
 Lebanon.
 
 The report reads in part: "Anarchists and extreme socialist
 groups - many of which, such as the Workers' World Party,
 Reclaim the Streets, and Carnival Against Capitalism - have
 an international presence and, at times, also represent a
 potential threat in the United States. For example,
 anarchists, operating individually and in groups, caused
 much of the damage during the 1999 World Trade Organization
 ministerial meeting in Seattle."
 
 The list also included "extreme fringes of animal rights,
 environmental, anti-nuclear, and other political and social
 movements" as well as the Animal Liberation Front (ALF) and
 the Earth Liberation Front (ELF).
 
 Getting included in such a list is always both a good and a
 bad sign: it means we're doing something right and are
 threatening the system, but it also vastly increases the
 likelihood of infiltration, frame-ups based on planted
 evidence, government-sponsored internal movement "splits,"
 police use of deadly force, etc.
 
 Reclaim the Streets is actually more of a tactic than a
 movement or an organization. In 1996, activists in England
 decided to hold the first RTS "street party" by holding a
 day-time rave, complete with sound system, dancing, and
 party games, all with a political spin in a busy
 intersection. The party aimed to temporarily "reclaim" the
 street from cars and point out how capitalism and car
 culture deprive people of public space and opportunities for
 public festivals.
 
 The brilliant tactic rapidly caught on, and Reclaim the
 Streets street parties are now regularly carried out all
 over the globe. RTS goes beyond the limitations of the
 traditional "march and rally" protest by building coalition
 with the rave/dance/youth scene to create something that is
 disruptive and public like a protest, but that is also
 joyous, fun and beautiful like a party. Because it's fun and
 crosses over with the counter-culture, it's a lot easier for
 a street party to attract a large crowd.
 
 A street party can effectively shut down a business
 district, in a positive, militant yet non-threatening way.
 Instead of handing out flyers about the world we want to
 build, street parties permit a revolutionary society to be
 conducted in the here and now, right on the street for all
 to see. Any passer-by recognizes that dancing is a lot
 better looking and more fun that smog-choked asphalt. The
 asphalt is what capitalism is all about creating; a world of
 enjoyment, art, music and social intercourse is what we're
 all about creating.
 
 So it is particularly ironic and interesting that the FBI
 considers these dance-based parties as a "terrorist" threat.
 Where is the terror? Where is the violence?
 
 As far as we know, no RTS street party has ever (1)
 exploded; (2) emitted poison gas; or (3) kidnapped anyone.
 It is true that there has been flagrant (1) dancing; (2)
 loud pulsing music; (3) flyers and banners; (4) public art;
 (5) kissing. While you might say it is scary seeing the
 weird guy with the spiky hair kissing the buff longshoreman
 type out in public, it isn't exactly terrorism.
 
 Maybe the terrorism is because auto traffic gets blocked. We
 have noticed that a car bombing, like a street party, stops
 traffic until the mess can get cleaned up. But we thought
 the FBI only got involved when there was something seriously
 illegal going on or people getting hurt.
 
 After wracking our brains, we figured it must be the video
 footage on Bay Area Reclaim the Streets' web page, which
 shows a car getting flipped over during the first street
 party held in the USA on May 16, 1998.
 (<http://xinet.com/rts>http://xinet.com/rts>)
 That street party was to protest the WTO, 18 months
 before Seattle. Just for the FBI's benefit (you're reading
 this because it has the newly "terrorist" word RTS in it,
 right?) that car was donated to us by a friend to help us
 block the street. We drove it into position in the middle of
 the streets, let the air out of the tires, and flipped it.
 It was just a prop. Kinda like art, ya know? We didn't flip
 all the cars in Berkeley, as much as they might deserve it,
 because, ya know, we're about having a good party, not
 getting into fist fights with innocent people who happen to
 park in the wrong place at the wrong time.
 
 Anyway, humor aside, the FBI terrorist listing is troubling.
 Getting branded a "terrorist" is usually a precursor to
 getting your ass shot off or thrown into prison for life,
 etc. What's next, Food Not Bombs on the "10 Most Wanted
 List" for conspiracy to commit lunch?
 
 At its heart, reclaiming the streets is radical and does
 have the potential to over throw the "American Way Of Life."
 What if instead of just having a street party once every
 three months with a few hundred people, there were thousands
 of autonomous cells everywhere organizing many street
 parties around the world every single day? Picture millions
 of people dropping out from capitalism living life for joy,
 not for their bosses. Imagine people more interested in
 partying in the streets (and disrupting business as usual)
 than partying in some capitalist club. Instead of billions
 of hours wasted on MTV in some suburb, what about billions
 of hours wasted partying down on the interstate highway
 while digging it up to plant crops, bringing the whole
 capitalist, techno machine to its knees! (While, ironically,
 listening to "techno" music!) I guess that's why the FBI is
 watching.
 
 [EMAIL PROTECTED]
 
 ++++++++++++++++++++++++++++++++++++++++++++
 
 
 
 The following was the original appeal for support for this effort.
 
 FROM THE DESK OF CLAYTON RUBY
 
 Re:  LAWSUIT TARGETS USE OF "UNLAWFUL ASSEMBLY" CHARGE
 
    On Wednesday, January 25, 2000 Brian Burch and Kevin Thomas
 launched a civil suit against the Toronto police force. They are seeking
 over $500,000 in specific and general damages as a result of their
 experiences when they were charged with Unlawful Assembly while
 present at a peaceful 1998 Reclaim the Streets protest in downtown Toronto.
 
    Taking this action was not an easy decision to make. However, it
 was felt that something had to be done to respond to the growing
 criminalization
 of public protest in Canada.
 
    Denial of Charter guarantees of the rights of assembly and expression
  should not go unchallenged.  Thomas and Burch felt that allowing police
 broad-ranging power to detain people who are merely present at a peaceful
 demonstration can lead to even further injustices down the road.
 
    After many pre-trial appearances and a five-day trial, a mistrial
 was declared and the crown chose to withdraw the charges. Brian
 Shiller, a well respected civil lawyer, agreed to pursue a civil action
 arguing that charging the two defendants with unlawful assembly and
 proceeding to trial violated their Charter rights.  With his guidance, a
 suit alleging violations of sections 2, 7, 8 and 9 of the charter was
 prepared and launched.
 
    The suit is against a number of individual officers, the
 Toronto Police Department and the Toronto Police Services Board.
 
    Legal actions are expensive. Defending the right to peacefully
 assembly and not be subject to arbitrary arrest is an ongoing battle of
 which this case is a small but potentially significant part. I urge all those
 concerned with civil liberties to financially assist Burch and Thomas in
 their efforts to fight back against police abuses.
 
    Cheques should be made payable to Brian Shiller in Trust and mailed
 to Shiller Layton Arbuck, 70 Bond Street, Suite 200, Toronto, Ontario M5B
 1X3.
 
 
 Sincerely,
 
 
 
 
 
 Clayton Ruby
  >>




______________________________________________________________________
To unsubscribe, write to [EMAIL PROTECTED]




This spring we finished all the preliminaries in regards
to the the lawsuit launched against the Toronto police
by myself and Kevin Thomas.  This lawsuit was launched
as the result of our arrest on the charge of "Unlawful
Assembly" which were laid as a result of our participation
in the 1998 Reclaim the Streets Celebration in Toronto.
The most recent hurdle, the examination for discovery,
was an effort by both sides to examine witnesses and
evidence that would be potentially used in court.

Undertakings were made by both parties to provide
additional evidence including, on my part, to
try and provide copies of material I may have
had posted around the 1998 RTS efforts in
Toronto.

This process was instructive in many ways.   In my particular
case, the police in their defence (through their lawyers) are alleging
a leadership role as evidenced by, among other things, my writing about
the RTS event and encouraging participation in it through
web postings.   This does have other potential connotations, especially
in light of trial disclosures by police (in Hamilton around the 2000 Hamilton
War Show and in Ottawa around the 1999 Homes Not Bombs action) that I
seem to be a leader or organizer.  While my ego doesn't mind the claim,
I must confess I can barely organize my filing let alone a successful action.

By the fall, we are hoping to have all the transcripts from the examination
for discovery in hand and examined.  We should then be in a position
to finally set a date for trial.

In light of recent developments (i.e. the detention of Jaggi Singh,
the denial of bail for John Clarke), keeping alive a struggle for years
is hard.   There are new examples of the criminalizing of dissent that
need to be addressed.  One hopes that in dealing with the current
crisis, one does not stop supporting other forms of resistance and
activism against the the arrest of political activists.

I was surprised to read the following piece on U.S.  RTS movement.
The following article gives some indication of the seriousness
that the powers-that-be are taking an effort to attack the celebration
of life and freedom in a public space.

Note:  Those wishing to help with defence costs can send donations to
our lawyer.  Cheques should be made payable to Brian Shiller in Trust
and mailed to Shiller Layton Arbuck, 70 Bond Street, Suite 200, Toronto,
Ontario M5B 1X3.

Brian Burch
[EMAIL PROTECTED]

+++++++++++++++++++++++++++++++++++

<[EMAIL PROTECTED]> posts:
Reclaim the Streets NYC - http://www.rtsnyc.org
News for Anarchists & Activists:
<http://groups.yahoo.com/group/smygo>http://groups.yahoo.com/group/smygo

Is Dancing Terrorism?
by PB Floyd
Slingshot

FBI brands Reclaim the Streets as "terrorists" - what the
fuck have they been smoking?!

In another sign that the growing anti-capitalist, anarchist,
anti-car movement is gaining effectiveness, the FBI recently
listed Reclaim the Streets amongst the "Threats of Terrorism
to the United States." In a May 10 statement before the
Senate Committees on Appropriations, Armed Services and
Select Committee on Intelligence, FBI director Louis Freeh
listed Reclaim the Streets as a "potential threat" to the
United States along with assorted terrorists from Egypt and
Lebanon.

The report reads in part: "Anarchists and extreme socialist
groups - many of which, such as the Workers' World Party,
Reclaim the Streets, and Carnival Against Capitalism - have
an international presence and, at times, also represent a
potential threat in the United States. For example,
anarchists, operating individually and in groups, caused
much of the damage during the 1999 World Trade Organization
ministerial meeting in Seattle."

The list also included "extreme fringes of animal rights,
environmental, anti-nuclear, and other political and social
movements" as well as the Animal Liberation Front (ALF) and
the Earth Liberation Front (ELF).

Getting included in such a list is always both a good and a
bad sign: it means we're doing something right and are
threatening the system, but it also vastly increases the
likelihood of infiltration, frame-ups based on planted
evidence, government-sponsored internal movement "splits,"
police use of deadly force, etc.

Reclaim the Streets is actually more of a tactic than a
movement or an organization. In 1996, activists in England
decided to hold the first RTS "street party" by holding a
day-time rave, complete with sound system, dancing, and
party games, all with a political spin in a busy
intersection. The party aimed to temporarily "reclaim" the
street from cars and point out how capitalism and car
culture deprive people of public space and opportunities for
public festivals.

The brilliant tactic rapidly caught on, and Reclaim the
Streets street parties are now regularly carried out all
over the globe. RTS goes beyond the limitations of the
traditional "march and rally" protest by building coalition
with the rave/dance/youth scene to create something that is
disruptive and public like a protest, but that is also
joyous, fun and beautiful like a party. Because it's fun and
crosses over with the counter-culture, it's a lot easier for
a street party to attract a large crowd.

A street party can effectively shut down a business
district, in a positive, militant yet non-threatening way.
Instead of handing out flyers about the world we want to
build, street parties permit a revolutionary society to be
conducted in the here and now, right on the street for all
to see. Any passer-by recognizes that dancing is a lot
better looking and more fun that smog-choked asphalt. The
asphalt is what capitalism is all about creating; a world of
enjoyment, art, music and social intercourse is what we're
all about creating.

So it is particularly ironic and interesting that the FBI
considers these dance-based parties as a "terrorist" threat.
Where is the terror? Where is the violence?

As far as we know, no RTS street party has ever (1)
exploded; (2) emitted poison gas; or (3) kidnapped anyone.
It is true that there has been flagrant (1) dancing; (2)
loud pulsing music; (3) flyers and banners; (4) public art;
(5) kissing. While you might say it is scary seeing the
weird guy with the spiky hair kissing the buff longshoreman
type out in public, it isn't exactly terrorism.

Maybe the terrorism is because auto traffic gets blocked. We
have noticed that a car bombing, like a street party, stops
traffic until the mess can get cleaned up. But we thought
the FBI only got involved when there was something seriously
illegal going on or people getting hurt.

After wracking our brains, we figured it must be the video
footage on Bay Area Reclaim the Streets' web page, which
shows a car getting flipped over during the first street
party held in the USA on May 16, 1998.
(<http://xinet.com/rts>http://xinet.com/rts>)
That street party was to protest the WTO, 18 months
before Seattle. Just for the FBI's benefit (you're reading
this because it has the newly "terrorist" word RTS in it,
right?) that car was donated to us by a friend to help us
block the street. We drove it into position in the middle of
the streets, let the air out of the tires, and flipped it.
It was just a prop. Kinda like art, ya know? We didn't flip
all the cars in Berkeley, as much as they might deserve it,
because, ya know, we're about having a good party, not
getting into fist fights with innocent people who happen to
park in the wrong place at the wrong time.

Anyway, humor aside, the FBI terrorist listing is troubling.
Getting branded a "terrorist" is usually a precursor to
getting your ass shot off or thrown into prison for life,
etc. What's next, Food Not Bombs on the "10 Most Wanted
List" for conspiracy to commit lunch?

At its heart, reclaiming the streets is radical and does
have the potential to over throw the "American Way Of Life."
What if instead of just having a street party once every
three months with a few hundred people, there were thousands
of autonomous cells everywhere organizing many street
parties around the world every single day? Picture millions
of people dropping out from capitalism living life for joy,
not for their bosses. Imagine people more interested in
partying in the streets (and disrupting business as usual)
than partying in some capitalist club. Instead of billions
of hours wasted on MTV in some suburb, what about billions
of hours wasted partying down on the interstate highway
while digging it up to plant crops, bringing the whole
capitalist, techno machine to its knees! (While, ironically,
listening to "techno" music!) I guess that's why the FBI is
watching.

[EMAIL PROTECTED]

++++++++++++++++++++++++++++++++++++++++++++



The following was the original appeal for support for this effort.

FROM THE DESK OF CLAYTON RUBY

Re:  LAWSUIT TARGETS USE OF "UNLAWFUL ASSEMBLY" CHARGE

    On Wednesday, January 25, 2000 Brian Burch and Kevin Thomas
launched a civil suit against the Toronto police force. They are seeking
over $500,000 in specific and general damages as a result of their
experiences when they were charged with Unlawful Assembly while
present at a peaceful 1998 Reclaim the Streets protest in downtown Toronto.

    Taking this action was not an easy decision to make. However, it
was felt that something had to be done to respond to the growing
criminalization
of public protest in Canada.

    Denial of Charter guarantees of the rights of assembly and expression
 should not go unchallenged.  Thomas and Burch felt that allowing police
broad-ranging power to detain people who are merely present at a peaceful
demonstration can lead to even further injustices down the road.

    After many pre-trial appearances and a five-day trial, a mistrial
was declared and the crown chose to withdraw the charges. Brian
Shiller, a well respected civil lawyer, agreed to pursue a civil action
arguing that charging the two defendants with unlawful assembly and
proceeding to trial violated their Charter rights.  With his guidance, a
suit alleging violations of sections 2, 7, 8 and 9 of the charter was
prepared and launched.

    The suit is against a number of individual officers, the
Toronto Police Department and the Toronto Police Services Board.

    Legal actions are expensive. Defending the right to peacefully
assembly and not be subject to arbitrary arrest is an ongoing battle of
which this case is a small but potentially significant part. I urge all those
concerned with civil liberties to financially assist Burch and Thomas in
their efforts to fight back against police abuses.

    Cheques should be made payable to Brian Shiller in Trust and mailed
to Shiller Layton Arbuck, 70 Bond Street, Suite 200, Toronto, Ontario M5B
1X3.


Sincerely,





Clayton Ruby








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