Tue
May 8 2007
11:15 am

this is taken, with permission, from the k2k list:

Sundown in the City- Civil Rights
Posted by: "Martin Pleasant"
Mon May 7, 2007 6:18 pm (PST)

"My name is Donald Land. I am a Green Party member and active in promoting the Green Party platform to as many people as I can. I had attended the Sundown concert last thursday night and after the Wailers finished their set, I took the opportunity to speak to people.

As I was having a conversation with a group of people, (3 women with 1 child, and 1 man), the women stated they were familiar with our local Greens, left saying they would return in a few minutes. The man, later identified as Tom Martin, stayed so we could speak about the Greens.

As we were conversing, A man in a yellow blazer approached us and told us to move on and left. Both of us looked down at the sidewalk and Tom said "Isn't this a public sidewalk?" I replied "Yes it is". We resumed our conversation.

Only a minute or two later, the man came back and said " I told you guys to move on". At that time, I said to Tom" Why don't we finish our conversation over here", pointing to a area in front of the stage, and started to move in that direction. When I did, the man stepped in between Tom and I, with Tom's back to me. Tom had not moved. When the man stepped in between us, is when I saw his police badge for the first time, it had been underneath the blazer.

When I recognized him to be a police officer, I stated to him that if this gentleman moves on, the people that he is with will not be able to find him if he is not here, as there were still dozens of people milling about. He made no reply to me, instead he turned to Tom's backside, and jumped on Tom with a headlock manuever, and took Tom to the sidewalk, HARD. I should also note that Tom was holding a pizza box with both hands.

Another police officer arrived at the scene, and I stated to him that what had just happened was not right, and this officer threatened to arrest me also if I did not step away and shut up, I was already at least 10 to 12 feet away, so I did step away a few more feet, and watched quietly from about 15 feet away as they led Tom out the gate, to a police car and searched him.

I then stepped out the gate to the street sidewalk and called out, " At least, tell what his name is", to which a uniformed officer replied, Tom Martin. I then waited for the women that he was with, who returned about 5 minutes later, after the police had put Tom in a police van and took him away."

Tom would like an opportunity to tell his story
Thank You

Ennui's picture

I think it sounds like cops

I think it sounds like cops being jerks more than some sort of sanctioned oppression. I'd like to hear more, though.

Mello's picture

what are we going to have to do?

Are we all going to be restricted to a four foot by four foot space called a "Free Speech Zone" like they have at all the National Parks?

In case you missed it, there is one at the Sugarlands Visitor's Center. Just sign up and you can pass out phamplets all day long. Or at least for the hours you are assigned.

AC's picture

This is the first that I've

This is the first that I've heard of this incident and, in checking with my staff, none of them who were working the event saw or heard about this either.

The police do require that Market Square be cleared of pedestrians for a brief period following Sundown. This is part of the transition from being a controlled public space with a beer permit back to its regular no beer permit status. It also allows for the general clean up of the Square and to get the gear and trucks, etc. out in the safest and most efficient manner.
It's a pretty quick process. It is not an attempt to deny anyone their rights to free speech.

Having not witnessed or heard anything about the incident described, I can only take it at face value. But, knowing the officers that are assigned to Sundown, I can't help but wonder if there isn't a bit more to this story. It seems very out of character.

StaceyDiamond's picture

Political activity and cops at Sundown

I participated in the voter registration drive for the entire Sundown series during 2004. The organizers of the project coordinated with AC Entertainment and others before it started. We were told no partisan activity on the Square (during the concert), only voter registration and that's what we did. The people working with the Kerry campaign or others with partisan activities could campaign on the sidewalks around Krutch Park and that's what they did. I also participated in this during the 2002 campaigns on a smaller scale. In the years I've been involved in protests and politics it has always been you can do most anything on a sidewalk but not in an area that has been roped off for something else or inside buildings at UT or retail establishments.
That said, cops and crowd control seem to be provocative this year, I guess to show they can control teens drinking and get an article in the paper about it next day.
The stuff I've seen with cops at the concert, it seems they want to heckle the kids or adults, to deliberately get a confrontation started. I've seen it on the strip as well, saw a cop cursing a kid up and down in front of O'Charley's once. I've seen the UTPD use the same kind of tactics with the homeless at Tyson Park. These spaces need control, but not like this. I wonder if there is more to the above mentioned guy's story, but this behavior wouldn't be unheard of.

River Dog's picture

I go to Sundown

I go to Sundown a lot and I never see cops wearing yellow blazers. They are usually the same ones each time in uniform. They try to get people to take their beer inside and allow the cleaning crews to start picking up and the band to clear.

I wonder if this guy filed a complaint? Was he charged? Do you ever notice on these stories it is always a friend of a friend wanted me to pass this on?

Appfleurs's picture

please

Will all due respect and not a small amount of fear, I would suggest that the reason it is a "friend of a friend" who reports these things is the very real possibility of reprisal on the part of law enforcement. Anyone who thinks this doesn't happen should go back to Kansas with Dorothy and Toto. My uncle, two cousins, and brother have served on KPD. I know whereof I speak.

Somebody's picture

This reads like one of those

This reads like one of those things where there's more to the story somewhere, but who can tell?

The person who was arrested in this story, if he wishes a review of the police activity, should contact Carol Scott,
Executive Director of the Police Advisory and Review Committee at 865-215-3869. She is extremely fair-minded and will help get to the bottom of the situation.

(link...)

Bbeanster's picture

Has PARC ever found KPD in

Has PARC ever found KPD in the wrong?
I do not mean to cast aspersions at Ms. Scott, but for a long time, they hadn't.

Back when the notion of a police review commission was being discussed (this would have been during that unfortunate stretch of time when Juan Daniels and Andre Stenson et al died during/after encounters with KPD, most advocates thought it was important that the organization not be part of KPD. That position did not prevail.

It's tough to investigate oneself.

Somebody's picture

PARC has indeed found KPD to

PARC has indeed found KPD to be in the wrong at times. It is also not part of the Police Department. It is part of the City's Community Relations Department. The Internal Affairs Unit is part of the Police Department. PARC is not the Internal Affairs Unit.

It is indeed difficult to thread that needle of impartiality in matters like this. If PARC is part of City government, the potential is there for it to be (or for it to be perceived to be) biased in favor of the police. On the other hand, an organization outside the City government could be (or be perceived to be) biased against the police.

My knowledge of Ms. Scott is that she is a very pleasant and likable person, but that she calls it like she sees it, is is not inclined to take any guff off of anyone, police or civilian.

River Dog's picture

T shirt Security Maybe?

This sounds a lot like the t-shirt security they hire. How would Carol Scott have control of that??? T-shirt security is another issue in itself.

River Dog's picture

Know any good dry cleaners

Now don't take this for gospel--- but a friend of a friend of a friend "afraid of intimidation" sent this email that he was accosted by a producer of the TV show "what not to wear" beer was sloshed all over his canary yellow "blazer" now what to do??

He was going to his job as a game show host at Grotto's "Jeopardy night" and, a after the scuffle ensued this big story is circulating. It is a little soiled so anyone know any good dry cleaners near downtown?

Stan G's picture

Tom Martin's version of the

Tom Martin's version of the story is posted on K2K. The next chapter takes place in General Sessions Court next Monday morning. It will interesting to hear how the City defends the apparent unnecessary use of force by the KPD.

Edit -- It appears River Dog will be representing the City.

River Dog's picture

Thanks

Thanks for the kind words. No I won't be representing anyone, however I'll be tied up in another trial. I was pointing out we could go from a feather to a goose pretty quick on these electronic blogs without a lot of good information. Sorry if I ruffled your feathers. I extend my apologies to Mr. Martin as well.

Bbeanster's picture

The original post in this

The original post in this thread is marked "from k2k" and contains Mr. Martin's name, as well as others, so Stan and River Dog have both completely lost me.

Stan G's picture

And,we're not likely to be

And,we're not likely to be looking for you a 4:27am. I wasn't referring to your original post. Martin Pleasant has since posted Tom Martin's version of the incident on K2K.

WhitesCreek's picture

Could we get a link to the

Could we get a link to the k2k post?

Bbeanster's picture

Link to both the posts on

Link to both the posts on this topic:

(link...)

(not sure if you can get there without signing up as a member)

TM's picture

Sundown on the 1st Amendment?

Sorry i couldn't jump in sooner but it takes a couple
of days to get logged in on these things. The following
is what Martin posted for me on k2k:

Here's my recollection of how things came down.

Following a wonderful free concert by the Wailers, I was standing in Market Square talking with friends & friends of friends. My companions walked further down the square to talk to some other friends with the intention of meeting back up at the same location in a few minutes while
I continued having an interesting conversation with Donald about the Green Party. A man dressed in civilian clothing came up to us and said we either had to go into a bar or leave the square at once. We explained that we were waiting to meet some people & asked if we could simply move further
to the center. The man replied we needed to go into a bar or leave. I asked him why and he said we had to leave.

I told him I thought this was a public square and that I thought we still had the right to peaceably assemble and asked him why that was a problem. He stepped behind me, grabbed me by one arm, claimed to be a policeman,& told me to put my arms behind my back. I asked him to show me his
identification & he threw me to the ground, handcuffed me & took me to the paddy wagon. I asked him for his badge number & he refused to give it to me.

He may have been a policeman, I'm still not sure since he wouldn't provide his identification or his badge number. I though he was maybe a bar bouncer or some sort of security guard. Anyway, I'm charged with "Obstructing a Sidewalk" and "Resisting Arrest." Perhaps we no longer have the right to peaceably assemble, perhaps there is some ordinance that allows the squareto be cleared after a concert, perhaps there was some need to clear that area.If he was actually a policeman with a legitimate need or right to clear the square,he could have identified himself as a policeman with appropriate identification and explained why he needed us to go into a bar or leave the square and I would have left the square. Frankly, although he was somewhat frightening, in no way did I try to get away from him or physically resist him. This was a very surreal experience & I'm still in shock.

If you're interested in "Arbitrary & Capricious Action vs The Right of the People to Peaceably Assemble, Part II," we'll be in General Sessions Court Monday , May 14th, at 9 am.

Bob would say, "Stand up, stand up, stand up for your rights..." I intend to.

-Tom

Tom Martin
315 East Wells Hill Lane
Bulls Gap, TN 37711
423-823-0878

Carole Borges's picture

The right to clear the public square

I think this happens fairly often. Policemen sometimes react very badly to what they perceive as "disrespect to an officer". In other words if they don't like your attitude they come down hard on you. They like people to be unwaveringly compliant, ask no questions, demand no rights. If any of these protocols are breached, the policemen who are insecure freak out a little. It's lack of training really.

There are many good police officers. They are the ones who understand they are servants of the people. They don't get all emotionally upset. They know how to be civil, ommunicate well, and get things done without having to rely on drastic measures.

Clearing the public square of all people seems a bit odd to me. I've been to huge concerts in big cities and they simply pick up the trash with the lingering crowds still there. If this is a policy then signs should be posted and this fact advertised. You were caught unawares. Plus you wanted to remain there to meet your friends.

I hate it when I'm confronted by a cop who is "requesting" me to do something that makes no sense. If you question it, they can get belligerent. It's like you're personally threatening them. If you show any emotion about the situation, it just makes matters worse.

I respect the police, and I expect them to respect me.

These kinds of situations reveal who is an intelligent cop and who is a bully from high school who just took the job so they could exercise total power over people.

The good ones deserve a pay raise. The bad ones should be let go.

How does the old saying go? You can't fight City Hall? You can though try to advocate for populating city hall with customer-service oriented officials on all levels.

I assume these were city police.

Michael's picture

From the KNS

From today's KNS:
KPD Capt. David Rausch contends that Sundown in the City is a private event in a public space from the time the venue is set up to the time the stage is clear and the sidewalks are clean.

Private? Come again?
~m.

Bbeanster's picture

I used to be a big fan of

I used to be a big fan of Sundown until I witnessed something in 2001 that I'll never forget.

I was perched on the side of a planter watching as some Knox Recall folks were circulating petitions at the event -- not harassing anyone, not creating any kind of distraction, just circulating petitions around the outer fringe of the crowd -- when an AC employee (a young woman with an Aussie accent) ordered them to stop. When they didn't, she started following them around, haranguing them, threatening to call security. She was extremely rude and hostile.

Finally, she did get security there (don't recall whether it was KPD or AC), and the petition bearers were intimidated into stopping. In fact, IIRC, they were told to get off the Square.

I couldn't -- and still don't -- understand how an event held, quite literally, in the public square, funded at least in part by taxpayer money -- can be construed to be private, nor do I understand how the First Amendment can be abrogated during such an event.

This is a very interesting free speech issue, IMO.

tirado62's picture

Makes me wonder

Wow,

"KPD Capt. David Rausch contends that Sundown in the City is a private event in a public space from the time the venue is set up to the time the stage is clear and the sidewalks are clean."

For some reason this name has been coming up alot at, Sundown in the City.

Oh, did I forget to mention, not in a good way.

I wonder how many other incidents are associated with/to this person & how many are similiar (negative).

"I wish I knew."

ET

P.S. "How do I get a of my son's KPD confescated video tape that documented a good portion of the abuse. KPD won't release it and I am sure that may never surface." Any ideas?

Ennui's picture

Looking forward to the Gin

Looking forward to the Gin Blossoms, because I might not be coming back for many more. I really, really hope I am wrong but I get the idea that Sundown(as it is currently) might be jumping the shark.

It's beginning to look like a pain in the ass just to even be there.

Factchecker's picture

Jumping the shark

It's beginning to look like a pain in the ass just to even be there.

Or anywhere within several miles. Not to hijack too far off topic, but this event now routinely generates football game-style traffic jams, yet without the special traffic arrangements provided on gamedays by our law enforcement agencies.

A couple of weeks ago, I got off I-40E at Papermill just to get home via Kingston Pike to avoid the interstate malfunction junction jam that has developed on Thursday nights. Yet by the time I reached the stretch of K pike through Sequoia Hills, the eastbound traffic was like Pigeon Forge. Mostly kids w/ cell phones glued to their heads.

I resent being needlessly trapped in traffic. I like the idea of Sundown, for what it is, but I, too, am afraid it has become more of a public nuisance. I was relieved that none of the announced acts hold enough appeal for me to go this year.

As for this incident, I imagine Mr. Martin will probably get his charges dropped eventually, but it won't change the way of doing business there or make up for the man's pain, suffering, costs, or the humiliation he endured.

Up Goose Creek's picture

Gloat

I guess this is my opportunity to gloat about living in "no mans land" - easy biking distance to the city. I've also been lucky to not have business that required me driving across the river Thursday afternoons.

I didn't realize the traffic was that bad in the afternoon/evening. I assumed it would be spread out over a couple of hours.

____________________________________
Less is the new More - Karrie Jacobs

River Dog's picture

Gin Blossoms were great!

Hey A.C. if your reading book this pleas some more bands like Gin Blossoms!!

River Dog's picture

Okay let's try this again

A.C. if you are reading our blogs. Please consider more music like that of the band you had tonight, and less like some the groups that are loud, hard to understand the lyrics and attract throngs of 14 year olds.

jbr's picture

I second Steely Dan.

I second Steely Dan. Strongly. I went to Nashville to see them last year, Great seat, folks around me that were there to listen, etc. Pleasant memory. Although
I learned going to Amsouth plan ahead for the delay squeezing into their parking area.

AC's picture

River Dog - You're confusing

River Dog -
You're confusing me. First of all, I saw quite a few teenagers last night - in fact, we were commenting about how young the crowd was as we walked through last night - and the Gin Blossoms seemed no quieter than others that have played. And this year, we've had the Wailers, Scott Miller, George Thorogood, and Edwin McCain as headliners. Who was especially loud and who's lyrics didn't you understand and who among this group do you see as especially appealing to 14 year olds? (I would assume you might be referring to the Brazilian Girls, although they weren't especially loud and some of their lyrics were apparently all too well understood by some in the crowd...) At any rate, I'm glad you enjoyed the show last night, but it seemed like a pretty typical Sundown to me.
AC

bizgrrl's picture

Leon Russell! Dickey

Leon Russell!

Dickey Betts

Allman Bros.

Blues

Zydeco

StaceyDiamond's picture

Sundown

Last night was good. Everything appeared cordial except WATE said a drunk guy was found carrying a knife in the crowd. With all it's faults I still like Sundown where and how it is. The Wailers are my all time favorites. Steve Windwood was great too in 05. The Brazillian Girls rocked, totally bizzare.

River Dog's picture

Thanks A.C.

Congrats on recycling the cups, good move!

The Gin Blossoms ranked 1st and the Brazilian Girls dead last it was junk and noise.

Okay you're assessment on the kids may be correct but maybe it's time to limit entry to 18 or 21,

Thorogood was way too loud and the crowd was drunk and obnoxious. Wailers were pretty awful.

I know a lot of people agree. Probably a lot don't. Just one woman's opinion.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

TN Progressive

TN Politics

Knox TN Today

Local TV News

News Sentinel

    State News

    Wire Reports

    Lost Medicaid Funding

    To date, the failure to expand Medicaid/TennCare has cost the State of Tennessee ? in lost federal funding. (Source)

    Search and Archives