Protest criminalised at the "pepper spray" university

An open letter to Yolo County.

Sometime in July, in a court in Yolo County, California, eleven students and one professor at the University of California Davis will stand trial, accused of the “willful” and “malicious” act of protesting peacefully in front of a bank branch situated on their University campus.

There has been in recent months a great deal of online coverage of the brutality of public order policing at Davis. The treatment of the Davis Dozen, however, promises more longstanding injury. If found guilty, each faces charges of up to eleven years in prison and $1 million in fines.

The immediate history of the case stretches back to autumn 2008, when state budget cuts trickled down to the partly state-funded University of California. The administration of that University responded by announcing that tuition fees would be increased by 32%, prompting several months of vocal student protests and campus occupations, violently suppressed by the state authorities.

As the collapse of the US banking sector caused the State of California to withdraw its funding for its public Universities, those same Universities turned to the banking sector for financial support. On 3 November 2009, just two weeks before riot police would end a student occupation at UC Berkeley by firing rubber bullets and tear gas at the students and faculty gathered outside, the University of California Davis announced on its website a new deal with US Bank, the high street banking division of U.S Bancor, the fifth largest commercial bank in the United States.

According to the terms of that deal, US Bank would provide UC Davis with a campus branch and a variable revenue stream, to be determined by the University's success in urging its own students to sign up for US Bank accounts. In return UC Davis would print US Bank logos on all student ID cards, which from 2010 would be convertible into ATM cards attached to US Bank accounts. Just at the moment when, on the campus of UC Berkeley, riot police were beating up and shooting students who protested against austerity, fee increases, and their handmaiden, debt, the management of UC Davis was selling the debt of its own students to U.S. Bancor, the corporate beneficiary of “austerity.”

The poet and critic Joshua Clover, who has written extensively on those police actions, is among the twelve who sat down in front of the Davis branch of US Bank in protest, and who now faces the prospect of sitting in a cell in the Monroe County Detention Center until 2024, has argued that “the rise in tuition and indebtedness simply is the militarization of campus”. These processes, Clover says, “are one and the same”. The claim concerning police violence will not seem exaggerated to anyone who has watched the videos on You Tube of the police action at Davis.

The sit-down protests outside the UC Davis Branch of US Bank, in which the “UC Davis Dozen” were only a few of many participants, were not only peaceful; they were, in effect, the active demilitarization of campus. Their point was to make explicit the connection between corporate banking, state austerity and an increasingly militaristic police presence in universities.

US Bank closed its branch in the UC Davis Memorial Union Building in March. The sit-down protests were a success. That such effective protest cannot be tolerated is evident from the response of the University administration and the Yolo County District Attorney. The charges against the Davis Dozen have a notable history of service: “Obstructing movement in a public place” was an indictment invented to criminalise homelessness in Alabama. The Davis Dozen are to learn – on behalf of everyone affected by austerity – that protest against the conditions which lead to homelessness is criminalised by the same legislation that makes homelessness illegal. For the bankers, millionaire University administrators and state functionaries for whom “revenue” is to be maximised no matter what the cost to the people they serve, this paradox is no paradox at all.

We are grateful to the Davis Dozen for the example of principled and eloquent bravery in response to intolerable extensions of police and corporate power at a time when the poorest are being deterred from university study by the prospect of unmanageable debt. We, internationally located artists, critics, and writers, ask that the Davis Dozen be acquitted of these extraordinarily severe and ignoble charges, to which they have courageously pleaded “not guilty”.


Dr. David Nowell-Smith, Université Paris VII - Denis Diderot, Prof. Robert Hampson, Royal Holloway, Dr. Daniele Pantano, Edge Hill University, Olivier Brossard, Maître de conférences, littérature américaine, Université Paris Est-Marne la Vallée, David Gorin Jean-Jacques Pouce, Fellow, Internationales Kolleg Morphomata, Genese, Dynamik, Medialität kultureller Figurationen, Daisy Fried Abigail Lang, Maître de conférences (Associate Professor), Université Paris-Diderot, Paris, Michelle Levy Schulz Dominique Pasqualini, Directeur de l'école EMA Fructidor (School of media and fine arts, Director), Chalon-sur-Saône, Sean Bonney, Marianne Morris, poet, UC Falmouth, Keston Sutherland, Reader in English, University of Sussex, Orlando Reade, University of Cambridge Binh Nguyen, San Diego, CA, Janet Holmes, Boise State University B, arry Schwabsky, art critic, The Nation, Robert Kiely, Birkbeck College Kent Johnson John Wilkinson, poet, Professor of Practice in the Arts, University of Chicago Alvin D. Greenberg, Boise State University Dr. Alberto Toscano, Department of Sociology, Goldsmiths Stacy Blint, Disappearing Books Katy Balma, Fulbright Fellow and Teaching Assistant, University of Connecticut Wendy Battin, poet and essayist David Lau, Lana Turner Magazine Nick-e Melville, poet and lecturer at Motherwell College, Scotland Peter Phillpott, Great Works, Patrick Pritchett, Lecturer, History and Literature, Harvard University Robert Archembeau, Professor of English, Lake Forest College (Illinois) Rob Holloway, Joseph Kaplan, Dr. Jeffrey Pethybridge, Susquehanna University Dr. Don Stinson, Northern Oklahoma College George Cunningham, Hansa Arts Joseph Walton Hugh McDonnell, University of Amsterdam Megan Kaminski, Creative Writing Lecturer, University of Kansas Jose A. Alcantara K.E Allen, Lecturer in English, Comprehensive Studies Program, University of Michigan Allan Peterson, Gulf Breeze, FL Siobain Walker Dr. Nina Power, Senior Lecturer in Philosophy, University of Roehampton Francesca Lisette Caitlin Doherty, University of Cambridge Frances Richard, Barnard College Ryan Dobran, University of Cambridge Dr. Cathy Wagner, Miami University, OH John Bloomberg-Rissman, University of California, Riverside Carla Harryman, Associate Professor of Literature, Eastern Michigan University Robert Ellen Joel Duncan, University of Notre Dame Jared Schickling, Adjunct Professor, Humanities Division, Niagara Count Community College Dr. Ian Patterson, Fellow, Tutor, Director of Studies in English,  Queens' College, University of Cambridge Dr. Lisa Samuels, Associate Professor, University of Auckland, New Zealand Ian Heames, University od Cambridge Prof. Alex Davis, University College Cork John Temple Jonathan B. Highfield Dr. Jennifer Cooke, Lecturer in English, Loughborough University Dr. Zoe Skoulding, Bangor University Kashka Georgeson David Grundy, University of Cambridge Luke McMullan Josh Robison, University of Cambridge Josh Stanley, Phd Student, Yale University Luke Roberts, Phd candidate, University of Cambridge Gareth Durasow.

People protest after the pepper spray incident at UC Davis. Photograph: Getty Images
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Must I unremember the day I wept over the long, slow suicide of a 27-year-old man?

At that time we did talk about the occupation of Ireland. Now we have to pretend we didn’t and it’s all the jolly UK and thank you, England for the peace process.

The misremembering of history interrupts these tales of my own squalid past. Very often I find myself wishing my memories were wrong, or that I’d forgotten more than I have. This would certainly be the case were I to be a politician, albeit a small-time one in big-time government. In the era of renunciations and sincere apologies, I would have to say sorry most of the time.

But I can’t. I can’t get past that clear day in May 1981, when the tangy cold spring air of a New York day got right inside me. Ambling home from another long, messy night in the Village, I was near 52nd when I saw people carrying a coffin.

“It’s not him, of course. It’s a fake coffin,” said a woman who saw the shock on my face. Maybe I was already crying. I knew and didn’t know but asked anyway.

“Yes. Bobby.”

Bobby Sands had died. Crowds were gathering with banners about Smashing Long Kesh and Smashing Thatcher.

The shock of it has never left me and God knows “martyrs” come two a penny now. Yet the idea that someone can starve themselves slowly to death for an idea is shocking. The idea that someone can let them do it, either “for” a United Ireland or “for” a United Kingdom, remains profoundly disturbing to me.

I need no lectures about what vile and murderous bastards the IRA were, or the numbers of innocents they killed. Nor about the smeary sentimentality of martyrdom itself. All I can say is that I had little idea of what “we” did in Ireland as long as I lived in England. A boy at school had run off to join the IRA. My mum said, “Well, he’s always been tapped, that one.”

We were kept ignorant. For some stupid reason, I did not think that Thatcher would let the hunger strikers die.

Their demands, remember, were the right not to wear prison uniform or to do prison work, rights to free association and education within the prison, one visit, one parcel, one letter a week. They wanted to be treated as political prisoners. Thatcher said Sands had no mandate. He was actually an MP, with more votes than she ever won in Finchley.

In New York that day, when we got to Third Avenue, there was anger and then solemnity. There were mumblings about what a death like that entailed . . . Mandela then instigated a hunger strike on Robben Island. There were protests in Milan and Ghent. French towns would name streets after Sands.

At that time, though, yes, we did talk about the occupation of Ireland. Now we have to pretend we didn’t and it’s all the jolly UK and thank you, England for the peace process.

So, must I unremember that day when I sat down on the pavement and wept over the long, slow suicide of a 27-year-old man? Let me know how to uncry all those tears shed for that terrible, terrible waste.

Suzanne Moore is a writer for the Guardian and the New Statesman. She writes the weekly “Telling Tales” column in the NS.

This article first appeared in the 01 October 2015 issue of the New Statesman, The Tory tide