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”.

Signed:

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, modernpoetry.org.uk 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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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.