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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A loyalist rebranded: will Ségolène Royal run again to be the French President?

The French press is speculating about Ségolène Royal replacing François Hollande as the Socialist candidate.

“I will lead you to other victories!” Ségolène Royal told the crowds gathered in front of the French Socialist party’s headquarters on 6 May 2007.

Many at the time mocked her for making such an odd statement, just after losing to Nicolas Sarkozy in the presidential election. But nearly ten years on, she might just be the candidate the French left needs to win the upcoming presidential election.

There is growing speculation that the current President François Hollande – who was Royal’s partner for 30 years and the father of her four children – will not be in a position to run again. His approval ratings are so low that a defeat in next May’s election is almost inevitable. His own party is starting to turn against him and he can now only count on a handful of faithful supporters.

Royal is among them. In the past, she probably would have jumped at the opportunity to stand for election again, but she has learned from her mistakes. The 63-year-old has very cleverly rebranded herself as a wise, hard-working leader, while retaining the popular touch and strong-willed character which led to her previous successes.

Royal has an impressive political CV. She became an MP in 1988 and was on several occasions appointed to ministerial positions in the 1990s. In 2004, she was elected President of the Poitou-Charentes region in western France. In 2006, Royal won the Socialist party’s primary by a landslide ahead of the presidential election.

She went on to fight a tough campaign against Sarkozy, with little support from high-ranking members of her party. She ended up losing but was the first woman to ever go through to the second round of a French presidential election.

After that, it all went downhill. She split up with Hollande and lost the election to be party leader in 2008. She was humiliated by only getting 6.95 per cent of the votes in the 2011 Socialist presidential primary. She hit an all-time low when in 2012 she stood as the Socialist party’s official candidate to become MP for La Rochelle on the French west coast and lost to Olivier Falorni, a local candidate and Socialist party “dissident”. Royal then took a step back, away from the Parisian hustle and bustle. She continued to serve as the Poitou-Charentes regional President but kept largely out of the media eye.

Royal was very much the people’s candidate back in 2007. She drew her legitimacy from the primary result, which confirmed her huge popularity in opinion polls. She innovated by holding meetings where she would spend hours listening to people to build a collaborative manifesto: it was what she called participatory democracy. She shocked historical party figures by having La Marseillaise sung at campaign rallies and Tricolores flying; a tradition up until then reserved for right-wing rallies. She thought she would win the presidency because the people wanted her to, and did not take enough notice of those within her own party plotting her defeat.

Since then, Royal has cleverly rebranded herself – unlike Sarkozy, who has so far failed to convince the French he has changed.

When two years ago she was appointed environment minister, one of the highest-ranking cabinet positions, she kept her head down and worked hard to get an important bill on “energy transition” through Parliament. She can also be credited with the recent success of the Paris Climate Agreement.

Above all, she has been impeccably loyal to the President.

Royal has reinforced her political aura, by appearing at Hollande’s side for state occasions, to the extent that French press have even labelled her “the Vice-President”. This has given her a licence to openly contradict the Prime Minister Manuel Valls on various environmental issues, always cleverly placing herself on virtue’s side. In doing so, not only has she gained excellent approval ratings but she has pleased the Green party, a traditional ally for the Socialists that has recently turned its back on Hollande.

The hard work seems to have paid off. Last Sunday, Le Journal du Dimanche’s front-page story was on Royal and the hypothesis that she might stand if Hollande does not. She has dismissed the speculations, saying she found them amusing.

Whatever she is really thinking or planning, she has learned from past errors and knows that the French do not want leaders who appear to be primarily concerned with their own political fate. She warned last Sunday that, “for now, François Hollande is the candidate”. For now.

Philip Kyle is a French and English freelance journalist.