Saturday, January 7, 2017

Indian Point to be Closed and Montrose 9 Sentenced, One Step Up and Two Back

 (Brennan Cavanaugh/Time’s Up! Flickr)

(Flickr User Gamma Blog)




I could not have been happier to hear that the Indian Point power plant is finally going to be shut down.   A few friends and I spent must of the summer of 2011 working on plans to highlight the problems at Indian Point.   "No Fukushima on the Hudson," we declared working on a banner to hang on the Clearwater Sloop as we sailed by the old plant. The police chased us as we rode from the Lower East Side up to Grand Central Station and back up past Indian Point for our Shut Down before the Meltdown Ride. The event was a huge success but the issue only moved in fits and starts.   Over the next six years Spectra Energy made plans to drill a natural gas pipeline just below the plant.  And activists fought back hard. 



Len Tsou/Barbara Ross,Time’s Up! Flickr


So modern life is all about a few steps forward, followed by a few steps backward.  It was bittersweet yesterday to hear that activists involved in the first wave of actions to stop the pipeline were found guilty in court the same day we heard about Indian Point.    We beat back TPP. Looks like we can still get something done around here. Community groups beat back Indian Point, with government and business agreeing that wind power is more sustainable.  And that is something to be applauded.  

Its also sad to hear about the activists facing guilty charges for their efforts to halt the pipeline which could certainly blow just beneath the nuclear power plant.  

Monica Hunken‏@monica_hunken Jan 6
We were sentenced to $250 fines each and 5 hours of community service with either the fire department or...

Erik McGregor - Photojournalist


A press release declared:
The  “Montrose 9” pipeline activists that were sentenced today maintain that their
actions were
necessary  to prevent harm to the public posed by the ongoing “AIM” segment expansion of  Spectra Energy’s pipelines
Cortlandt, NY
—
On Friday morning -  in front of a packed courtroom of over 100 New York residents,
activists, sympathizers and supporters opposed to Spectra’s “AIM” Pipeline -
Cortlandt Town Court Judge Daniel McCarthy issued sentences for nine New York
residents (known as the “Montrose 9”) that were arrested for blocking access to
a Spectra Energy construction yard in November 2015. Each of the nine of the
defendants were fined and sentenced to community service. The defendants had
pled the “Necessity Defense,” arguing that their activity was justified because
it was done to stop a danger more harmful than the violation of the law, and
only after all other legal and regulatory options had been exhausted. The danger
they oppose is Spectra’s “AIM” Pipeline, a high-pressure 42-inch gas pipeline
that runs within 105 feet of critical Indian Point Nuclear Power Plant safety
facilities. Even though Judge Daniel Murphy ultimately rejected this argument,
it is groundbreaking for the necessity defense to be considered, and the
community stands with the “Montrose 9.” The defendants’ lawyer, Martin Stolar,
has filed an appeal with the appellate division of Westchester’s Supreme
Court.
Despite
their sentencing, the activists vowed that the fight is not over and that the
resistance movement will continue. As “Montrose 9” defendant Linda Snider
stated, “
It‘s
difficult for me to think of myself as ‘guilty’ when I was trying to stop a
possible catastrophe. The first part of the Spectra pipeline is now in place and
running under the Hudson,
right
next to a proposed oil barge anchorage site and Indian Point Nuclear Power Plant
in Tompkins Cove. What could go wrong? The huge outcry against this and other
pipelines lead me to believe that the entire Spectra pipeline will, in the end,
never get completed.”

Defendant Susan Rutman agreed, stating:
“Our
communities need champions to protect the citizens, not punish those of us who
are taking action and standing up to try to prevent a Fukushima-on-the-Hudson
catastrophe. It is with a very sad heart that I stand before you to be
sentenced.”

 Defendant Melissa Friedman stressed, “
As
an attorney, mother of two and with an ailing partner, I have limited time but I
had to do something,”
citing
a long list of problems related to fracking and climate change. She added,
“
We’re
doomed and it’s time to start acting like it.”
By
completing the AIM Pipeline, Spectra Energy has only completed one-third of
their overall pipeline expansion project – the “
Algonquin”
Pipeline Expansion
.
This is really one pipeline project disguised as three pipelines in order to
illegally circumvent Spectra Energy’s obligation to identify cumulative impacts
of the project as a whole. So while the AIM battle is over, the Montrose 9
voiced their commitment to winning the overall war in court on
Friday.
Defendant
Monica Hunken stated to the Judge,
“Although
we have been found guilty, it will not deter us from continuing to peacefully
fight the next two segments of the Spectra pipeline every inch of the way.
Whatever punishment we receive is a small price to pay for defending the land,
air, water and our precious communities...
We
are here doing our job, being shepherds of the land. If we do not stand up to
corporations, they will mow us down. We cannot allow them to treat us like we
are sacrifice zones. I am doing this for you and your family too."
The
“AIM” pipeline has been opposed by local residents, countless local officials,
Governor Cuomo, Senator Schumer and Senator Gillibrand, as well as riddled with
corruption expos
és
and conflicts of interest. On February 29, 2016,
New
York State Governor Andrew Cuomo called for an immediate halt to construction
while the state conducts an independent risk assessment
;
the Federal Energy Regulatory Commission (FERC) denied the Governor’s request.
On August 3, 2016, both New York Senators Schumer and Gillibrand wrote to
FERC,
calling
for an immediate halt to construction of the pipeline
;
FERC also denied the Senators’ request. In November 2016, it was
revealed
publicly that Phil Suter, the spouse of high-ranking FERC official Maggie Suter
– who led the review for two gas pipeline projects by Spectra Energy – is a paid
consultant for Spectra on a related pipeline project. Without further regulatory
action or support from elected officials, residents and advocates have taken
matters into their own hands to directly stop construction.
Defendant
Mike Bucci questioned the Judge, asking
“All
of the pieces of government have failed us, and now the judicial system has
failed us. Where do we go for protection?"
Although
FERC granted Spectra’s request to place the Stony Point to Yorktown portion of
the AIM Pipeline into service in 2017, Spectra Energy still needs to complete
its Atlantic Bridge and Access Northeast projects for the project to be
financially viable. Resist Spectra and its allies across the northeast will
oppose Spectra Energy’s reckless plans, rampant greed and toxic proposals at
every stage. Factually, these pipelines and their supporting infrastructures are
destructive and put tens-of-millions of lives, communities, and the ecosystems
on which we depend at risk of imminent danger. As defendant Kathleen Thomas
stated in court to Judge McCarthy today,
“The
response to our plea has to do with the word ‘imminent’. When the real danger is
imminent, it will be too late. Once this becomes imminent, we are all gone.
There will be no chance to say ‘I told you so’."
By
working in solidarity with similar fights across the nation, we will stop
Spectra once and for all.

Link
to photos:
https://www.flickr.com/gp/erikcito/A3320y
by Erik McGregor
Link
to short video:  
https://youtu.be/1MJVlhZSCBM
by Peter Eliscu

###

Still Indian Point is closing and this is a reason for cheer. The following is a message from Riverkeeper.

Riverkeeper, New York State, and Entergy sign a landmark agreement to close Indian Point by 2021

“It’s a win for the safety of our communities, a win for the Hudson River and all the rich variety of life within it, and a win for a clean, sustainable energy future.”
- Paul Gallay



Dear Benjamin,

We are experiencing history in the making. It is the accumulation of countless hours of advocacy, legal expertise and fighting for what’s right for the River that has lead to this triumphant moment: Indian Point will now close by 2021! 

It is this joining of hands with friends and neighbors like you, in communities all along the Hudson River that made this big win possible. Thank you, Benjamin!

Here are some details on this groundbreaking news:

1)      The plant is closing early. This agreement cuts 14 years off the closing date requested by Entergy. The plant is now set to close in four years: Reactor 2 by April 30, 2020 and Reactor 3 by April 30, 2021. These dates are very likely sooner than what we could have achieved through litigation, which could have dragged on much longer, with an unsecure outcome. 

2)      The region will be safer. Not only will Indian point close on a hugely accelerated timetable, Entergy will also move a set yearly number of spent fuel rods from their dangerous storage pools to dry storage tasks on site – a much safer solution for this radioactive material. In addition, Entergy and New York State will increase the frequency of inspections of baffle bolts and other problematic structures until the plant’s closure.

3)      The region will go green. With the closure of the plant, there will be an increase in renewable energy and energy efficiency. Closing the plant will be carbon neutral or have no appreciable impact on carbon loading. There are new, clean sources of energy set to replace the energy generated by the plant - which will also provide new, well-paying jobs in the region.

4)      The river can begin to recover. Closing Indian Point will end the destruction of one billion river creatures each year. In addition, Entergy will set up a $15 million environment and community fund to be used for remediation and restoration projects on the Hudson, to compensate for damage to the river during the four-year period of continued operations. Environmental funding will prioritize dam removal, wetlands protection, control of invasive species and habitat surveys.

5)   We will be overseeing the closure. In signing this agreement, Riverkeeper retains the right to monitor and strictly enforce Entergy’s compliance with its obligations under the closure agreement; challenge and take enforcement action against any future violations Entergy may commit at Indian Point; and challenge any extension of the 2020 and 2021 closure deadlines. 

Your safety is of utmost importance to us. Over the next four years, Riverkeeper is going to keep a close eye on Entergy to make sure the plant closes responsibly, and forever. It has been a long road, decades in the making and friends like you are the reason Riverkeeper was able to keep up this fight – and win! 

With much gratitude,



Paul Gallay headshot Paul Gallay
Hudson Riverkeeper





Friday, January 6, 2017

Dump Trump Crawl!



Thursday night I joined a few hundred of my friends from  Rise & Resist, ACT UP, the anti war movement, and Occupy for the Dump Trump Crawl. 

The details of the action:


On the eve of the election being certified by Congress, we are going to gather and march to show our resistance to Trump. We will highlight his conflicts of interests, and his inappropriate and dangerous cabinet picks. We will resist at every opportunity.

Join Rise & Resist at Trump Park Avenue (502 Park Ave bw 59/60th Sts) January 5th at 5PM to march in solidarity!

Visit our Trump Protest Guide via Google Maps: http://tinyurl.com/zza6v2z

This simple 40 minute circuit, will touch half of Trump's net asset value in real estate. More often then not, the 'Trump' name on a building does not equal ownership.

Trump Park Ave • Niketown • Trump Tower • 1290 Ave of the Americas • Trump Parc • Trump International

So many friends from actions past were there to express their concern about what looks like a fascist turn in our country.  

There was a woman in stroller who had come all the way from White Plains, trying to make her way. She fell behind so the marshals went to find her.

Here we go again, I said to my friend Jenny, who I was arrested with at the Carlyle Group during the days before the Iraq War.  She has been at it, in the streets since the 1960's.

My friend Jim and I talked about the dialectics of such moments, open to bits of light and darkness.  Its not all darkness.  He told me he posted a picture of himself sleeping in 1968 when a generation fought the Viet Nam War and helped beat it back.

We've been here before and we crawled our way back out of the darkness.

And we'll do it again, organizing, marching, lobbying, using direct action, reaching out to each other, and looking out.  What won't help is leaving, running from the scene or detaching. Civil society runs the show.  We have to be smart and out in the streets, at the community forums, in local politics beating back the new assault on the poor.

Marching, I ran into a woman on the street, laying in a sheet, as if to sleep.  I gave her money and asked if she had a place to stay. Yes, she said, a shelter in queens. Get up and get into a coffee shop. Warm up, I implored her.

Sometimes people get so cold they get disoriented and fail to make it home.
I hope she did.

Its going to be a cold winter.






























Erik McGregor always takes the best pictures. I was glad to run into him.






Bottom four photographs by Erik R. McGregor with Jamie Leo and Benjamin Shepard.  The NYC Trump Resistance Group organized a DUMP TRUMP CRAWL through midtown Manhattan on Thursday, January 5, 2017, in protest of President-elect Trump on the eve of the Congressional count of the Electoral College votes and his confirmation; to highlight the vast conflicts of interest that his business holdings represent.

Wednesday, January 4, 2017

From CUNY RIsing to Free Tuition at CUNY, when an ask starts to become a reality



November 22, 2016 the CUNY Rising Alliance held a forum at Borough Hall in Brooklyn, calling for free tuition at CUNY.  I brought my policy class.  The place was filled to the brim with people.
One of my students asked why we were talking about free tuition when tuition was going up.  I  replied that sometimes we have to speak up for what we want, not just what we are against.
A free education is a part and parcel of a healthy democratic society, where knowledge communicates power, checks dictators, and informs dissent.  CUNY Rising was changing the conversation, pointing out that everyone needs higher education, and tuition should be free.

It is more important than ever. 

This writer and one of my old students at CUNY Rising Nov  22, 2016.



And today.

That change in the conversation is bearing results.

Governor Andrew Cuomo has announced a proposal to provide free tuition at CUNY and SUNY schools for students with annual family incomes below $125,000. He made the announcement yesterday morning alongside Senator Bernie Sanders at LaGuardia Community College. Here is the PoliticoNY coverage and here is the news release and video from the Governor's Office. President Bowen was at the event with members of the LaGuardia Community College PSC chapter. The union has released this statement to press:
Statement on Governor Cuomo's Proposal for Free Tuition at CUNY and SUNY
Barbara Bowen, President, Professional Staff Congress
Governor Cuomo's proposal to offer free tuition to CUNY and SUNY students is a conceptual and political breakthrough: it names free tuition at public colleges as the new standard to which states should aspire. The proposal for Excelsior Scholarships has the potential to improve the lives of millions of New Yorkers. At a moment when college costs are rising, student debt is out of control and Americans are wary of what the future holds, New York State can re-set the national agenda for college education by enacting a fully funded investment in free public college education for low- and middle-income students. Everyone in the state will benefit if college education is in reach for all.
Now is the moment to make a similarly bold commitment to providing the resources CUNY and SUNY need to fulfill the Governor's promise to students. To enable students to graduate within two or four years, CUNY will need to be able to offer essential courses, support services and academic resources. We urge the governor to take this opportunity to articulate an equally visionary agenda for public higher education investment.
The PSC looks forward to learning the details of the proposed Excelsior Scholarship and will work with the Governor's Office and the Legislature to support it. We also look forward to an Executive Budget that includes funding not only for free tuition but for increased investment in public higher education. New York could ensure national leadership on higher education by coupling the proposal for Excelsior Scholarships with a commitment to fully funded public universities.
As a union committed to economic and racial justice, the PSC echoes Senator Bernie Sanders' support for the proposal and his praise for the promise of publicly funded free, high-quality college education. We will look forward to working with the governor and the legislature to make that promise a reality.

The devil is in the details with this one. So we'll see. But i'm proud to be a part of the CUNY Rising Alliance which has pushed to change the conversation from tuition increases to decreases in a remarkably quick amount of time. Here is the statement from CUNY Rising.

CUNY RISING ALLIANCE STATEMENT ON
GOVERNOR CUOMO’S PROPOSAL FOR FREE PUBLIC COLLEGE TUITION
Free, high-quality public higher education should be the right of every New Yorker—of every American! The CUNY Rising Alliance applauds Governor Cuomo for his proposal to offer free tuition for any student with a family income below $125,000 accepted to a two- or four-year SUNY or CUNY school. We eagerly await the details of the plan, especially details about how it will be publicly funded and how it will apply to all students no matter their immigration status.
The Excelsior Scholarship, if it comes paired with increased public investments in quality education at CUNY and SUNY, would be an example of the kind of progressive leadership that New York students and families need from the governor. CUNY and SUNY students need free tuition, but they also need smaller classes, improved course offerings, modern facilities, increased advisement and tutoring and the best faculty and staff. Since 1975 CUNY's full-time faculty has been diminished by 33 percent while its student body has increased by about 15 percent. This trend must be reversed, if students are to get the education they deserve. The governor's proposal is an important beginning. No matter what’s happening in Washington D.C., New York can have the fully funded public university systems its people need, if we fight for it and our leaders are willing to lead.

About CUNY Rising
CUNY Rising is a growing alliance of 30+ community groups, non-profits, unions, student advocates and faith-based organizations that serve, mobilize and minister to millions of New Yorkers. In December, CUNY Rising released a white paper making the case for free and quality education at CUNY.


  1. Gov. Andrew M. Cuomo will unveil a plan to offer free tuition at some colleges — including two-year community colleges — to those students whose families earn…
    nytimes.com|By Jesse McKinley
    See More.


  1. She did a bunch of organizing for Bernies college for all act and
    won't let that die if she can help it!

    Neither should any of us.  Lets keep on pushing and
    aspiring.



VICTORY Against Police Brutality Targeting the Homeless #RightToKnowAct Settlement: City to Compensate Homeless People for Destroyed Possessions



Yesterday, I got an email from Picture the Homeless with some good news:

Huge news, friends.

The NYC Comptroller has found in favor of three homeless men - members of Picture the Homeless, represented by the New York Civil Liberties Union - who demanded compensation after the police illegally seized and destroyed their belongings, including life-sustaining medication and irreplaceable family photos (video of the incident is here, but be warned - it's disturbing to watch).

This is a victory for homeless people, who see police get away with brutality and abuse against them every single day. But it's not enough. And on Wednesday, we'll gather on the steps of City Hall at noon to demand that Mayor de Blasio act immediately to end his policy of widespread NYPD abuse and brutality against the homeless.

"I'm glad that the city is acknowledging that something bad happened," said Jesus Morales, a Picture the Homeless member and claimant. "They assaulted me while I was asleep and they tossed my belongings in a dump truck. It's not right. I'm not an animal. None of us are. For what I suffered, and what hundreds of people are suffering every day, the city needs to do more to stop these out-of-control cops."
      

At the press conference, members of Picture the Homeless told their stories bout the police confiscating their property, harassing, and intimidating them.

There is so much more to do to take on the punishment of the poor in the streets of New York City and around the country.  Legislation, such as the Community Safety Act, is a start, noted Brad Lander who was on hand to speak at the press conference. He pointed out  that it is illegal for discriminate in New York based on someone's housing status.

Listening, I stood by a few of my friends, carrying signs declaring, "Hey de Blasio you're not off the hook!" and "Pass the Right to Know Act!"

Much of police reform begins with the Mayor, who ran on this issue.  Yet seems to have forgotten about his commitment to create a new kind of police force.  When the NYPD arrest or harass the homeless, it is a reflection of the administration.

In this new era, it is up to us to do as much as we can to support those on the margins, those neglected, or abused by the state.  Thank goodness for groups such as Picture the Homeless for speaking out.






Homeless advocates speaking out about police abuses in New York.






January 4, 2017 – The New York Civil Liberties Union and Picture the Homeless today announced a settlement on behalf of three homeless New Yorkers who were kicked awake and whose belongings were thrown into a trash compactor by police and sanitation workers. In the settlement, New York City will provide compensation for the personal items police illegally seized and discarded, which included social security cards, birth certificates and medication. Today’s announcement closely follows the anniversary of the day the NYCLU filed the notices of claim and launched a campaign, #TheThingsWeCarry, asking for humanity in the treatment of homeless New Yorkers.



Claimants and allies will speak at a press conference today at noon on the steps of City Hall. 



“Homeless people deserve to be treated with dignity like all New Yorkers, and the city acknowledged that it had no right to treat their few possessions like garbage,” said NYCLU Executive Director Donna Lieberman. “It’s important that these three people were compensated, but some of the personal items they lost were worth far more to them than just their monetary value. We will continue to remind the city and the NYPD that everyone has a right to be treated with basic dignity and that homelessness is not a crime.”

In the early hours of October 2, 2015, three homeless New Yorkers, Floyd, Timmy and Jesus were sleeping in a small area partly sheltered from the rain in East Harlem when they were woken up by police with flashlights and sanitation workers in white hazmat suits. They were told they were no longer welcome. The three began to gather up their belongings along with the other homeless people at the location. But before they could do so, sanitation workers seized their personal possessions and threw them in a sanitation truck with operating trash compactors. The three tried to convince the officers to let them keep their belongings, but they were ultimately forced to watch as their possessions were destroyed.

The illegal destruction of their property was caught on
video, which the NYCLU obtained via a Freedom of Information Law Request and released when the lawsuit was filed in December, 2015. The footage shows homeless people being kicked awake and watching as their possessions are dragged away in front of them and thrown in a trash compacter.



“I'm grateful that the city is paying me back for the things the cops stole from me because I'm homeless, I need new shoes and a warm jacket, and my disability benefits aren't enough,” said Floyd Parks, NYCLU client and member of Picture the Homeless, an organization of homeless New Yorkers. “With this settlement, we got our foot in the door. People will know how we've been treated and that the cops should stop kicking around and abusing homeless people."・



“It is only fair that the city has agreed to compensate our clients for destroying what few possessions they had,” said NYCLU Staff Attorney, Jordan Wells. “Rather than having to pay out individual claims like those of our clients, the city should move away from targeting and criminalizing the homeless. This incident underscores the need for the NYPD to implement consistent policies to ensure officers treat homeless residents with professional courtesy and respect.”


The NYCLU’s three complainants, all members of Picture the Homeless, lost some of the most valuable possessions they owned. Floyd lost his birth certificate, social security card, blood pressure medication, inhaler, clothing, a list of important names and phone numbers including shelters, and a silver cross necklace. Jesus lost his birth certificate, social security card, clothing, jacket, shopping cart and personal hygiene products. Timmy lost his birth certificate, social security card, shoes, jackets, a Steelers jersey and personal hygiene products.

The officers’ actions are part of a disturbing pattern in which the NYPD effectively criminalizes homelessness. The NYCLU
filed a complaint in May of last year on behalf of Picture the Homeless urging the New York City Commission on Human Rights to investigate the NYPD’s practice of forcing homeless people in Harlem to “move along” when they have not violated any laws but are simply present on streets, sidewalks and in other public spaces. The NYCLU argues that the NYPD’s actions violate the Community Safety Act, which prohibits “bias-based profiling,” including targeting people based on their housing status.