Arrested Occupy Protesters Told By Police: Penal Code Outstrips US Constitution

Cops refuse to stand down and honor oath

by Steve Watson

Occupy FresnoProtesters at a public park in Fresno were harassed and arrested by police for a third consecutive evening Monday as officers told them that local penal code allowed them to ignore First Amendment rights and break up protests.

The protest group, calling itself “Occupy Fresno”, has refused to move out of the park and onto a sidewalk, asserting that it is their constitutional right to remain where they are.

Over the weekend, more than 20 of the protesters were arrested and led away by police citing a county ordinance that defines the protesters as trespassers.

Officers in riot gear approached the remaining protesters Monday night, once again asking them to comply with police orders to leave or face arrest.

Fresno County Sheriffs Lt. Andriatti and Officer Neil Dadian were filmed informing protesters that local penal code outstrips the First Amendment of the Constitution of the United States.

“Does the penal code here and ordinances that you’ve said that we’re violating, trump the constitutional First Amendment to peaceably assemble and protest the government?” a protester asked the officers.

“In this instance here, that is what we are enforcing. That penal code…” Andriatti replied.

When asked to explain the law further, the officers refused.

Watch the video:

In another fascinating exchange captured on camera, protester Joseph Hunter calmly engaged an officer in conversation, asking that he refrain from carrying out unlawful orders and instead honor the oath he has taken to uphold the Constitution.

“The answer is no, we are not going to stand down.” the officer is heard replying.

Hunter added that should the police department attempt to discipline the officer for refusing to carry out orders, the group would help the officer seek legal representation.

The officer would still have none of it, however, and again ordered the protesters to disperse, prompting an impassioned reaction from Hunter.

“Amazing, right? Isn’t that amazing?” he said. “No Constitution in America. No protection for your First Amendment, constitutional right to peaceably assemble. We’re radicals because we stand here defending our constitutional right to peaceably assemble.”

More: Arrested Occupy Protesters Told By Police: Penal Code Outstrips US Constitution

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4 comments on “Arrested Occupy Protesters Told By Police: Penal Code Outstrips US Constitution
  1. DarcsFalcon says:

    Whoops! Too many links threw my comment in your spam folder! Sorry about that!


  2. DarcsFalcon says:

    I’ve spent like the last half hour searching for something I knew I’d read earlier that was related to this, and I finally found it! LOL

    It was about states asserting their 10th Amend. rights and that the local sheriff has more jurisdiction than the federal government. I was a little surprised at that.

    As for the protesters, I think they’ve long overstayed their welcome and it’s time for them to go. They’re a criminal hazard what with all the rapes and robberies, and also a major health risk, they’re keeping local clinic busy looking for STD treatments. Now there are outbreaks of TB in Atlanta because the Occupy camps and people are so filthy. Sad sad sad.

    Here are the articles if you were interested in reading: 🙂
    New Mexico Tells Feds “Don’t Tread on Me!!” | Lorinov’s Blog. (you may have seen Rob over on SamHenry’s blog, if he seems familiar to you) He was writing about this article he’d come across:
    New Mexico Law and Local Sheriff Trump the Feds – Tenth Amendment Center Blog.


  3. […] Arrested Occupy Protesters Told By Police: Penal Code Outstrips US Constitution ( […]


  4. Another matter Thurgood Marshall would rage about. But as an aside when people camp out to protest, who picks up the trash? Toilet facilities? Emergency care? Blockage normal flow pedestrians and traffic? There was one explosion when the NAFTA protests were held in City of Miami(proper. Miami Dade county has about 32 other incorporated municipalities plus unincorporated county government), the City of Miami cops arrested 600. Many were union teachers and you can lose your state teacher license if arrested. How about this for unconstitutionality: does not matter if not guilty, dismissed, not heard or pre trial. You can get the ax from DOE.


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