Today's MOZEN: The Consequence of Action

Photo by Z Roberts. Words by F LoBuono

I spent weeks covering The Occupy Wall St. Protests from Zuccotti Park in Lower Manhattan in the Spring of 2012. I witnessed virtually all of it from the beginning. I saw the nonviolent sit -ins, heard the drumming, chanting, and wild speeches. I spoke with people from all over the country and from all walks of life. I also felt the uneasy stand-off between the NYPD and the protesters. The movement was huge, as was the police presence to control it. It became a delicate balance between the rule of law, the enforcement of private property and an American's Constitutional right to peaceful protest. It worked often, but not always.

One case, where, apparently, it did not work so well is depicted in the photo above. It shows 25 year-old Cecily McMillan, a graduate student and Occupy "activist" being forceably placed in an NYPD bus after her arrest for assaulting a police officer. It seems that on that particular evening (March 2012), the NYPD was instructed to clear the park for cleaning.  An announcement was made demanding that the protesters leave the park, at least temporarily, so that the cleaning might take place. The NYPD states that it also announced that protesters could return to the park afterwards. As they marshaled their forces and headed into the park, some of the protestors, including Ms. McMillan locked arms, refusing to budge. In their minds, they were within their rights to practice non-violent refusal. Of course, this was met with the full force of the NYPD who began to aggressively remove the protestors. As one of the officers was attempting to lift Ms. McMillan who refused to stand and move, he allegedly grabbed one of her breasts from behind. This prompted a reaction from Ms. McMillan to elbow the officer in his eye, causing some injury. Ms. McMillan was then subsequently arrested and charged with assaulting a police officer. Her rather rough treatment was documented by photographer Zach Roberts.

In her recently concluded trial, Ms. McMillan presented her evidence which included a photo of a hand-shaped bruise on the breast she claimed was grabbed by the officer. She also stated that reaction was not an intentional act, but was rather an impulsive response to a lewd attack by the arresting officer. Despite her claims, a jury of her peers found her guilty of assaulting a police officer. At her sentencing later this month (May) she could receive up to eight years in prison.

She became a sort of cause celeb with many alleging that this was another classic case of the use of excessive force by the NYPD in response to peaceful protest. Her supporters also claim that her trial was a sham. It is alleged that evidence supporting Ms. McMillan's claims of police brutality was suppressed, and that the charges against her are disproportionate to the crime. A social media campaign was started and an on-line petition urging clemency for Ms. McMillan has garnered over 40,000 signatures. Even many of the jurors who convicted her have called for leniency when she is sentenced.

I cannot speak of her direct innocence or guilt. I did not witness the event or attend the trial. I can say this about it, though: In general, I supported The Occupy movement. I felt that their message was strong and just. There are inequities in this Country (world) that need to be addressed, and Occupy was an attempt to get that train rolling. However, their methods and message lacked cohesiveness and lasting vision. At one point, it left me with the impression that it was no more than a 1960's "free love-in". Still, most of the people that I met there were well intention, if not overly idealistic, in their attempt to change the world for the better. This is certainly no reason to be met with any type of brutality. But, as I mentioned in my opening paragraph, these types of situations, especially considering the amount of time that Occupy and the NYPD confronted one another, are bound to happen. It would be great to completely eliminate confrontation, but that's not realistic. In fact, it fails to address a sobering reality - there are consequences to EVERY action in life. Be idealistic, it is a privilege of youth. But temper it with the reality of action. So, Ms. McMillan, and all the others who wish to change the world through protest, even PEACEFUL protest, I leave you with words of wisdom from Stella - if you want to dance, you must be prepared to pay the band. Hopefully, Ms. McMillan's tune will not be too harsh.