On Saturday, the New York Police Department arrested approximately 80 people — many participating as part of Occupy Wall Street, a peaceful protest against Wall Street and the economy.

But one incident suggests very strongly that the NYPD exceeded its authority and failed to follow appropriate procedure. In videos that have been making the rounds in the past 24 hours, three bystanders — all occupying the street and captured inside orange netting erected by the police — shout “What are you doing?” and “Oh my God!” in response to unseen arrests in the distance. The women, who offer no resistance or violent behavior, are seen and heard shrieking in pain as police officers pepper spray them without any apparent warning. On the main video, the young woman on the right clutches her hand over her mouth in shock, looking around and doing nothing, just standing there. She is clearly unaware that she is about to be maced. (The Daily Kos’s MinistryOfTruth talked with one of the women. She confessed in the report that she had no idea what prompted the attack.)

Two police officers clad in white shirts approach the women. One of them is equipped with pepper spray. He has been busy off-screen. He points fiercely at the three penned women, barking, “You guys are all going to be going” — presumably in response to the legitimate question “What are you doing?” The young woman on the right, still stunned, stretches out her hand. And he responds by spraying her in the face with pepper spray. He moves his arm to the right and sprays the others.

As the three women scream in pain and flail their arms, the netted orange perimeter is broadened. But not a single police officer steps inside to aid the women, much less arrest them. Other people scream for someone to bring water to the three women.

Here is the original video:

Here is the original video slowed down:

Here is the incident from another angle:

The NYPD would not confirm with The Gothamist whether or not it used pepper spray in any of the arrests. Yet the videos clearly indicate that it did. According to CBS News, the NYPD called every arrest justified. But an equally important question is this: Why did these officers consider the use of OC justifiable against these peaceful observers?

These three videos contain enough information about the macing incident to reconstruct a substantial portion of it. Reluctant Habits has also obtained a 2005 edition of the New York Police Department Patrol Guide, which outlines the specific use of pepper spray in Section 212-95. By the 2005 standards and based on the available evidence, it is clear that the NYPD did not follow appropriate measures.

In most cases, pepper spray is used to effect the arrest of a resisting subject. And the Patrol Guide specifies five uses for OC pepper spray:

• Protect self, or another from unlawful use of force (e.g., assault)
• Effect an arrest, or establish physical control of a subject resisting arrest
• Establish physical control of a subject attempting to flee from arrest or custody
• Establish physical control of an emotionally disturbed person (EDP)
• Control a dangerous animal, by deterring an attack, to prevent injury to persons
  or animals present.

We see in the above videos that the women were not assaulting the police officers (unless stretching out one’s hand to get one’s bearings is considered “assault”). There was no need to establish physical control. They were not fleeing from arrest. (Indeed, how could they when they were trapped in orange police netting?) They were not emotionally disturbed persons. They were not dangerous animals who were going to injure anybody.

In looking at the Patrol Guide, we learn that the police are obligated to arrest the person who is pepper sprayed and charge them with a crime. Yet we see that the police do not make any moves towards the three women. They are left to scream, kneeled in the streets and in pain. They are not criminals. But they are clearly examples of what befalls “bad” citizens.

The Patrol Guide specifically orders the uniformed officer not to use pepper spray on “subjects who passively resist (e.g., going limp, offering no active physical resistance).” But the white shirted policeman has clearly ignored this procedure. In the same note, the uniformed officer is instructed to “avoid using O.C. spray in small contained areas such as automobiles and closets.” It is hard to determine with all the pandemonium going on in the video, but the orange netting erected by the police may very well fall into the scope of “small contained area.”

Patrol Guide procedures also request Emergency Medical Services “once the situation is under control.” But we see these women screaming and no apparent EMS members in the frame. Did the NYPD fulfill this option? Probably not. Because the women were left in the contaminated area to scream. They were not relocated to fresh air, contrary to another Patrol Guide mandate: “Remove the subject from the contaminated area and expose to fresh air while awaiting the arrival of EMS, or transportation to hospital/stationhouse if tactically feasible.”

Given the distance of the officers from the victims, it’s likely that none of the officers asked the women if they were wearing contact lenses. Nor were the women placed in a sitting position to promote free breathing. They were left to fall to the ground and suffer. The Patrol Guide also specifies that officers should provide a source of water and flush the contaminated skin of those who are pepper-spayed. Even if we give the NYPD the benefit of the doubt, and accept that the situation was an anarchic one and that it was hard to enforce these guidelines, one would think that this flushing proviso would be followed to the letter — if not as an enforced code, then at least as a basic quality of humanism that requires no explanation. But for a good twenty seconds, the women are left to scream and to experience pain, with one woman stretching her arms in an effort to find some relief for her anguish. The women who are not sprayed appear to want to help her, but, trapped inside the orange netting, they cannot offer water.

The NYPD’s conduct does not fall into the five general categories of pepper spray use. It fails to adhere to the NYPD’s own guidelines. And since the NYPD cannot own up to its inhumane behavior, despite repeat inquiries, it suggests very highly that the police are not especially committed to Fidelis ad Mortem — especially that vital faith in innocent bystanders whose only crime was to ask what was happening to fellow human beings.

Here is P.G. 212-95 reproduced in its entirety:

P.G. 212-95 Use Of Pepper Spray Devices

Date Effective: 01-01-00

PURPOSE

To inform uniformed members of the service of circumstances under which pepper spray
may be intentionally discharged and to record instances where pepper spray has been
discharged, intentionally or accidentally.

SCOPE

Use of Oleoresin Capsicum (O.C.) pepper spray constitutes physical force under the New
York State Penal Law. Use of pepper spray is proper when used in accordance with
Article 35 of the Penal Law and Department procedures. O.C. pepper spray may be used
when a member reasonably believes it is necessary to effect an arrest of a resisting
suspect, for self-defense or defense of another from unlawful force, or to take a
resisting emotionally disturbed person into custody. In many cases, pepper spray will
reduce or eliminate the need for substantial physical force to effect an arrest or
gain custody. It will often reduce the potential for injuries to members and suspects
that may result from physical restraint and it should be regarded as a possible
alternative to such force and restraint, where practical. Pepper spray shall not be
used in situations that do not require the use of physical force. O.C. pepper spray
may be used in arrest or custodial restraint situations where physical presence and/or
verbal commands have not been, or would not be, effective in overcoming physical
resistance.

PROCEDURE

When necessary to use pepper spray device:

UNIFORMED MEMBER OF THE SERVICE

1. Hold pepper spray in an upright position, aim and discharge pepper spray into a
subject’s eyes for maximum effectiveness, using two (2) one second bursts, at a
minimum distance of three (3) feet, and only in situations when the uniformed member
of the service reasonably believes that it is necessary to:

a. Protect self, or another from unlawful use of force (e.g., assault)

b. Effect an arrest, or establish physical control of a subject resisting arrest

c. Establish physical control of a subject attempting to flee from arrest or custody

d. Establish physical control of an emotionally disturbed person (EDP)

e. Control a dangerous animal, by deterring an attack, to prevent injury to persons
or animals present.

2. Effect arrest of criminal suspect against who pepper spray was used and charge with
crime which initiated use of the pepper spray.

a. Add resisting arrest charge, when appropriate

b. P.G. 210-13, “Release Of Prisoners – General Procedure” will be complied with if
it is determined that arrested person did not commit the crime or that no crime was
committed.

c. P.G. 216-05, “Mentally Ill Or Emotionally Disturbed Persons,” will be complied
with, when appropriate.

NOTE: Do not use pepper spray on subjects who passively resist (e.g., going limp,
offering no active physical resistance). If possible, avoid using pepper spray on
persons who appear to be in frail health, young children, women believed to be
pregnant, or persons with known respiratory conditions. Avoid discharging pepper
spray indiscriminately over a large area for disorder control. (Members who are
specifically trained in the use of pepper spray for disorder control may use pepper
spray in accordance with their training, and within Department guidelines, and as
authorized by supervisors.). In addition, avoid using O.C. spray in small contained
areas such as automobiles and closets.

3. Request response of Emergency Medical Service (EMS) once the situation is under
control.

a. Advise person sprayed that EMS is responding.

4. Remove the subject from the contaminated area and expose to fresh air while
awaiting the arrival of EMS, or transportation to hospital/stationhouse if tactically
feasible.

a. Determine whether the person sprayed is wearing contact lenses. (It is strongly
recommended that contact lenses be removed as soon as possible after exposure to O.C.
spray.)

5. Position subject on his/her side or in a sitting position to promote free
breathing.

a. The subject should never be maintained or transported in a face down position.

b. Do not sit, stand, or kneel on subject’s chest or back.

6. Provide assistance to subject as follows:

a. When consistent with member’s safety, and provided a source of water is readily
available, the uniformed member should flush the contaminated skin area of a subject
with profuse amounts of water.

b. Repeat flushing at short intervals, if necessary, until symptoms of distress
subside.

c. Continue flushing the contaminated skin of the subject in custody, at the
stationhouse as needed.

d. Commence the flushing of a subject’s contaminated skin upon arrival at the
stationhouse, if this has not already been done.

NOTE: Do not rub or touch skin of contaminated person, as the initial effect of
pepper spray does not dissipate for 15 – 20 minutes. Also, do not use salves, creams,
ointments, commercial eye washes or bandages. The desk officer will ensure that all
prisoners who have been sprayed with pepper spray receive appropriate first aid, if
needed, upon arrival at the stationhouse. Desk officers are also responsible for
ensuring that prisoners who have been sprayed with pepper spray are properly observed
throughout the arrest process, and that they receive prompt medical attention if they
need or request it. A Command Log entry will be made stating whether the prisoner has
had his/her skin flushed with water, been examined by EMS, or been transported to the
hospital.

7. Transport prisoner immediately to the emergency room of the nearest hospital if
he/she is demonstrating difficulty breathing, or exhibiting signs of severe stress,
hyperventilation etc.

a. Windows of transport vehicle should be kept open

b. Members who come in contact with persons who have been exposed to pepper spray
must thoroughly wash their hands afterward and avoid having any contaminated clothing
make contact with their face

c. Advise hospital staff that pepper spray has been used on prisoner.

8. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) and MEDICAL TREATMENT
OF PRISONER (PD 244-150) in arrest situations.

9. Complete the AIDED REPORT WORKSHEET (PD 304-152b) in non-arrest situations, e.g.
EDP, and:

a. Check box “O.C. Spray Used”

b. Enter rank, name, and tax registry number, of each MOS who discharged spray in
the “Details” caption

c. List the time, doctor’s name, and diagnosis under “Details” caption, when
applicable.

COMMANDING OFFICER, M.I.S.D.

10. Provide a quarterly printout of all arrest and aided incidents where pepper spray
was discharged to the commanding officer, Firearms and Tactics Section.

COMMANDING OFFICER, FIREARMS AND TACTICS SECTION

11. Analyze situations where O.C. spray was employed to evaluate its effectiveness.
a. As appropriate, modify existing training/tactics relative to the use of pepper
spray.

ADDITIONAL DATA

The only pepper spray authorized for use is the type issued to all uniformed members
through the Firearms and Tactics Section.

In order to maintain the effectiveness of the spray, it is recommended that the device
be shaken at the start of each tour. Carrying the pepper spray device during normal
patrol duty should be sufficient to keep the solution thoroughly mixed.

Pepper spray will not automatically stop all subjects, and even when it does
incapacitate, the effects are temporary. Members should therefore be ready to use
other appropriate force options and tactics.

When performing duty in uniform, the pepper spray shall be carried in its holster
attached to the non-shooting side of the gun belt. When performing enforcement duty
in civilian clothes the pepper spray must be carried, in the holster attached either
to a belt or in another appropriate manner. Undercover members may opt not to carry
the pepper spray. Members of the service may carry the pepper spray device during off
duty hours.

UPDATE: The Village Voice talks with Chelsea Elliott, one of the protesters: “We lay on the ground like little worms. One of the other girls was a medic, and was able to pour milk in her eyes. The cops left. They moved the net. All I know from what happened afterward, I watched on YouTube. For like 15 minutes, I couldn’t see; I couldn’t breathe at first. It was so out of the ordinary and unprovoked. Our medical group poured milk into my eyes for like 10 minutes, and apple cider vinegar on my face.”

UPDATE 2: The NYPD officer who pepper sprayed the protesters has been identified as Anthony Bologna. A Downtown Express profile of Bologna reveals that he became a police officer late in life and there is this telling quote: “You read in the papers about cops doing things that you can’t believe because you think everybody’s like you. But a department this large can’t really be completely free of it. If you don’t find anything wrong, you’re in real trouble because you’re not looking.” I am also investigating this article from 2001, which suggests the possibility that Anthony Bolgona attacked another protester at a Mayday NYC protest in 2001.

UPDATE 3: Jeanne Mansfield, “Why I Was Maced at the Wall Street Protests.”

UPDATE 4: The Guardian reports that Anthony Bologna may have committed civil rights abuses during the 2004 demonstrations at the Republican National Convention.

At 5:30 AM, you know who is truly fearless. Early birds shuffle into the guarded lobbies of fitness centers, jutting their chins and sticking their hands into hoodies not for warmth, but for protection against the unpredictable aperture between the end of night and the promising onset of the sun. A man rattles the locked door outside Starbucks, wanting his quick fix as the workers unpack big metal bins from the fridge and talk shop before putting on a customer-friendly face. A more subtle addict stands outside a diner with a Voice stuffed with bills and hands it over to his seller, who then hands a shopping bag filled with illegal merch, and proceeds to breakfast. Inside the diner, you can just grab the first batch of home fries and catch several snippets of the manager ordering this week’s supplies. The manager’s conversation is in Spanish and the numbers rattled into the phone reveal how his business is doing (not well). Delivery trucks rattle and stop, followed by taxi cabs, a few buses, and the odd automobile or two. Stacks of newspapers form outside newsstands and stores. Security guards are permitted to yawn. Mysterious vans pick up less secure workers at corners, where a few huddled souls begin a long day in Queens or Jersey with payments guaranteed out-of-pocket.

5:30 AM unleashes strange truths. A Duane Reade manager — a middle-aged man with an untrimmed moustache — shouts loudly about how much he enjoys hurting people just after welcoming you through the doors. It’s all about Modern Warfare 2, the latest twitch game making the rounds. He smiles as he talks of gunning down civilians and using bounce grenades to kill a crowd. Urination is more publicly practiced, but the rats are too tired to gnaw on the trash. Temporal minority groups welcome each other. The lonely chat with strangers: some demanding a response to “Good morning” and some looking for a two-minute friend. Social cues are more awkward at this hour. The lonely feel compelled to force intimate questions upon strangers in less than a minute. Requests for change carry a slight delay. No one quite knows the timing because you can’t always tell if someone’s just risen out of bed or about to head to dreamland. You can’t sit on a stoop, but you can bunch your frame near a door. In fact, it’s better that you do. The last thing you need is a property manager jostled before his alarm.

A man sans yarmulke sways in the wayward wind, singing a Jewish hymn. The smell of fresh bread careens from bakeries. The hardcore dog walking crowd, friendlier than the vigilant fitness freaks, conclude their constitutionals. A man takes his shirt off and hangs it over his head just because he can. And the normal sounds are preternaturally minimalist. Thin metal struts squeak in the breeze. The bright bus shelter signs are most visible at this hour. The signs advertise ghastly financial products and mirthless talk show hosts with rum, oversize jaws, but the messages won’t reach the people stirred up at this golden hour. Because this is the time when things are real. At no other time is the city so half-awake yet alive.

“Subway” — the fourth installment of my “Anthropological Film” series — was shot and edited on July 14, 2009. For some unknown reason, I took my camera with me for a job interview. Since I had arrived at the Times Square station early, I began shooting to pass the time and satiate my fascination with what I was observing around me. I figured that this was a film that I could work on later, possibly “anthropological” or not. But that evening, I became haunted by the subway and felt compelled to finish the film. So I rode the subway for a few hours and, to my surprise, it all came together. For those noting the absence of rats, I should point out that I did go out of my way to look for them, but my quest for vermin proved unsuccessful (at least in relation to this film’s more human emphasis). And since the film is more about the human relationship with the subway system, I don’t feel that (for this film anyway) rats were entirely necessary.

“Golden Hour,” which was shot at and around Riverside Park, is the third of what I’m calling my “anthropological films.” You can watch it above or click through to YouTube to see it in HD. (The series started with “Bubbles: A Consideration” and continued with “Dia de los Vivos.”) Like the other two films, this installment deals with certain glimpses of New York that most New Yorkers seem to ignore or fail to appreciate. This latest film chronicles aspects of how we live that were put into place decades ago by developer Robert Moses. (I recommend Robert A. Caro’s The Power Broker, if you’re not familiar with the subject.) But you don’t need to be know New York history to experience the film.

I plan to shoot a total of ten “anthropological films” before the end of the year. There may even be more, depending upon how deeply I plunge into these variations on a theme.

[UPDATE: I have created an "anthropological films" page for anyone who cares to chart the progress. I will update this page with additional information pertaining to the interconnected themes of these films as it becomes available.]

On June 28, 2009, I attended The Flower Parade. I knew nothing about the parade, but learned very quickly that its intent was to celebrate Colombia. The above film, “Dia de los Vivos,” presents the spirit that I observed and participated in.

On June 12, 2009, I attended a bubble battle in New York. But the event wasn’t really a battle — at least not in the traditional sense. Hundred of people who didn’t know each other gathered in Times Square to blow bubbles. It seemed like such a simple act, but it turned out to be so much more. And I hope that the above film, “Bubbles: A Consideration,” gives anyone who wasn’t able to attend a sense of the possibilities.

It is commonly understood that a rowing team from Columbia University painted the rock out of school pride. Bill Twomey’s The Bronx suggests an alternate theory: that the rock was painted by engineering students from Columbia and the blue paint was purchased by George Younkheere (along with brushes and rope). In 1994, the New York Times reported that the peninsula was destroyed sometime in 1937 to widen the Harlem River Ship Canal, where the C was later painted. The Times also helpfully informs us that the paint is replenished every few years by Columbia crews. But who? And what authority determines how frequently the rock must be painted? Another Times article four years later informs us that the rock was painted by oarsman in 1955, with then Columbia assistant director of athletics Brian Bodine claiming that the work was done with team members suspended from boatswain’s chairs. But was Bodine there? And how does he know exactly? Are there pictures of the initial rock painting that Columbia is sitting on? (The latter Times article also informs us that there was a touch-up job in 1986. But from my observation, it appeared that the C had been painted a little more recently, perhaps at the stems.)

These shifting details still don’t answer the precise origins of the C, and it may be because the C is perhaps one of New York’s largest items of graffiti. The rock is referred to in some quarters as Geronimo, and there are apparently two physical activities associated with the rock. The first supports the Apache reference transformed into triumphant cry: giddy souls sometimes leap from the top into the creek. The second is reminiscent of that silly climactic scene from the film Gattaca: swim across the creek and back and prove your athletic prowess (and presumably your manhood). The site Inwoodlite claims that C Rock was established on a racist note, but is too diffident to share this with us. It is also known that a Lenape settlement was once situated at the top of the rock. This likewise suggests a clash between civilizations, but perhaps not the kind that the Lenapes would be aware of during their residency.

What’s fascinating is that there haven’t been any legal challenges to the rock. The C was painted and it has endured, quietly endorsed by the Inwood neighborhood and the Bronx dwellers living above the rock. Perhaps it is too unwieldy to rub out. Columbia is understood to have marked its turf on a rock cut by workers, leaving one to wonder whether some ambitious taggers might establish an A Rock and a B Rock somewhere along the Harlem River to ensure an alphabetical symmetry. This will probably not happen. They’ve cracked down on graffiti in the five boroughs, and Ivy Leaguers, it seems, are the only one afforded immunity and a natural canvas. The rest evade bulls and whip out cans and try tagging cars at the ends of subway lines, but their screeds and illustrations, however crude, are washed away to avoid permanence. No such fate for Columbia, whose C may very well be cruder and bolder than the output of today’s taggers.

(Photo credit: jag9889.)

This establishment blames its current woes on the economy, which was why it recently ejected coffee from its beverage repertoire and truncated its hours. But you can find four or five boisterous talkers on any weeknight itching to turn the place seedy. And one senses a certain resistance to this not entirely unsavory option from the staff, for you can almost always hear them them bitching about crazed drunks and lonely eccentrics who they had to eject.

The folks who hang out at this place are almost never from the neighborhood. They come from SoHo, Queens, and sometimes Inglewood. A few arrive late after watching strippers at the Slipper Room, and deliver fleshy reports to anyone who will listen. A large television is behind the bar, mostly muted. Like most bars, it’s a point of reference for anyone who can’t find some topic to talk about. And there are always things to talk about. Just check your brain in at the door and concentrate on small talk.

Perhaps this place is some outre port in the storm. The place that nobody knows about or cares to acknowledge. The place where anyone who walks in and carries some sign of living somewhere within a five-block radius is viewed with a natural suspicion.

I don’t wish to name this place. There’s a perfectly wonderful bar that I could go to a few blocks down the street, but I’ve long had a soft spot for the underdogs. I am fascinated by this bar’s almost total failure as a business and as a place of natural community, but I likewise harbor some small hope that it will figure itself out. It could very well be that the anxiety now in the national air — the transition from a dopey president who seems as unstoppable as Friday the 13th‘s Jason to a guy who might actually do something — has affected its staff and customers. Or it could very well be that those in the neighborhood are “wiser” than I am, going to the sensible spots where their evenings will be predictable successes. But this seems too easy an option in a city with one of the swiftest gentrification rates in the known world.

I don’t know how long this place will last, but I hope to carry on attending. I suspect I have some modest aspirations as a flâneur. Or perhaps I’m simply waiting around or hoping to instigate some moment in which the people of New York City finally throw off the shackles.

I chatted with a thin woman bundled in a dark pockmarked coat just outside Penn Station who said she needed $12 to get home. She was situated under one of those ramshackle walkways intended to steer pedestrian traffic away from the main sidewalk while some construction rattles on, but that almost always serves as an impromptu shelter in the winter. She told me that I was the only one who talked with her in two hours. Whether her story was true or not, she was pretty hard to miss. Her large cardboard sign had the word STRANDED! in big blocky letters, a kind of Bic-imbued pointillism. The details in her story didn’t add up, but I gave her a dollar that I didn’t really have. There was the man I saw begging for a cigarette just outside a diner. A woman stood with a smile on her face, smoking three cigarettes in a row. The man wouldn’t go away. He was persistent. She didn’t budge. He dived for one of the butts she had dropped on the sidewalk and then asked her for a light. She refused. I had no cigarettes or matches on me. It would have made some difference.

Someone told me yesterday that she had been given $40 and a box to collect her possessions upon submitting her resignation notice. No pay for the last two weeks. The White Castle on Eighth Avenue announces that it’s hiring. Benefits are the big selling point. And it can’t be an accident that a bundle of comfort burgers over there is called a Crave.

Everyone craves a little security these days. More than a White Castle burger, which you have twenty minutes to sit around and eat until they kick you out. If you’re not let go just because, then you’re certainly craven, hoping to keep whatever job you have. Whether it has become necessary to sacrifice a little liberty and empathy to pay the rent is a question I can’t possibly answer. But you can feel the bristling fear in the streets.

WCBS: “Cephus said he was bringing ice into a park, when he encountered two police officers checking for liquor. He dropped his bag, and says he was hit 10 to 12 times on the shoulder and upper arms, before a bystander’s camera even started.”

Amazingly, Police Union President Patrick Lynch claims this to be an appropriate amount of force. And while the officer involved has not been suspended, he has been confined to desk duty.

This violence comes only a day after a NYPD officer assaulted a Critical Mass cyclist, brutally pushing him from his bike while he was simply riding down the street.

The officer who assaulted Cephon is Michael Harrington. The officer who assaulted the cyclist is Patrick Pogan, and even Mayor Bloomberg believes Pogan went over the line.

Ever wonder what happens to abandoned subway cars? Well, apparently, retired subway cars have proven to be quite helpful to the fish population just off coast of Delaware. Cars are dumped into the water, and the subway car’s roomy confines has resulted in fish taking to the cars like, well, water. (There have been other efforts to dump aircraft, automobiles, and other vehicles into the ocean to create these reefs. But the fish seem to like the subway cars the best.) Red Bird Reef, named after the famed Redbird cars being used for this experiment, has seen a 400-fold increase in marine food per square inch over the past seven years.

Red Bird Reef is not without controversy. The American Littoral Society has expressed concern that the small levels of asbestos within the glue used to affix floor panels and the like might prove damaging to the environment. And since there are only so many retired subway cars to go around, other states are trying to compete for the subway cars. (New York provides these subway cars for free.)

So is this a waste of manmade resources? A sullying of the environment? Or is it very possible that, given the declining fish populations in the Atlantic, it takes this extraordinary manmade reef to generate a sustainable fish population again?

(via The Publishing Spot)

That’s saying something, considering that Schurz is quite vertical in design (he stands nine feet tall), his left foot juts a mite forward, and his portly girth, disguised by a thick and definitive bronze coat and cape, demands attention. To look over the promontory where Schurz is propped, you must walk up three stone steps to get an unoccluded view. But no matter what building your eyes settle upon, Schurz will remain in dogged peripheral vision. Maybe pedestrians are vexed by Schurz’s hatless and Germanic form — for what it’s worth, he does politely hold his hat in his right hand — invading Harlem’s horizontal vista, which, like every Manhattan neighborhood, is now undergoing terminal gentrification. Perhaps to live in New York, the New Yorker cannot look upon the past, but must continue contending with the swift-paced momentum of the present. And if that means accepting glass monstrosities in lieu of charming brick buildings without remonstrance, so be it. But this willful acceptance also extends to figures like Schurz, who reminds us that there was indeed a New York before the present one.

The Schurz statue is unsullied by the verdigris now eating away at another of Bitter’s sculptures — that of Franz Sigel residing on West 106th Street and Riverside, currently earmarked for renovation. Schurz and Sigel both have parks named after them. (Karl Bitter, alas, does not. New York reserves its laurels for its heros, not the artists who render the legacy.)

We know that Schurz was a military man, a political reformer, and a journalist. He spent the majority of his life outside of New York, served as Secretary of the Interior for President Rutherford Hayes, moving to the city in 1881, ostensibly to retire. But a man of his insurmountable energies could not settle down. He had twenty-five years left in his life to make a name. And he did. Starting with his immediate rise to editor-in-chief of the New York Evening Post in 1883 and followed by becoming one of the Mugwumps supporting Grover Cleveland the following year. He spoke out against Tammany Hall, drawing enthusiasm for his remarks even as a fife and drum corps passed by.

The first fact that, in our efforts for good government, stares us in the face is the existence of an organization — Tammany Hall — whose very purpose it is to give the city the worst government it dares, to the end of making money out of it. And this organization has been for years, and is now, in full possession of the municipal power.

Schurz spoke these words as two friends of his were the top mayoral candidates. He would not let friendships get in the way of principle. Likewise, he did not think much of William Jennings Bryan and also campaigned against him.

As the New York City Department of Parks & Recreation is proud to announce, he was an adopted New Yorker and was often unpredictable with his political choices. Schurz was gleefully antagonistic, and on September 22, 1900, he resigned his Presidencies of the National Civil Service Reform League and the Civil Service Reform Association of New York, observing, “I frankly confess that on account of my position of antagonism to other policies of the Administration, the performance of my part of that duty is especially unwelcome to me.” But he could not quite give this ghost up and was elected the following year as President of the Civil Service Reform Association.

When Schurz was buried in Sleepy Hollow in May 1906, he had an audience both rich and poor. Andrew Carnegie and Joseph H. Choate stood beneath one umbrella. The Times described Schurz as “a publicist and patriot.” The funeral was attended only by relatives and close friends, but policemen had to stop many who hoped to get a view of Schurz’s coffin. It was Choate who ensured that the statue now standing in Morningside Park was completed.

Schurz had a reformist ebullience scarcely seen in the present political age. We now seem to settle for charisma and monoglot messages about hope. Those who do stand out are censored or declared too lunatic for the political arena. This stands in sharp contrast to the words Choate unfurled during the statue’s unveiling, “As a leader he did what is so seldom seen and yet so necessary in the upholding of the best in public life. He put expediency above personal and party advantage. He never allowed party to lead him in the wrong direction, and for years he stood alone, an independent figure in party and public life.”

At the pedestal before Schurz’s form are the words: CARL SCHURZ Defender of Liberty and Friend of Human Right.

Today, who knows Schurz’s name outside of hard-core history buffs, fans of The Who, and curiosity seekers? Not long ago, when I visited Schurz’s statue, I observed a broken bottle of Gilbey’s upon the faded ornamental brick. The bottle had apparently been thrown at Schurz, and the glass shards glistened more resolutely than the brick. While the bottle, in all likelihood, had been hurled by a cavalier youth, I couldn’t help but contemplate whether there was a rejection of Schurz’s spirit in the air. History was apparently the work of others. But it seemed to me that it was the other way around.

For East Coasters, this is no doubt all old hat. I am indeed a wild-eyed rube when it comes to this sort of weather. But the New York population had been bifurcated into those who embraced the snow with great ardor and those who wished to hole themselves up until the snow had passed. I wondered about these shadowy figures bunkered in apartments. When did snow lose its appeal for them? When did the first drop of winter become something to be dreaded? Yes, it’s all new to this California native. But surely even new joys can be discovered within the familiar.

I am also saddened to report that A Public Space was beaten by the New York Review of Books this afternoon in a game of literary trivia. A cadre of litbloggers — including the effusive and good-natured proprietor of Wet Asphalt, who I was fortunate to meet today for the first time — was assembled to cheer on APS, but ended up heckling and applauding both teams, while also conspiring together to determine the answers. I am happy to report that Tim Brown adeptly got in touch with his inner Alex Trebek, providing very funny and very deadpan emcee work. Apparently, we were so unintentionally vociferous that not only did the three A Public Space members run away from us when it was all over, but the trio suggested that we come up there to replace them (“Sure!” we replied). At one point, I even observed Brigid Hughes, sitting a row in front of us, covering her head with her hands.

Further, I was shocked to see APS not taking the opportunity to plug its recent subscription offer. I was so distressed by this that, at one point, I loudly mumbled, “*cough* Helvetica **cough**,” and thankfully the balance was rectified. (And if you think that’s bad, the NYRoB team couldn’t even get its URL right.)

I came away with respect for both teams, who played well under pressure and displayed a hearty sense of humor.

Nevertheless, the NYRoB‘s victory did not stop us from laying down the gauntlet. We approached the NYRoB trio, boldly declaring that the Litblogging Army would challenge them anytime, anywhere for any contest of wills. Let it be literary trivia or let it be Twister or mini golfing or bowling. I handed Edwin Frank my card, figuring that our common first name might prove beneficial in arranging a future matchup. Whether Mr. Frank will take it upon himself to deploy his able team against ours, I cannot say.

I’ll have more to report on the 2007 Indie & Small Press Book Fair quite soon, including a lengthy report on the Ian MacKaye presentation. For now, I have a few modest deadlines to beat.

[UPDATE: Eric has a report, including some pictures of Brown and the litbloggers in action.]

I wonder just what kind of atavistic mind would come up with something like this, where a good deed of turning in a purse is transmuted into a criminal action. Is it the same type of person who would replace vanilla extract with white-out on Free Ice Cream Day? The type of person who would tell you that you need to file your taxes on April 16th instead of April 15th and then audit you for being a day late? The type of person who would tell a two year old that, when using a knife, it’s the blade you hold and the handle you cut with?

The bleachers were something of a burden, for they impeded steady foot traffic and we were forced to cross the street, contending with oppressive red lights, which we defied by jaywalking, and pedestrians who didn’t shuffle down sidewalks with our celerity. Certainly, they had the right to saunter. But when you get into the groove of walking, it’s hard not to go hard-core and we weaved like cars desperately careening across lanes to make an appointment. But we had no particular destination in mind.

The poor pedicab drivers, mostly African-American, shiver in the cold along 59th Street, waiting for desperate fares. They are the modern rickshaws, but the tourists prefer the horses. The statue of poor General William Tecumseh Sherman — at 59th Street and Park, in considerable disrepair, with a fading gold sheen — is largely ignored by the tourists, who settle for the horse drawn carriages at $37 per half hour, when they can have this needlessly abandoned historical figure for free. Perhaps they disapprove of the general’s march or Trump’s gilded endowment from not long ago. I find myself commiserating with the forgotten historical figures interspersed throughout the five boroughs, sometimes addressing them directly. “Who are you?” I ask a statue with an unfamiliar name. I then begin to apologize to them personally for not knowing the history and start asking these bronzed and iron representations questions, for the plagues which depict their histories are often unsuitable. I never seem to receive answers, nor do I receive strange looks from other New Yorkers. Perhaps inquiries along these lines are a common practice, or perhaps nobody is as interested in the past as I am. I am forced to Google the info later.

Concerning Trump, easily the most wretched buildings along the southern edge of Central Park are the Trump condos, which are as inventive as an accountant taking on architecture as a hobby with their flat rectilinear exteriors and banal facades.

Near the end of this peregrination, I stepped into a Men’s Wearhouse just to time how long it would take for a salesman to approach me. Total interval: nine seconds. And I was besieged with endless questions about my suit size, the smart sartorial items I was presumably pining for, and the suggestion of smart pants. But I left the store, not particularly surprised at the aggressive sales tactic. At least the Men’s Wearhouse staff have the decency to stand away from the door, which is not the case with the Madison Avenue men’s clothing stores, who hound you within two to three seconds with pathological fervor. They stand right by the doors and one considers applying for a restraining order.

Generally speaking, no clothing was purchased, I’m afraid to report. But if you have nothing to purchase or nothing to see as a tourist, it’s often a defiance of other’s expectations when you randomly walk through the streets of New York.

I’m new to this sullen ritual. I wasn’t here when it happened. Now, I suppose, I am a New Yorker. Or maybe not. Perhaps one becomes a New Yorker after a year’s residency. I haven’t yet received the glittery certificate in the mail. I don’t know. The only city that I ever sufficiently attached myself to was San Francisco. That was a hard town to leave. But what does place really mean in the end? I was in Hamburg, Germany when the planes hit the towers.

That young lady who knocked over a cup of coffee on our table twice in five minutes. Naturally clumsy? I don’t think so. She’s doing her damnedest to divagate her wiry body into her seat. Did she not apologize or acknowledge us this morning because today was The Day? I’ve found that New Yorkers thank me more than San Franciscans (perhaps because holding the doors open for strangers and the like might be something of an exotic etiquette around here). When even a minor solecism in etiquette goes down, there is often nobody more vocal than a New Yorker.

But not today. Silence. As if expecting the inevitable.

Today, in New York, we all subscribe to John Donne’s maxim, subsisting in frightened bubbles. New Yorkers are reluctant to talk. They are on guard. In case it happens again. In case the collective empathy that they keep inside must come out, because the city and those that live in it must heal, must persevere.

But I am not afraid. Because I know damn well that there aren’t any guarantees in life. Not afraid of the increased police presence in my neighborhood. Not afraid of any bastard, within or without, trying to strike us down. And I will stand defiantly against this fear, remaining as vigilant and as vocal as I can about my country’s countless indiscretions and remaining as happy as I can about life.

As to my fellow neighbors, well, I don’t know. Perhaps tomorrow the spirit of New York will return.