Occupy Wall Street: The Morning They Didn’t Clean the Park

They were saying on Thursday night that it was all over for the protesters. Brookfield Properties, the owner of Zuccotti Park, had asked the NYPD to uproot the people who had been occupying their park. Mayor Bloomberg had said it would be clean on Friday morning at 7 AM. And there were petitions and pleas and hues and cries. Just after midnight, I was paying attention to the cracks of thunder and the white lightning flashes and the hard rain rapping against the pane of my window in Brooklyn. I was reading reports of protesters shouting with joy against the heavens. They didn’t give a damn if they were being doused. Yet I fretted hard about the whole scene and couldn’t sleep and hit the subway station less than two hours after these ruminations, hitting the subway station close to the golden palindromic time of 2:22 AM.

While waiting for the train, I listened to a thin middle-aged man loosen his incoherent rap addressed to our present President from some semblance of a Black Power haze, conflating a CIA conspiracy to flood drugs into poor neighborhoods with an anti-Semitic plot involving 9/11. His umbrella nib stabbed through the air with each improvised line. In ten or fifteen years, could this be an Occupy Wall Street protester? Not out of the question. A little more than a week before, I went to Zuccotti and the surrounding areas after the Foley Square arrests. The open talk had transmuted into something more quiet and cautious after mikes caught quite a lot but sullied the message. There had been talk of interlopers and intruders and betrayers. And while hardly an expert in American politics, I knew my history, remembering how it had all fizzled out in the years before my existence. The thin middle-aged man gave me an opportunity for more sentimental equations, and I couldn’t shake my heart’s troubling tendency to play the long game.

When I hit Zuccotti on a very early Friday morning, the park was more pristine than I expected. The protesters were determined to keep it clean. The trash was neatly packed in careful sheaths. I observed a plastic lid on the ground, then watched as it was scooped up by a stray hand a mere thirty seconds later. Such stunning efficiency reminded me of Disneyland’s garbage policy.

The mood was more sanguine than the previous week. Two vehicles, circling round and round and round the park, were capturing images. I was certain that my face was now in a database.

“Hey guys,” shouted an enthusiastic man, “instead of surveilling, why don’t you check out the 24/7 live stream?”

It was a little before four. The TV news vans were mostly parked on the other side of Cedar. Their insides were dark, still as coffins. I looked above at the mannequins in a Men’s Wearhouse, their dead forms serving as sentries for the lively sea I was swimming in. Then I watched a man in a Santa Claus suit sweeping the curb. Thinking of the approaching winter, I wondered if this morning cleanup, this last moment of dignity, was the end of the movement.

I walked around, didn’t see any apparent plan for seven that morning. One sanitation car, one garbage truck. If the authorities had something up their sleeves, it was as unplanned as lint in a belly button. Not long before, Bill O’Reilly had called the Occupy Wall Street protesters “drug-trafficking crackheads.” But the only smells in the air were cigarettes and incense and the fresh urban aura that settles in just after a storm. Narcotics? The only person who came close was a Wikileaks reporter making a pleasant show about cadging a cancer stick. And who can blame him? He was one of the few reporters the protesters trusted, probably because most of the media had dead opportunism in their incurious gazes. I watched a dark-haired radio reporter in his early thirties, a dutiful employee wearing a tie, talk with a man who had been fired in 2009, a man who was trying to explain why he and his fellow protesters were there. The reporter quoted some circuit case, but it was his eyes that unsettled me. They were more concerned with winning rather than listening, perfunctory as a man trapped in a weekend escrow seminar.

It was difficult to ignore the media presence. As more reporters settled around Zuccotti’s perimeter, with few of them wishing to enter the square, the scene resembled some Mephistophelean metaphor from a Scorsese movie: more steam pluming from the grates on the corner of Liberty and Broadway, a plump and devilish photographer staring rabidly at his recently snapped images with a cigarette undulating up and down in his mouth like some phallic fount and backlighted by the harsh gleam of a TV news camera. In fact, the more these media types were concerned with image, the bigger their waistlines tended to be. It was almost as their cameras badgered their torsos into requiring more space.

“Nobody really marches anymore,” complained an anxious and experienced protester behind me. “We’re out there for America and they don’t even appreciate this.”

I chalked this up to raw nerves. What the protester didn’t know was that in a few hours, the collective hope would be vindicated. For now, more blue boys had arrived at Broadway. The human microphone system had adjusted itself to the city’s noise code. But when it came time to respond with jubilation, the protesters lived up to the bargain.

There was a Superman and two Captain Americas in the crowd. I wondered if there was some crossover between Occupy Wall Street and New York Comic Con. I had obtained press credentials for the latter many months before, but I had decided to blow it off. It seemed superficial in light of recent developments. One Captain America told me that he was tempted to go on Sunday when the tickets were cheaper. But it was clear that Zuccotti needed more superheroes than Jacob Javits. And the superheroes I observed – even the ones with Alan Moore’s Guy Fawkes homage – didn’t really need costumes. It wasn’t a surprised that their masks stayed mostly off.

I saw a kid peacefully sleeping on the perch on the park’s western corner and, vexed by what was set to go down in less than an hour, I became very protective. But he woke up and I was relieved. I walked back to Broadway and I stole wifi from McDonald’s. While snickering over this strange irony, I saw a guy trying to pick a fight. Something about twelve hundred dollars, one guy bopped on the nose. The NYPD stepped in and issued citations. The protesters urged those surrounding this duo to stay calm and nonviolent. This was to be a running theme of the morning.

People who wear T-shirts and who have a week’s worth of stubble (my mien on Friday) get different answers from protesters than people who wear ties. Even so, the protesters had been here long enough to employ caution. After two weeks, you had to be an old timer to get any bites. And I had only been at Zuccotti about seven times. So I spent most of the time just observing.

Still, the protesters were kind. Two asked how I was doing, perhaps sussing me out. A hearty man who identified himself as Keeper of the Trail Mix offered me a generous portion. Two men circled the perimeter swinging incense. There was a peaceful ding from a bell. “Good morning. Good morning. Spread the love.” DING! “Good morning. Good morning. Spread the love.” Ginsberg’s “oms” would not have been out of place.

Then, with less than an hour to go before the 7AM showdown, the blue boys began clearing the sidewalk on Zuccotti’s Broadway edge. But this precious isthmus between the edge of the protesters and the cops, tricky to negotiate on scant sleep, narrowed. And it thinned further when the union men came in with pickets decrying the NYPD standing up only for the rich.

“I’m trying to move!” shouted a burly man at a cop as the throngs thickened. “Don’t push me!” I hoped it wasn’t a harbinger of things to come. I squeezed in and out of the mass; it now took about five minutes to wade through the pea soup of a crowd. I noticed that the cops had formed phalanx positions at the two open corners of Broadway.

But revolutionary talk stayed strong. “We….are….the 99%!” shouted the crowd. I watched two empty NYPD buses shuttle down Broadway. The crowd remained very confident, but I did notice workers squeezing in between the cops and the barricades and wondered what was up.

Then word arrived that the Zuccotti cleanup would be delayed and there were cries and cheers. I hadn’t been quite sure of the news, in part because it seemed anticlimactic, but another man confirmed it. And the promise of a new plan, intimated by the double-layered trickle of repetition only minutes before, had come to fruition. But what to do?

“All week, all day, marching down Broadway!” shouted some people. There was a guy with a whistle. But for some reason this pledge didn’t catch on. There was still a tremendous cluster in Zuccotti. As the daylight arrived, I somehow caught on to this two step gambit and followed the group, finding myself near the head of the march.

Then there was a call to march on Wall Street – a celebratory response to recent developments. And the people with whistles piped in time to “Whose street? / Our street!” At first, they walked slow. A smiling woman stood atop a trash can, shaking her fist in unison to the chant. I liked her a lot. Another woman raised her open pink umbrella into the sky. I liked her a lot too. We were close to Bowling Green Park. I saw the two empty police buses that I had noticed earlier parked to the right. I was troubled by the police presence at the other end, which was close to the Charging Bull (protected by the same grille barricades used at Zuccotti). Were they leading us into a trap similar to the Brooklyn Bridge?

Judging by the number of bandanas over various mouths, the other protesters had the same worry. If I had to be pepper spayed, so be it. At the head of the march, many protesters had taken the brooms from Zuccotti, sweeping them along the surface of Broadway. It was a perfect protest metaphor.

Then the march rounded a corner towards New Street, with many protesters hopping a diagonally raised platform. “Banks got bailed out! / We got sold out!” A normal-looking guy, around my age and close to my male pattern baldness (I like to look out for my fellow balding members) and wearing a blue T-shirt, held a simple sign reading SAVE THE MIDDLE CLASS, with two humble red stars. He stood out from the others, and I wondered if he was part of the fresh influx that MoveOn had called upon.

But then the crowd began to run, for reasons unknown. At first, I thought it was general euphoria. But there seemed a genuine rush to run down the street, followed by protesters chanting “Walk! Walk!” to prevent any problems. And then we reached a new set of barriers, with a few white shirts and boys in blue. And I wondered again if we were being deliberately trapped. Being near the head of the group, I walked along the length of the barricades with the other protesters, bathed in the red neon light of freshly opened cafes to my right. And at the other end, there were several police mounted on horseback. White shirts commanded me to move on the sidewalk. “Keep walking,” they shouted. I ambled around in a slight daze. Somehow I ended up in the middle of the street, away from the barricades. I looked up and saw several horses headed my direction, with one mounted cop looking directly my way.

Not really knowing the protocol for how mounted policemen contend with guys drifting into the street, I felt the best course of action was to keep walking down Broad Street. Surely the other protesters would be behind me. They were not. It looked as if the NYPD were closing the protesters in. I somehow ended up in a Starbucks on Broad and Beaver, where the sight of mild-mannered white collar workers, many of them miserable, grabbing lattes before work proved a strange contrast to the recent excitement. I stole wifi from this Starbucks, as is my wont with a Starbucks, and attempted to consult Twitter to find out what the hell was going on. The signal was intermittent. I was only able to send tweets. So I returned to the streets, where I saw cops approaching with white ties dangling on their belts moving down Beaver.

I had asked a few people if there were any arrests. They said that there weren’t. But the great irony is that, only a few minutes later, after I was trying to find the march again, five people would be arrested at the very corner where I had just found refuge.

I did manage to pick up one part of the march again, greatly enjoying someone who had gone to the trouble of dressing in a shark costume, top half covered by giant jaws. The march turned left again on New Street, following the same pattern as before. I intercepted the march again when it headed down Beaver. There was a great roar of beeps from the cars moving in the other direction. I was to hear Wall Street workers grumble disapprovingly about traffic. But then there were about five NYPD scooters that pushed forward against this traffic in the street. Not quite Corman’s The Wild Angels in reverse, but I was still curious. At first, they appeared to be amicably following the protesters on their march. But I was later to see that some on these scooters were trying to intimidate protesters. I was relatively safe, somehow scooped up with all the video cameras that were following the angry red rear lights. In the distance, I saw one protester stand in front of the scooters, pacing back slowly. Then a scooter roared inches past me to my right. (Later in the morning, one of these scooters would run over a protester’s foot.) The protesters ran again. I saw a white shirt run into the street, his hand reaching to his belt, and I didn’t know if he was going to raise hell. So I pointed my camera at him and started filming. He saw my camera and then beat a retreat forward.

And then something amazing happened. An entire circle of protesters surrounded the scooters. They shouted, “The whole world is watching!” Behind us, a band arrived, composed of drums, horns, and flutes, and all dressed in green shirts. In the mad rush, I didn’t catch what group this was. But I appreciated their peppy offerings. And I wasn’t alone. There was a guy with a thatchy green scarf around his neck and a burgundy sweater who was clapping his hands and swaying his body to the music. He was nodding his head at his friends and smiling wide.

A witness later told me that five people had been arrested at Broad and Beaver. I decided to track back and noticed that there was a huge police presence moving down Broad – perhaps sixty cops. I decided to follow them. But when the last cop made it past the barricade, they closed the opening behind them. So much for my stealth tactic.

I decided the best option was to return back to Zuccotti. The mood there had not been broken, but the police presence remained strong. When I walked past Wall Street and saw a barricade manned by several police, with a few cops checking the IDs for all employees walking through, this was a dispiriting sight, like unexpectedly setting foot into an old Eastern European country. I decided that I had dodged enough arrests and barricades for one day.

It was Friday morning and it wasn’t over for the protesters. I headed home to grab a few hours of sleep.

The Bat Segundo Show: Sheila McClear

Sheila McClear appeared on The Bat Segundo Show #412. She is most recently the author of The Last of the Live Nude Girls.

Condition of Mr. Segundo: Embracing the diminishing returns of Old New York.

Author: Sheila McClear

Subjects Discussed: Peter Pan Donuts as a point of meaning in one’s life, Hunter S. Thompson and breakfast, Old New York, staying in New York by any means necessary, having unique issues with your parents, having problems with authority, the swift manner in which money disappears in New York, contending with siblings who tap parents for money, personal responsibility vs. economic victimhood, shyness and job interviews, latent rebellion, zoning out during a peep show strip, whether those who work in the nude can be turned on sexually, the many levels of compartmentalization as a stripper, zoning out in relation to performance and being uncomfortable, transactional relationships and comparisons between stripping and psychiatry, writing as a partition between shyness and performance, being charmed by wolves, how long it takes to a Midwesterner to become a true-blue New Yorker, worldliness, not talking with anybody for two weeks, writing about co-workers and allaying concerns, scribbling on the job and maintaining a notebook, memory as a great liar, expanding anecdotes into stories, how patterns inform the narrative, rebelling and dropping out, freedom and reality, being a reg, healthy addictions and obsessions, the advantages of having a focus, McClear’s reluctance to use the words “object” and “objectify,” difficulties with didacticism, the power dynamic between a stripper and a client, dealing with the inevitability of being objectified, losing one’s virginity later in life, working the same peep show stint as a top draw, Fashion Week, the importance of clothes and theatricality in the peep show, the advantages of wearing a schoolgirl skirt, how piercings trick people, guys who read your energy, not being able to hide behind your clothes, dressing like your archetype, subconscious authenticity, making more money when ovulating, the uselessness of wigs, split-second decisions, racism in the peep show industry, racial profiling and men’s sexual preferences, troubling generalizations, race and hiring practices in strip clubs, hygiene at strip clubs, the dangers of mops, sterilizing dollar bills, the necessity of internships to get a foothold in the New York media industry, Ivy League pedigrees, unemployment claims towards Gawker, improving labor conditions for sex workers, exploitation, stage fees, the difficulties of worker organization, what might have happened to McClear without the peep show industry, and the just safe enough nature of peep shows.

EXCERPT FROM SHOW:

McClear: I have problems with all authorities in general. It makes sense.

Correspondent: It makes sense. Your parents were both lawyers. When you were out here trying to survive, did you ever tap them for money? Because that was a question that was never answered in the book.

McClear: My mom gave me two grand when I moved. And every once in a while, she’d send like a hundred dollars in the mail. I never asked them for money. Occasionally, they would send it. No, I would say, other than the two grand — which, God, that disappeared so quickly.

Correspondent: It does in New York. Yeah.

McClear: I already had money too and…well, not a lot. But no. No. I didn’t. It was that and occasional things in the mail. Also my sister was tapping them for a decent amount of money.

Correspondent: Oh, I see. You wanted to be the more respectable sister? (laughs)

McClear: I felt it was unfair to pile on.

Correspondent: Yeah.

McClear: Then there was also the point of, well, at least then I…you know?

Correspondent: Yeah. Yeah. Of other attempts at employment, you write, “It wasn’t as if I didn’t try and do something else.” And I’m curious. To what extent could you be said to be personally responsible for finding work in a peep show? I mean, you were determined to stay in New York by any means necessary. You wanted to prove something to yourself. So obviously you made the decision. So how responsible are you for something like this? Or do you view yourself as a bit of an economic victim?

McClear: Oh, not at all. No one forced me to work there. And it wasn’t my first choice at all. But as I got more and more and more — I mean, everyone has a hard time finding work.

Correspondent: Sure.

McClear; And I probably — I don’t know. I was probably doing something wrong in my job search.

Correspondent: You really think that? I mean, how many resumes did you send? How many job interviews did you go on?

McClear: I don’t know. I think I was so shy back then that I probably came off as bad in an interview. You know, a little awkward. But I was totally — I had this sort of latent thing where I never had rebelled. And I had never been a slacker. I never did drugs really. I never had acted out or been promiscuous. And like there was sort of that going on. And that sort of felt like the first excuse. Especially now that I was by myself and didn’t know anyone to reprimand me or find out what I was doing. It was sort of the first excuse that I found to act out in what was sort of a safe and controlled environment. I took it. And there are other things leading to that decision. Like needing a job and stuff. But I was looking for a way to act out obviously. It had to happen sometime.

Correspondent: Sure.

McClear: Like when people go through their drug phase or their sleeping around phase or their slacker phase. I never did any of it. And I was 25.

Correspondent: You were feeling left out?

McClear: I was feeling left out! And totally uncool. (laughs)

Correspondent: Uncool? I mean, why? I mean, by what metric, if you are so anti-authority, did you feel uncool or not hep or not with it? I mean, who gives a fuck about that?

McClear: I guess I did give a fuck. (laughs)

Correspondent: Many times in the book, you describe zoning out and shutting your brain off during a peep show strip. Of a photography modeling job that steered into an entirely unusual direction…

McClear: (laughs)

Correspondent: …you write, “I had already floated away inside my head, detaching my mind from my body. Nearly three hours had passed before we were done.” But I have to point out even before you arrived in New York, when you performed with the Terranauts in Michigan, you write, “The rush of performing canceled out the noise in my head.” So it seems to me you’re describing here this need to act out. But I should point out that there has been, at least in my reading, this tendency to want to check your brain in or zone out or just not focus. To what degree was it there before you worked in the peep show? And do you think that working at the peep show exacerbated this tendency?

McClear: Yeah. I think it was there. Because my personality type is more of an observer. A little bit of a depressive. And sort of an introverted person. And a tendency to overthink things. Which is probably like…

Correspondent: (laughs) This is going the other way!

McClear: Well, it’s probably describing most writers. So it’s always a vacation if you can find a way — whether it’s meditation or exercise or playing in a band or whatever — to put your mind at ease. But then, of course, being in the peep show was just so — doing the show was much too personal. It was uncomfortable to be present. So I would always check out. And then it did exacerbate that tendency. Just like I described. Of turning a light switch on and off until the breaks. Because you’re like unsure of like “Am I on or off?” Or you can’t toggle between them as much anymore. Which is why I flipped out that one time and went to Bellevue.

Correspondent: Yeah.

McClear: And then I think it just ends up in you withdrawing more. Or just being less present. I actually had a friend who was a nude massage therapist at the time. And she was like, “Um, are you able to be turned on sexually anymore? Because I’m not.”

Correspondent: (laughs)

McClear: And I was like, “Oh. Me neither.” And she was like, “Yeah, I think it’s my job.” “Yeah, probably mine too.”

Correspondent: You couldn’t compartmentalize in any way? That Chelsea [Sheila’s peep show identity] was one type of sex and Sheila was another?

McClear: I could have. But I felt, and I did to an extent, that compartmentalizing too much would almost be like losing some core part of your personality. And I worked with a lot of girls who compartmentalized to the point where they were not the person they used to be before they worked in the business. So I didn’t want to be like that.

The Bat Segundo Show #412: Sheila McClear(Download MP3)

This text will be replaced

Occupy Wall Street: Was the NYPD Authorized to Pepper Spray Peaceful Observers?

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.

Golden Hour

“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.]