NYPD Moves to Eliminate Handschu Agreement

[nifer]

http://nyc.indymedia.org/front.php3?article_id=45111

In the name of fighting terrorism, the NYPD will ask a federal judge Wednesday to virtually eliminate the 1985 Handschu Agreement which protects citizens and organizations who engage in lawful political activity in New York City.

SUPPORT YOUR RIGHT TO PARTICIPATE IN LAWFUL

POLITICAL AND FIRST AMENDMENT ACTIVITY -- ATTEND AN IMPORTANT COURT HEARING ON WEDNESDAY, JANUARY 29th AT 3:00 PM

THE NEW YORK CITY POLICE DEPARTMENT HAS ASKED A FEDERAL JUDGE TO VIRTUALLY ELIMINATE COURT-ORDERED PROTECTIONS FOR CITIZENS AND ORGANIZATIONS WHO ENGAGE IN LAWFUL POLITICAL ACITVITY IN NEW YORK CITY. THE COURT ORDER PREVENTS THE POLICE FROM SPYING ON FIRST AMENDMENT ACTIVITIES UNLESS A TARGETED PERSON OR GROUP ENGAGES IN CRIMINAL ACTIVITY.

ORAL ARGUMENTS ON THE POLICE DEPARTMENT'S MOTION IN THE CASE, "HANDSCHU v. SPECIAL SERVICES DIVISION," WILL BE HELD ON WEDNESDAY, JANUARY 29th AT 3:00 PM. Courtroom 17-C United States District Court Southern District of New York 500 Pearl Street (east of Foley Square) New York, NY (4, 5 & 6 Train to Brooklyn Bridge; J, M, Z, A, C and E to Chambers St.)

Citing the events of September 11, 2001, David

Cohen, Deputy Police Commissioner for Intelligence and a 35-year veteran of the CIA, has told the court in the Police Department's motion papers that continuing to require a "criminal predicate" to conduct political investigations hampers intelligence collection on potential terrorists.

The "Handschu" case was filed in 1971 shortly

after it came to light that police had for decades spied on lawful activities of social and racial justice advocates. A front-page article by Chisun Lee in the December 18th Village Voice presents a history of the "Handschu" decree, and what is at stake for New Yorkers. Click here to read the article: http://www.villagevoice.com/issues/0251/lee.php

The January 29th hearing is open to the public.

Members of the Class (which includes all individuals and groups that engage in lawful First Amendment activities in New York City) are welcome to attend. Arguments will last one to two hours. SEATING IN THE COURTROOM IS LIMITED AND IS ON A FIRST COME

FIRST SERVED BASIS. The papers the judge will be considering can be read in the court's public records room during business hours. The public records room is on the second floor of the U.S. Courthouse, 500 Pearl Street, New York, NY. Requisition the file in the case called "Handschu v. Special Services Division", Docket No. 71 Civ 2203 (CSH). Begin with the Police Department's Motion filed September 25, 2002. Copies of any portion of the filed materials can be made for 25 cents per page. A vending machine in the public records room sells copy cards for $20, or you can bring quarters. The "Handschu" court order can be found on-line and in law libraries under the legal citation "Handschu v. Special Services Division," 605 F. Supp. 1384. The text of the "Handschu" decree begins on page 1417.

The Court defined the Class as:

"All individuals resident in the City of New York, and all other persons who are physically present in the City of New York, and all organizations located or operating in the City of New York, who engage in or have engaged in lawful political, religious, educational or social activities and who, as a result of these activities, have been, are now or hereafter may be subjected to or threatened by infiltration, physical and verbal coercion, photographic, electronic and physical surveillance, provocation of violence, recruitment to act as police informers and dossier collection and dissemination by defendants [the NY Police Department] and their agents."