EMAIL EXCHANGE BETWEEN OCCUPY TUCSON AND WARDEN PRIOR TO OCCUPY TUCSON CENSORING WARDEN COMMENTS

On Wed, Oct 19, 2011 at 8:13 AM, Roy Warden <roywarden@hotmail.com> wrote: October 19, 2011 Dear Erin: I will file a legal brief in Pima County Superior Court next week to set forth the legal right for Occupy Tucson members to remain in Tucson City Parks after 10:30 pm, inspite of the tucson city code which says otherwise. I will be at Armory Park today around noon. How can I find you? Roy Warden Date: Wed, 19 Oct 2011 08:19:25 -0700 Subject: Re: LEGAL ACTION From: erinw@occupytucson.org To: roywarden@hotmail.com Hi Roy. We currently have a legal team of 5+ lawyers working on ways to approach this delicate issue. They have been sanctioned by the Occupy Tucson's general assembly. As an individual citizen, you are free to do whatever you like, but it would be counter-productive to attempt to file something as being "from" Occupy Tucson that wasn't produced by the lawyers themselves. It might also create confusion. This is a very critical time for us all, so what I would ask is that you forward your thoughts and ideas to me and I will personally see that they are shared with the Legal team. Thank you very much. Your initiative is wonderful! Erin On Wed, Oct 19, 2011 at 6:14 PM, Roy Warden <roywarden@hotmail.com> wrote:

"On Monday, the group filed for a court order blocking the city from enforcing rules that ban people from the park after it closes at 10 p.m. On Tuesday, U.S. District Judge Susan Dlott issued an order calling for a standstill on enforcing that rule in the park. The 28-hour stay expires at 8 p.m. Wednesday. Citations may then resume unless an out-of-court settlement is reached" Yes, this is what YOUR lawyers should have already done. The argument is not complex. Your lawyers should get off their lazy rear ends and engage in the same kind of aggressive action on your behalf. They need to go into federal court IMMEDIATELY and file a lawsuit for Decaratory Relief and Damages for violation of your rights to speech and assembly, and along with it they should file for a Preliminary Injunction to block Tucson from continuing to issue citations. This is foundational stuff and the ACLU already has "canned" lawsuits of this kind ready on the shelf, takes about 2 hours to dust them off and add a new statement of facts particular to your situation. Your lawyers haven't already taken this action because they don't want to "annoy" the city council and jeopardize their future (paid) court appointments. You don't know that your lawyers, too, even the one with a pony tail, is a part of "The Establishment." I tried to tell your one of your leaders this very point today and basically, and very arrogantly, was told to "shove off" because your wonderful five lawyers were handling everything. Yes they are. And, because they have not already filed in federal court, tonight the police will probably be back to issue more citations. roywarden@hotmail.com

Date: Wed, 19 Oct 2011 18:46:12 -0700 Subject: Re: LEGAL ACTION From: erinw@occupytucson.org To: roywarden@hotmail.com

Roy, I am not going to engage with you. I told you what the policy of Occupy Tucson was, and I'm not willing to be distracted by your personal agenda. I appreciate your passion, but I encourage you to direct your energy toward something that might help and not hinder Occupy Tucson. I don't really know you but from the few posts I've seen here and there, I think you really feel the heart and soul of the movement, and hope you find a more positive way to contribute. Erin To see messages related to this one, group messages by conversation. 10/19/11 Reply

Roy Warden
roywarden@hotmail.com To ERIN WHITFIELD From Roy Warden : (roywarden@hotmail.com) Sent: Wed 10/19/11 8:51 PM To: ERIN WHITFIELD (erinw@occupytucson.org) "Personal Agenda?" You just don't get it, and I'm not going to waste any more time. I'm going to do what I've done for the past six years: I'm going to file my legal actions to protect the first amendment and the people's right to engage in symbolic protest, irrespective of their political viewpoint, and whether you, your lawyers, or your group approves or not. I've already shed blood to protect everyone's rights, including your rights, in many ways which directly benefits all those of your movement who got citations. I've already engaged in legal actions and gotten decisions in Tucson City Court and Tucson Superior Court which now directly benefit your right of protest.

But you don't want to know about them, and benefit from them, because your lawyers don't want you to know about them. Your lawyers want to take the time to do the same things themselves, so they can grandstand and say, "We protected the first amendment." No they didn't. They just protected the system and what they consider to be their exclusive right to occupy the courts. Meanwhile you are going to continue to get citations. The yellow highlighted sections below was posted on your site by one of your leaders earlier today, but apparently you haven't read the story or if you did you don't comprehend it's implications. Contribute to your movement in a positive way? You've got to be kidding! You have no interest in finding out how I've already done so! I felt the "heart and soul" of your movement and all it implies in the sixties in Berkeley when I was involved in the anti war movement. What were you doing in the sixties? I became involved again six years ago here in Tucson, when I realized the Mexican poor were getting screwed and exploited by both the right and left wings, when you all were doing...what? What were you doing? What were you doing six years ago when I protected the right to engage in symbolic protest---burn the Mexican Flag in opposition to the Mexican government which was driving two million of its citizens into exile every year? Did you know my protests were in support of the Mexican poor, and against all those, right wing and left wing, who exploit them? No you don't and you didn't bother to ask. You simply believed what the media wrote and said, "Well, I don't care about the symbolic act of flag burning because I'm never going to do that. And if the city prosecutes him for that, what do I care?" "First they came for the communists, but I didn't say anything because I wasn't a communist. Then they came for the Jews, but I didn't say anything because I wasn't a Jew.

Then they came for the Republicans, but what did I care? I wasn't a Republican. Then they came for me. And when I cried out, there was no one left to hear." Six years ago Wall Street hadn't yet collapsed and you weren't the "heart and soul" of anything, while others, like me, fought in the trenches, got arrested, got up to fight again, to protect your right to engage in symbolic protest and stay in the park. That right was first protected in the 1950's by brave civil rights activists in the south, who had the guts to get in the face of the southern bigots. Now your "movement" has just woken up to discover that Wall Street has been screwing everyone. Guess what? That you have finally come to realize that is already boring to many of us old timers. Teddy Roosevelt knew about that in 1912 when he ran for President. Others like him have written eloquently on the subject, but as I talk to more and more of you I have found out that none of you have read the books or bothered to read the history of those who came before you and paved the way. The best book on the subject of your current "movement" is: Teddy Roosevelt, The Progressive Party, and the Transformation of American Society. I'll be at the city council next week, where I've been for the past six years, while you all were chanting, regarding your navels, or what-not . Please don't bother to talk to me.