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Occupy Des Moines: Dozens Arrested In Iowa, Including A 14-Year-Old

Des Moines Arrest

First Posted: 10/10/11 08:44 PM ET Updated: 10/11/11 06:46 PM ET

Dozens were arrested at the first Occupy Des Moines event Sunday night, including a former Iowa state representative and a 14-year-old girl. All but one of them have pleaded not guilty, and some are now asking how much the state's governor knew beforehand.

Video from the event shows police officers dragging or carrying away some protesters. Others were escorted away with their hands zip-cuffed. According to some who were arrested or witnessed the arrests and later spoke with The Huffington Post, many had bruises, cuts and scrapes from the arrests -- and they believed police had used excessive force.

Police arrested the protesters remaining on the Iowa statehouse's west lawn Sunday night for "trespassing" because they said the area closes to the public at 11 p.m.

Sgt. Jana Rooker, the public information officer for the local sheriff's office, told HuffPost she didn't have an exact number, but estimated around 40 people were arrested for trespassing and various other charges.

Sally Frank, a Drake University law professor who is providing legal guidance to the protesters, said she believes the arrests violated the protesters' constitutional right to peacefully assemble. Frank accused the police of going too far.

"There was a level of force that was used that I have not seen before in Iowa, and I've been doing legal support for protesters since 1990," Frank said.

Protesters had gathered on the lawn of the Iowa statehouse Sunday at noon to start a general assembly for the first Des Moines version of the protests that have spread around the country since Occupy Wall Street began on Sept. 17. At many Occupy events, general assemblies have been used to make consensus decisions about how to proceed. The Des Moines protesters decided to rename the area "People's Park" and later to stay beyond the 11 p.m. curfew.

They also heard from a lawyer about what to expect should police try to clear them off the property. They had been warned that if they did not leave at 11, the state police would begin making arrests.

David Goodner, who was arrested, told HuffPost that police began arriving at 10:30 p.m. Another attendee, Jon Vaage, said at least two police vans arrived near 11 p.m.

About 150 people reportedly remained at 11, and around 40 to 50 stayed in the area they had been told to vacate. Frank said two officers approached them at 10:30 with a warning that arrests would begin at 11, but she said the protesters were not given one last chance to leave at 11.

"They came right at us, and we chanted our statement of intent," Goodner said. He added that protesters linked arms and sat down -- a common tactic for resisting arrest during political demonstrations.

A 14-year-old girl was among those arrested and was taken to a juvenile detention center. Frank said that usually in such cases the teenager would be promptly released to her parents, but the troopers opted to take her away instead. The girl was released around 1:30 a.m. Monday.

A similar protest began in Iowa City near the University of Iowa only two days before Occupy Des Moines. Several more demonstrations are planned in smaller towns around the state.

Police have not interfered with the protest at Occupy Iowa City, in part because that group inquired about obtaining a permit from the city. The protesters in Des Moines couldn't get a permit for their location at the capitol building.

Former state Rep. Ed Fallon was one of the first to be arrested Sunday night. Fallon said he has walked through the area late at night many times before without being stopped, and he wondered who made the call to begin arrests and whether Iowa Gov. Terry Branstad (R) was involved.

"The governor did not order these arrests," said Tim Albrecht, communications director for the governor's office, in an email to HuffPost. "The governor supports the Iowa State Patrol’s actions, which followed proper protocol. The citizens were informed a permit was needed, and chose not to pursue one."

At a press conference on Monday, Branstad said that permits are not available to stay overnight on the state capitol grounds.

"My feeling is I think it’s all right to have a demonstration here at the capitol, but it’s not meant to be a place to camp out overnight," the governor said.

State troopers reportedly told protesters that the capitol grounds are considered a state park and close at 11 p.m. But Frank said there are no signs to indicate either of those things.

Fallon said he thought the state police were out of line Sunday. "We were in public space, not obstructing traffic," he said, "so there was nothing to be gained except to just bust us up. … It ruined my fond impressions of the state patrol and also just fueled this movement. We are not intimidated by this."

Vaage, who watched the arrests from a distance, said he couldn't believe how they took place.

"After I left, I was thinking to myself how unbelievable this is happening here. It doesn't seem like the product of what this country is about," Vaage said. "It was unnecessary to coordinate such a large force to eradicate this movement at this park. It was kind of, like, shocking to see that kind of show of force or show of authority over something as simple as a curfew."

Goodner, Fallon, and other protesters told HuffPost that, despite the setback with the arrests, they felt optimistic the movement was gaining power.

"I've been a political activist for 27 years and never seen anything that carries this much potential for change," Fallon said. He planned to go back to the Occupy Des Moines protest. More Occupy events are scheduled to begin later this week in Iowa.

Frank said the protesters who were arrested would request a trial by jury to fight the trespassing charges.

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Dozens were arrested at the first Occupy Des Moines event Sunday night, including a former Iowa state representative and a 14-year-old girl. All but one of them have pleaded not guilty, and some are n...
Dozens were arrested at the first Occupy Des Moines event Sunday night, including a former Iowa state representative and a 14-year-old girl. All but one of them have pleaded not guilty, and some are n...
 
 
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calmly2
Words matter.
08:48 AM on 10/12/2011
I would be hopping, cursing mad if someone arrested MY 14-year-old daughter.
04:45 PM on 11/02/2011
I would like to know what kind of mom would have taken her 14 year old to such a protest
09:46 PM on 10/11/2011
Not surprising from Gov. Terry Braindead and the conservative crazies in Des Moines.
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HUFFPOST SUPER USER
loveis22984
ah wah wrong wi yah
07:59 PM on 10/11/2011
Pay attention to net neutrality laws.
02:16 PM on 10/11/2011
If Chet was still gov. the arrests wouldn't have happened he at lest understood the people in this state not terry bandy who only cares about the money the state gets in every year what has he done for this state since being elected back in? Allow dove hunting go on a trip to S. Korea. Can't think of anything else.
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disporting
Weapons not food, not homes, not shoes
03:00 PM on 10/11/2011
Chet was still corrupt and bought by big ag, but i doubt he would have arrested the people as well.
12:37 PM on 10/11/2011
So they were repeatedly asked to leave being the grounds closed at 11pm as it was considered state park property. They were arrested when they didn't after being repeatedly warned. They were arrested because they broke the law! These police are just doing there jobs, they have families to go feed and go home to. Do you think they want to deal with people who can't listen? Occupy Iowa City got a permit and protested on grounds that didn't close and had no issues. These people were idiots and couldn't even go about a sit in right. Stop demonizing our civil servants they are brave enough to stand up and do this job give them the respect they deserve. Regular everyday civilians don't seem to understand following orders but all the prior military and civil servants should. You do your job, you go home.
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HUFFPOST SUPER USER
CaptainRenault
Here to keep an eye on the rascals.
06:42 PM on 10/11/2011
Nonsense. The people have a right to peaceably assemble. It's guranteed in the Bill of Rights.

Wake up!

^ ^
07:01 PM on 10/11/2011
"Regular everyday civilians don't seem to understand following orders" LOL, Thank God we live in a country where we dont have to.
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TomTheSeal
Represent our wishes; best interests are arguable
12:31 PM on 10/11/2011
America:

1% own 60% of America.
2% own 80% of America. 98% of America owns only 20% of America.

If true, these figures are abysmal and indicate that there is no longer a true middle class in our country.

But there is worse news : Things are getting worse with the 1% scarfing up more wealth and power with each passing day !

We're living under a rogue runaway government and a rigged system of politics, money, and media.

It is time for the 99% to divorce themselves from the 1% and the existing rigged systems they have imposed on us.

It is time for the people in all 50 States to VOTE for a 50 State secession from the existing government and replace it with one that represents us.

It is time to re-OCCUPY our country and give the elitists the boot. Hell, they have plenty of money so let them go live in countries they are obviously very fond of : China, Iraq, Afghanistan, India and Mexico !
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Blodo
Time to build a better world
08:43 PM on 10/11/2011
Agreed. And for more on that point, I recommend a book by Canadian author Linda McQuaig:
"THE TROUBLE WITH BILLIONAIRES: Why too much money at the top is bad for everyone"
12:06 PM on 10/11/2011
At 1pm today, it is expected that the state will issue an official permit for an indefinite, 24/7 occupation of People's Park, state capitol, East 7th and Locust. This was an update from the Occupy Iowa FB account. Great news! Go Iowa!
12:34 PM on 10/11/2011
Thanks for mentioning our state's constitution! The actual article you refer to is both succinct and sublime:

Laws uniform. Sec. 6. All laws of a general
nature shall have a uniform operation; the
General Assembly shall not grant to any citizen,
or class of citizens, privileges or immunities,
which, upon the same terms shall not equally
belong to all citizens.
04:54 PM on 10/11/2011
Thank you for giving the full text of the elegant passage in our Constitution.
TXLiberAL7
A beacon of light in the fog of ignorance..
10:28 AM on 10/11/2011
Iowa the new Syria?
HUFFPOST SUPER USER
dax49
10:26 AM on 10/11/2011
Don't you just KNOW that the governor is a republican!
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HUFFPOST SUPER USER
frank day
Republican = FAIL
10:18 AM on 10/11/2011
It is interesting to watch these protests and see how the different police departments respond.

Boston, Des Moines, New York, you need to fix your departments.
hgus
It's not about the economy, stupid
10:03 AM on 10/11/2011
Anyone have an first hand input on how police officers feel about having to arrest these people?

After all OWS is fighting for their pay, collective bargaining, pensions, insurance, healthcare, and funding for decent equipment.

Is there any talk about a blue flue?
12:30 PM on 10/11/2011
I talked with the head of the trooper last night. They are in support of us getting the permit. They stressed that they do not want anyone to get hurt.
hgus
It's not about the economy, stupid
02:40 PM on 10/12/2011
That is what we need!
10:03 AM on 10/11/2011
Oh, that little old lady was definitely a pot smoking communist hippy
HUFFPOST SUPER USER
fastronaut
Something witty
10:29 AM on 10/11/2011
Yeah--I think it was Rosa Luxemburg.
09:55 AM on 10/11/2011
The govenor of Iowa is a bankster and violates the Civil Rights of the People and violates the right of Assembly of the People. DOWN with the banksters!
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disporting
Weapons not food, not homes, not shoes
02:55 PM on 10/11/2011
Yep
hank101
do you realy believe all that -----
09:54 AM on 10/11/2011
This is the same tactis they used on us in the 60's remember Kent State, Montgomery, ala. the
theory is "Put em down Hard" and they will go away. were were water hosed, tear gassed, beaten
and even shot. but we didnt go away. Hang tough people the fight is worth the sacrafice. My
prayers are with you.
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HUFFPOST SUPER USER
bigmadd
Retired Teamster & Vet USN
10:19 AM on 10/11/2011
fan n fav
09:42 AM on 10/11/2011
I would like people to remember that Iowa was the first state to allow interracial marriage, one of the first states to support gay marriage, and we were the state that thought we were launching change by caucusing for Obama. We usually follow the rules, are a polite people, and are slow to anger. We also have in our Constitution the statement (I'm paraphrasing, I apologize) No one group shall be given rights that are not allowed to all. We tend to play fair and expect the same, sadly, we have been disillusioned.
HUFFPOST SUPER USER
TexasMom
Grampa was a Commie and no one cared!
06:26 PM on 10/11/2011
I spend 5 months in Iowa every year and own property there. I am always proud to be a part time Iowan.

fanned and faved!