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Richard (RJ) Eskow

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Privatizing Liberty

Posted: 11/17/11 09:17 PM ET

As Mayor Bloomberg's forces swooped down on Occupy Wall Street, news reports described the "hundreds of police and private security guards" who had re-taken Zuccotti Park. Those private guards were used against public citizens who had been exercising their civil liberties in a public area.

That's not just wrong. It's un-American.

This incident holds an important lesson for anyone who loves our freedoms: when something public is made private, our liberties are privatized, too. And privatized liberty isn't liberty at all.

Privatizing Liberty

Zuccotti Park. New Yorkers knew it as Liberty Plaza Park for nearly half a century. Like other sites in New York, the plaza was created through an agreement between the city and a private company, United States Steel, that wanted to erect a building that exceeded the city's height limits. So the city made them a deal: you can take up more than your share of the public skyline, but in return you have to give the city some open space at ground level.

This wasn't a gift. It was a fair exchange between two parties, a private corporation and the people of New York. The people gave up a chunk of their skyline, and the owner agreed to provide an open -- and, by agreement, fully public -- space in return. New York City makes these deals fairly often. The plazas created by these agreements are called "privately owned public spaces," or "POPS," and the city has lots of them.

The Mayor may want to read that phrase again: it doesn't say "privately owned private spaces." Both the owner and the city are obligated to keep them for public use, in the public sphere, with all the laws and freedoms that apply to public space.

The park's current owner, Brookfield Properties, rebuilt the park with private donations after it was damaged in the 9/11 attacks. With Mayor Bloomberg's permission, they also overstepped tradition and the bounds of propriety by renaming the park -- not for the thousands of innocent people who died that day, but for their own chairman.

The symbolism is perfect: they replaced a treasured word for freedom with the name of a rich guy who'd done nothing to create the park. With the Mayor's blessing, they literally privatized the word "liberty."

Like I said, perfect. Tragic, but perfect.

Private Dicks

Brookfield overstepped its bounds when its CEO sent the mayor a letter saying that the Occupation "violates the law, violates the rules of the Park, deprives the community of its rights of quiet enjoyment to the Park, and creates health and public safety issues." Those aren't decisions a private company, even an owner, should make about a public space. They are judgments an elected official makes on behalf of a free citizenry.

This week Bloomberg and Brookfield have used the park's semi-private status as an excuse to invade a public space with a private security force. Whoever these guys were -- besides rude and uncivil -- they served as a kind of Blackwater militia, but targeting New Yorkers instead of Iraqis. (At least Brookfield says it fired the guard who called a citizen a "faggot.")

When it comes to privatization, it seems the Mayor has boundary issues. He has repeatedly used the park's private ownership status to claim that the public has fewer rights there than it does in other public spaces. That's false. But then, that's the problem with "public/private partnerships." The "public" partner always gets rolled the public one.

But then, that's how these people are. Give 'em an inch and they'll take a mile. The lesson of Zuccotti Park is: never give them an inch.

Thin Blue Line, Thick Green Wallets

News reports noted the presence of two different groups, New York City police officers and private security guards, but in some ways that's become a distinction without a difference. The NYPD is frequently rented by the same Wall Street banks that broke the law, crashed the economy and got away with it. As Pam Martens reported in Counterpunch, Rudy Giuliani created an operation called the "Paid Detail" unit that turns New York's Finest into a "rent-a-cop" service for anyone with the money to pay for it.

And who has more money in New York than the banks? As Martens reports, companies like Lehman Brothers, Goldman Sachs, and the New York Stock Exchange have rented the Thin Blue Line with the cash from their Thick Green Wallets. Even after the Stock Exchange was found to have illegally taken over public streets and walkways and "created a public nuisance," nobody was fined or arrested.

But then, it must be hard for a cop to arrest anybody that he sometimes has to address as "boss." Maybe that's one of the reasons why a retired Philadelphia police officer, Capt. Ray Lewis, was willing to be handcuffed and arrested by fellow officers during the protest. Capt. Lewis called their rationale for arresting him a 'farce' and promised to return.

2011-11-18-raylewis.jpg

(photo by permission of the photographer, Lauren Thorpe)

New York isn't the only city that rents out its police force. But the financial capital of the nation bears moral and civic responsibilities that Mayors Guiliani and Bloomberg have disrespected and violated. The photograph of Capt. Lewis is like an image of law enforcement's honor, handcuffed by the mercenary instincts of Gracie Mansion's two most recent occupants.

Checkbook Democracy

But then, why would Michael Bloomberg be expected to understand that privatization is undemocratic? He "privatized" the electoral process, one of our most sacred democratic institutions, by buying himself the mayoralty. And he spent unprecedented levels of campaign cash from his personal billions to do it. Then, when he didn't like the term limits that the people of New York had decreed for their mayor -- well, he "privatized" that, too.

But this isn't really about Michael Bloomberg. Despite his reputation for healthy self-regard, even the billionaire mayor is only a symptom of a much larger problem. Rich people have been buying elections for so long that it's become the newest form of self-indulgence, conveying even more status than a Citation jet or a private island. Public office is the newest must-have item for the excessively vain and excessive well-to-do, a kind of vanity press for the self-published authors of their own meritless political careers. Bloomberg is merely today's most conspicuous, extravagant, and fiscally irresponsible member of an increasingly ordinary club.

You don't have to be a billionaire to run for office these days, of course. But if you're not, you'll spend most of your time begging them for money. No wonder the 1 percent call all the shots in government. They own it.

I've always thought it would be a good idea if elected officials wore the insignia of the corporations that sponsor them, the way race car drivers do.

Sold American

Republicans want to privatize Social Security and Medicare. The Bush and Obama Administrations have privatized law enforcement on Wall Street by asking banks to police themselves. And during the devastating San Diego fires, residents learned that AIG had created a private fire department that saved the homes of its clients while other nearby houses burned.

Privatized police. Privatized fire departments. Privatized prisons. Privatized armies of Halliburton and Blackwater soldiers. When for-profit companies perform government functions, they'll do it in a way that makes them money. That's not hard to understand, but our "leaders" keep doing it anyway.

Why? Because they've privatized their consciences, too.

 

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08:53 PM on 11/24/2011
Wow. Well said. And so true. They are doing this with everything. The privatization and Corporate takeover of everything in our lives. They make it illegal somehow or restrict it and then they can control it all. Example...in the name of public health safety restrict the growing and sale of food so only they can produce it and if we want to eat we have to buy their genetically processed garbage...or be fined or go to jail. And our water is on the list. They will poison all the aquifers with fracking in the name of "clean gas and US self sufficiency and they sell us the only water left that they have already bought up all the rights to. WHEN do we take it all back ???? Are we going to just sit back until its too late.
01:57 PM on 11/19/2011
Run to the hills, run for your life; Iron Maiden.
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11:02 AM on 11/19/2011
OWS would be wise to get their story straight on Zuccotti. First they played the private card when the city wanted them out. I bought that argument fully. If it's a private park and the owners aren't taking issue, the city should have little to say about it. Now that the "owners" are taking issue it's not really a private park anymore? So who has jurisdiction?
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dhinds
A Collection of Quotable Gems
06:07 PM on 11/24/2011
Hump, the issue has nothing to do with OWS. Like a coin, the future of the USA is up in the ai. Sadly, the direction the nation has taken is based on exceptionalism, exploitation and consumption for it's own sake. Previous to the European Invasion, the concept of private land didn't exist. The Native American indiginous tribes were slaughted or run off their land by the colonists, who then fenced it off. In the South, cotton was cultivated by slaves - human beings robbed of their humanity, with no power of self determination. Women were not much better off.

Rather than consider the nation's natural resources a means to develop a sustainable, equitable and integral society, a privileged few were allowed to irrationally extract all they could, and corner the market.

The OWS consists of a diverse group that knows something is wrong and is looking for a better way, through strength in numbers.
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OMEGA MAN
A wise man learns from the mistakes of others.
08:16 AM on 11/19/2011
Private Security guards have NO liability protection like police. They are under no oath to do anything. Private security companies fire guards if you make a complaint with the company. Guards only have the same power as a normal citizen. Police dislike security guards for taking their work. Just complain to the company , threaten to sue the company enough and the guards will be gone. When guards see the company throw their fellow guards under the bus the guards will be gone.
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tb1947
12:52 AM on 11/19/2011
I thought Zuccotti Park was a private park. In any case, no right to set up camp in the park, beat drums all night and generally become a nuisance to others trying to carry on with their lives. I think those carrying out this civil disobedience fall more into the 0.5% of folks who expect something for nothing.
09:37 AM on 11/19/2011
Are you saying that Justice would more appropriately be served if those who have been left homeless due to the recent financial imbroglio were the people camping out in Liberty Plaza Park?

http://www.naehcy.org/dl/TheEconomicCrisisHitsHome.pdf
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carburetor
Because money isn't everything!
12:31 AM on 11/19/2011
Richard Eskow nailed it! Facts, not FOX. Thank you! Right wing lawbreakers are admired by the right, but woe be to the left if they should ever wander from the straight and narrow path of the law.

Fanned!
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HUFFPOST SUPER USER
Curtis Echols
PawPaw
12:17 AM on 11/19/2011
One of the best posts I'v ever read! Thanks,Fanned,Fasebook shared!
11:58 PM on 11/18/2011
Your sense of freedom seems to include breaking the law without consequences. You claim that the banks did it and you object. But, now you encourage law breaking by the Occupiers. Which is it?
It matters not who helps in the removal of a discusting situation.
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HUFFPOST SUPER USER
jhnnxn
Won't say it face to face? Don't post it online!
10:22 PM on 11/18/2011
I don't live in NY but I'm certain that in the rules that the city has for these abominations called "privately owned public spaces, and I'm just as certain that one of them is that citizens are not permitted to take up residence there. Then there's the twisted consideration of occupation as expression. If this wasn't the election year that it's shaping up to be the protestors would have been booted long ago. Just when you need Frank Rizzo he's dead!
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mlaiuppa
Pres. Sarcasm Society. Like we need your approval.
03:15 AM on 11/19/2011
So money can be free speech, burning a flag can be free speech, but occupying can't be free speech?
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HUFFPOST SUPER USER
jhnnxn
Won't say it face to face? Don't post it online!
08:41 PM on 11/20/2011
Exactly. If the ecercising of your right in and of itself violates the rights of another, you didn't really have the right you thought you did. Consider that burning your own flag is free expression, but if you burn my flag you're just a common thief.
10:00 PM on 11/18/2011
"were used against public citizens who had been exercising their civil liberties in a public area."

Totally untrue. The OWS people had no right to camp there, and no right to resist the police who were trying to enforce the law.
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Hiphopcrates
Kicking the money lenders out of the Temple
07:05 PM on 11/18/2011
If only Superman was here!
10:39 PM on 11/18/2011
Even superman had to serve billionaire lex luthor when luthor bought the US presidency and used him to destroy "America's enemies" (ie luthor's enemies ie the justice league). Batman had to take him down.
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HUFFPOST SUPER USER
Kurt Mundt
Interesting world we live in, eh?
06:50 PM on 11/18/2011
Conscieniousness is cheaply bought. Voting for the lesser of two evils? It is still a vote for evil.
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HUFFPOST SUPER USER
Kurt Mundt
Interesting world we live in, eh?
06:39 PM on 11/18/2011
Cash money knows no nationality. It knows no national loyalty.
SapientiaAudit
Tempus Dicit, Sapientia Audit.
06:38 PM on 11/18/2011
Let's face it. When political office and influence is for sale to the highest bidder and it's the politicians that make the rules that govern their own behavior in this regard, it seems like the only solution is to get rid of the politicians, scrap the current system, and start over from scratch.

I'm not saying that the will for such a drastic change exists in our country today. In fact, I think were the will exist, the entrenched power structure would do everything in its power up to and including military intervention, in order to stop the needed changes from happening.

Still, that's the only way we'll ever get our country back from the wealthy interests that have co-opted it for their own purposes.
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HUFFPOST SUPER USER
Curtis Echols
PawPaw
12:21 AM on 11/19/2011
Heads up! There have been a few countries who have sucseeded latly!
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biggerjake
Religion poisons everything...
07:41 AM on 11/19/2011
tempus dicit, sapientia audit

Does that mean "The times speak, wisdom listens."?

That is particularly relevant at the moment. The OWS protests are a sign of the times...and a harbinger of things to come. The times are really trying to tell us something…in more ways than one.

As JFK said: Those who refuse to allow peaceful protest make violent protest inevitable.
SapientiaAudit
Tempus Dicit, Sapientia Audit.
05:57 PM on 11/22/2011
Close enough for government work. The literal translation is "Time speaks, wisdom listens."

Good to know that some people know a little Latin around here.

Your point is well taken, but only time will tell what the outcome will be.
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SantaMonican
Visit the carousel, in the Hippodrome, on the pier
05:38 PM on 11/18/2011
Looks like your billionaire mayor isn't the man of the people he portrays himself to be.
10:01 PM on 11/18/2011
Really? His actions in clearing out these OWS people appears to be pretty popular in NYC.
06:07 PM on 11/19/2011
oh no he is not . he is regarded as the Mayor of Park Avenue .