Abstract
Negotiated management—various forms of communication, collaboration and cooperation between police and protest organizers, often taking the form of protest permits—has been mainly theorized as a means to mitigate police violence while respecting protesters’ 1st Amendment rights. A few theorists have problematized this view, suggesting that negotiated management is a form of social control that puts various restrictions on dissent. Drawing from my research on Occupy Oakland, I build upon these critiques to illustrate how negotiated management was used as a tool of repression in two key ways, and how newer forms of repression (strategic incapacitation) are still enmeshed in its logic. First, by criminalizing legal activity among protesters, through the use of a permit, who were then subjected to police repression. Second, I show how negotiated management as a normative structure of protest was used as a form of repression, even when communication and cooperation with police were clearly rejected by the movement. I illustrate how the refusal of negotiated management was used to discredit the movement and subject it to physical repression. Rather than seeing negotiated management as an alternative to police repression and strategic incapacitation, I argue that they are two sides of the same policing project, the primary aim of which is to prevent disruptive protest.
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Notes
While there are several potential problems with the data, such as underreporting of aggressive policing in later years as well as changes in the nature of protests (as Soule and Davenport note), or the social status of those protesting or various forms of oversight over police abuse, the basic shift in policing that McPhail and McCarthy outline is accurate.
The General Assembly was the legitimate decision-making body of local Occupy sites. Most operated on a consensus model, or, like Oakland, a variant of it which required 90 % approval on any vote taken. The General Assembly was a barrier to both movement cooptation (small groups asserting leadership) and negotiated management (since it is hard to get 90 or 100 % agreement to negotiate).
Colin, Chris. “A Teepee Grows in Oakland.” Salon. 11/30/11. http://www.salon.com/2011/11/30/a_teepee_grows_in_oakland/.
Omar Yassin. “Interview with Phil Horne.” 11/29/11. http://hyphyoo.wordpress.com/category/october-december-2011/.
Colin, Chris. “A Teepee Grows in Oakland.” 11/30/11. http://www.salon.com/2011/11/30/a_teepee_grows_in_oakland/.
Omar Yassin. “Interview with Phil Horne.” 11/29/11. http://hyphyoo.wordpress.com/category/october-december-2011/.
John Osborn. “Over Last Two Weeks, 40 Arrests, and Rising Tensions Between City Officials and Occupy Protesters.” Oakland North. http://oaklandnorth.net/2012/01/06/over-last-two-weeks-40-arrests-and-rising-tensions-between-city-officials-and-occupy-protesters/.
City of Oakland, 11/29/11. “City of Oakland Issues Permit for Symbolic Teepee on Plaza and Reinforces Ground Rules for Peaceful and Safe Demonstrations.”
J.P. Massar. “The Story of Khali: A Modern American Political Prisoner.” 1/9/12. http://www.dailykos.com/story/2012/01/09/1053010/-The-Story-of-Khali-A-Modern-American-Political-Prisoner.
For example, the WTO protests in Seattle in 1999 or the attack on Occupy Oakland October 25, 2011.
For example, the policing of the Free Trade Area of the Americas demonstration in Miami (2003), or the World Economic Forum protests (2002).
Frazier Group, LLC. 2012. “Independent Investigation: Occupy Oakland Response, October 25, 2011.” P. 24. http://www2.oaklandnet.com/oakca1/groups/cityadministrator/documents/webcontent/oak036236.pdf.
CBS San Francisco. “Charges Dropped Agains Many Occupy Protesters Arrested In Oakland.” 2/1/12. http://sanfrancisco.cbslocal.com/2012/02/01/charges-dropped-against-many-occupy-protesters-arrested-in-oakland/.
Steven Angell, et al. V. City of Oakland, et al. United States District Court, Northern District of California (Case # C13-0190).
City of Oakland. “City Prepared for Occupy Oakland Protest Saturday.” (Press Release). 11/27/12. http://www2.oaklandnet.com/oakca1/groups/cityadministrator/documents/pressrelease/oak033073.pdf.
Ibid.
Judy Keen. “Oakland Assesses Damage After Occupy Protesters, Police Clash.” USA Today, 1/30/12. http://usatoday30.usatoday.com/news/nation/story/2012-01-29/occupy-oakland-protests/52871646/1.
Demian Bulwa, Matthai Kuruvila and Kevin Fagan. “Occupy Oakland Throng Closes Down Port.” 11/2/11. http://www.sfgate.com/bayarea/article/Occupy-Oakland-throng-closes-down-port-2324685.php.
Kevin Fagan. “Occupy-Labor Alliance Seen as Increasingly Unlikely.” San Francisco Chronicle, 11/6/11. http://www.sfgate.com/news/article/Occupy-labor-alliance-seen-as-increasingly-likely-2324191.php#photo-1830229.
Kevin Fagan. “Mellower Occupy Movement Grows in the Suburbs.” San Francisco Chronicle, 11/20/11.
http://www.sfgate.com/bayarea/article/Mellower-Occupy-movement-grows-in-the-suburbs-2288741.php.
Kevin Fagan. “Protests of Past Hold Lessons for Today.” San Francisco Chronicle. 12/4/11. http://www.sfgate.com/news/article/Protests-of-past-hold-lessons-for-today-2345207.php.
Kevin Fagan. “Opposition Grows to Occupy’s Port Shutdown Plan.” San Francisco Chronicle. 12/11/11. http://www.sfgate.com/news/article/Opposition-grows-to-Occupy-s-port-shutdown-plan-2395227.php.
Kevin Fagan. “Occupy Oakland Looking Beyond Port Blockades.” San Francisco Chronicle, 12/14/11. http://www.sfgate.com/bayarea/article/Occupy-Oakland-looking-beyond-port-blockades-2400246.php.
Kevin Fagan. “Occupy Oakland Protesters Split Over Violence.” San Francisco Chronicle, 1/31/12. http://www.sfgate.com/bayarea/article/Occupy-Oakland-protesters-split-over-violence-2852332.php.
Kevin Fagan. “Protests of Past Hold Lessons for Today.” San Francisco Chronicle. 12/4/11. http://www.sfgate.com/news/article/Protests-of-past-hold-lessons-for-today-2345207.php.
Frazier Group, LLC. 2012. “Independent Investigation: Occupy Oakland Response, October 25, 2011.” www2.oaklandnet.com/oakca1/groups/…/oak036236.pdf.
References
Agamben, G. (2005). State of exception. Chicago: University of Chicago.
Deleuze, G., & Guattari, F. (1983). Anti-oedipus: Capitalism and schizophrenia. Minneapolis: University of Minnesota.
Fernandez, L. (2009). Policing protest: Social control and the anti-globalization movement. New Brunswick: Rutgers.
Foucault, M. (2007). Security, territory, population. New York: Palgrave Macmillan.
Gillham, P. F., Edwards, B., & Noakes, J. A. (2013). Strategic incapacitation and the policing of occupy wall street protests in New York City, 2011. Policing and Society, 23(1). doi:10.1080/10439463.2012.727607.
Graeber, D. (2007). Possibilities: Essays on hierarchy, rebellion and desire. Oakland: AK Press.
Gramsci, A. (1971). Selections from the prison notebooks. New York: International.
Kraska, P. (Ed.). (2001). Militarizing the American criminal justice system: The changing roles of the armed forces and the police. Boston: Northeastern University.
Marx, G. (1998). Some reflections on the democratic policing of demonstrations. In D. della Porta & H. Reiner (Eds.), Policing protest: The control of mass demonstrations in Western democracies. Minneapolis: University of Minnesota.
McCarthy, J., & McPhail, C. (1998). The institutionalization of protest in the United States. In D. Meyer & S. Tarrow (Eds.), The social movement society: Contentious politics for a new century. Lanham, MD: Rowman & Littelfield.
Mcculloch, J. (2004). Blue armies, khaki police and the cavalry on the new American frontier: Critical criminology for the 21st century. Critical Criminology, 12, 309–326.
McPhail, C., & McCarthy, J. (2005). Protest mobilization, protest repression, and their interaction. In C. Davenport, H. Johnston, & C. Mueller (Eds.), Repression and mobilization. Minneapolis: University of Minnesota.
McPhail, C., Schweingruber, D., & McCarthy, J. (1998). Policing protest in the United States: 1960–1995. In D. della Porta & H. Reiner (Eds.), Policing protest: The control of mass demonstrations in Western democracies. Minneapolis: University of Minnesota.
Noakes, J., & Gillham, P. (2006). Aspects of ‘New Penology’ in the police response to major political protests in the United States, 1999–2000. In D. della Porta, A. Petrson, & H. Reiter (Eds.), Policing of transnational protest. Abington, Great Britain: Ashgate.
Parenti, C. (1999). Lockdown America: Police and prisons in the age of crisis. New York: Verso.
Piven, F. F., & Cloward, R. (1977). Poor peoples’ movements: Why they succeed, how they fail. New York: Pantheon.
Soule, S. A., & Davenport, C. (2009). Velvet glove, iron fist, or even hand? Protest policing in the United States, 1960–1990. Mobilization, 14(1), 1–22.
Starr, A. (2006). ‘… (Excepting barricades erected to prevent us from peacefully assembling)’: So-called ‘violence’ in the global north alterglobalization movement. Social Movement Studies, 5(1), 61–81.
Starr, A., Fernandez, L., & Scholl, C. (2011). Shutting down the streets: Political violence and social control in the global era. New York: New York University.
Thomas, P. (2009). The gramscian moment: Philosophy, hegemony and marxism. Chicago: Haymarket.
Tilly, C. (1985). War making and state making as organized crime. In P. Evans, D. Rueschemeyer, & T. Skocpol (Eds.), Bringing the state back. New York: Cambridge.
Waddington, P. A. J. (1995). Controlling protest in contemporary, historical and comparative perspective. In D. della Porta & H. Reiner (Eds.), Policing protest: The control of mass demonstrations in Western democracies. Minneapolis: University of Minnesota.
Williams, K. (2011). The other side of the COIN: Counterinsurgency and community policing. Interface., 3(1), 81–117.
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King, M. Disruption is Not Permitted: The Policing and Social Control of Occupy Oakland. Crit Crim 21, 463–475 (2013). https://doi.org/10.1007/s10612-013-9198-z
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DOI: https://doi.org/10.1007/s10612-013-9198-z