Officer R. McMenamy informed me that using chaulk on public property is considered grafitti even though it is temporary, not permanent.

Upon confrontation by the officer I immediately said "I have the right to remain silent. I want to speak to my attorney". After making these two statements, I refused to say another word-including identifying myself. With no ID on my person, I couldn't be identified whatsoever. He proceeded to handcuff me and I went limp demonstrating PASSIVE RESISTANCE. At least three marshals were need to carry my body to the police vehicle.

I sat shirt-less in the marshal's vehicle for about an hour and was then taken to the Las Vegas City Detention Center on Stewart and Mojave for booking. I arrived at the jail at approximately 4pm and continued to refuse to identify myself until after about 3 hours in a holding tank (temporary cell used during the intake process).

Even after giving my name, address, and social security number, I spent about 5 more hours in the holding tank. I was then taken into the "general population" at about midnight.

I spent the next day, Wednesday, in "Unit 6" with mostly traffic offenders. Some inmates were being held for domestic violence, drugs, or outstanding warrants. I shared a cell with 5 other men. The majority of the inmates were people of color- specifically Mexicans and black folks.

The food was the worst part of the "punishment" at the city jail. The first meal I endured was called bisquits and gravy- two pieces of bread with brown meat gravy. It was honestly disgusting. Almost every meal included milk too. Even though I am lactose intolerant, I drank the milk just to help fill my belly. I actually lost 5 pounds in my two day jail time. We got "three hots and a cot" each day as they say. It was a little hard to sleep on an empty stomach too.

Other than the low-calorie diet, the experience wasn't too uncomfortable. My "cellies" (cell mates) were all very nice. We spent our days talking, reading books, watching movies like "Mr. and Mrs. Smith" in the "day room" during our "free time", and sleeping. There are also phones you can use. But, you cannot call people with cell phones. That fact made it impossible for me to reach any of my friends or family.

On Thursday morning I got to speak to the judge, Abby Silver, via video court. I sat in a "courtroom" located at the jail with about 50 or more inmates. We were given a long lecture filled with legal advice and LIES about our rights (or lack thereof) by one of the correctional officers. We were told that any pleas of "not guilty" would result in a minimum of 30 days in jail, waiting for a court date. We were instructed that pleas of "no contest" by which you agree to be sentenced without actually saying "guilty" would be the best option for everybody. And that is just what I did.

I agreed to plea "no contest" in order for a sentence of "time served". The city attorney suggested a fine in addition, but I told the judge I wouldn't pay a fine. I explained that the "grafitti" was done with CHILDREN'S CHAULK! She seemed a little disturbed by that fact and agreed to drop any fines. I was told I would be released the same day. And at about 11pm myself and 11 others were dropped off at 1st St. and Lewis. I then walked home, contemplating the whole concept of "FREEDOM".

Not sure if this should be centered?

JOE

Thank you, Joe, for your story about your arrest, detention and arraignment. Just sorry that it happened to you, and am glad you're all right, even if you lost a little weight.

Thanks for the insight into the city detention center, Joe. I'm real glad to read that your experience was one of enlightenment and learning. As you know, people of color are suffering the kind of treatment you experienced on a daily basis, from the arrest based on false pretenses to the uncomfortableness of eating in jail. Every second we sit in our homes and comfortably watch TV or listen to CDs or use our computers, someone else is being falsely arrested and detained in an uncomfortable, dehumanizing detention center. I appreciate you sharing this experience with us.

Every month at First Friday (the city of LV arts festival) people chalk up the streets and sidewalks around the Funkhouse!

Why don't the marshals and/or police arrest those people? Oh- maybe it's because they aren't feeding the homeless and hungry!

Interesting, eh?

-artist

artist: You forgot to mention one other reason why the sidewalk chalk artists at First Friday aren't arrested, and that's because neither their art, nor the context it occurs in, is political.

I once allowed an art show to be hung in a small room that used to be called David Curtis Studio.
The show was Grimoire, by David Anson.
Within the space of that small room, the show was happy and well received.

However, we had hung a few pieces on a wall outside of the space, in a "common" hallway, in a "private" building. One person, a frame shop owner, who perhaps had latent control-freak issues, perhaps linked to his parental/religious beliefs or his alcoholic annon. status; decided it was up to him to decide that the images in the hallway were inappropriate. He defended this belief by arguing that "some kids might see them".

So I responded, sadly, by exchanging some of the images from inside the room with some of the images outside the room and that seemed to calm him.

The potential for censorship is everywhere, sometimes. Espec. on "public" sidewalks.

Perhaps we should have a rule(?) that says:
it is OK to use washable/non toxic chaulk
on public sidewalks?

The only trouble with this is the chaulk marks should not obscure any needed safety markings.

MY GOD, don't the POLICE have anything BETTER to do than arrest people who are chaulking?

Whomever arrested you is an embarrassment to the police force.

Another thing I should have mentioned in my last comment about the difference between the sidewalk chalking that led to Mr. Sacco's arrest and the sort that's practised on First Fridays is the context in which they were made.

Sacco's was made in the context of a political demonstration and had a political message that the Powers That Be here don't like, nor want to see nor hear.

The First Friday sidewalk art is quite probably(haven't seen it myself)non-political, or at least non-threatening to the Powers That Be, and occurs in the context of a City of Las Vegas-authorised event that generates a fair amount of money for the City and for those artists and businesses in sufficient position to cash in on it.

No, ain't excusin' the City's nor the Marshalls' actions regardin' Mr. Sacco here.

Just am pointin' out the contexts in which both sets of sidewalk chalk art are made, and how one passes musters in the eyes of the Las Vegas City Marshalls, and the other doesn't.

That said, censorship's still censorship, and the arrest was bogus.

But, so many arrests, particularly those made for minor offences, like interfering with the path of a pigeon, are bogus, as are the laws and ordinances behind 'em.

Those laws and ordinances are another means, like the old vagrancy laws, of makin' sure that one class of people's interests are up-held, at the expense of another class of people's.

Combine those laws and ordinances with the often selective brand of law enforcement found here and in other parts of the world, and you can see the kind of pattern that emerges here.

Whoever and whatever makes money gets to take a walk.

Whoever and whatever doesn't make money goes directly to jail, do not collect $200.00.

Context here, as in so much of life, is key.

That said, maybe it's time to change the social context so it's a lot more just for those than just the ones with money and influence, eh???

Donald and others,

according to a friend of mine who has researched the LAW here in NV...

Grafitti is specifically defined. And, chalking on the sidewalk is NOT grafitti!!!!!

I WISH I KNEW A LAWYER (perhaps Intruda) who would donate a few hours of their time to confirm or deny this information.

I would also like to know if I could TAKE BACK my plea of "no contest" and have this bullshit completely dropped from my record!!! I don't want the next cop to look at my record and think I'm some sort of career criminal...

CAN ANYBODY HELP ME OUT HERE????? Please?

JOE

Joe: didn't say it was graffitti. Pointed out the difference in contexts between the so-called "lawful" sidewalk chalk art done at First Fridays, and your so-called "illegal" chalk art that you made, and how those differences in contexts and selective law enforcement by the Marshalls were used in your arrest.

Didn't endorse your arrest, or anything like that, OK???

Didn't call your chalking graffitti, OK????

Please re-read my last comments and see for yourself, if you wish.

Donald,

I didn't misunderstand you at all. I don't think it is a matter of "selective enforcement". I believe the arrest was UNLAWFUL.

That is, according to THE LAW- chalk-writing is not illiegal. It is ALLOWED AT FIRST FRIDAY and should have been ALLOWED AT THE PARK, regardless of the content of the speech.

And, by the way, at 1st Friday- people DO WRITE AND DRAW POLITICAL IDEAS AND SYMBOLS.

JOE

ps- although I use all caps at times and !!!! punctuation, I am not intending to be hostile, angry, or anything like that.....

I hate using the internet for communications... too much room for misinterpretation. just call me if you want to D. peace.

I know some lawyers.
But I suppose this is a civil liberty issue.

The lawyer's I know do: Murder Cases, Constitutional Law, Merger's and Acquisitions, Art/Business Law, & General.

PS, No, I haven't murdered anyone...

Perhaps, you could start a State petiton making it OK to chaulk on public sidewalks? Perhaps MUCH cheaper than lawyers...

RE: Whomever arrested you is an embarrassment to the police force.

Comment: this marshal is the same marshal who told Joe that protest signs were not allowed in the public park. When the supervisor arrived, he had to remind this marshal of Joe's First Amendment rights. This marshal was visibly ticked off- twitching his head and shoulder. Then the marshal tried to change his story saying that Joe was impeding pedestrian traffic- which was untrue. Joe was in the city park and not near any sidewalks with pedestrians.

On another occasion, this marshal told me that he loves his job and loves what he's doing when asked if he thought it was wrong for the city to prevent people from sharing food with the homeless and hungry.

This is the type of law enforcement we have to be very leery of.

As Dana pointed out to me, I wonder if children or their parents would be cited or arrested for playing hop-scotch in the public park??