unified statement to occupy burlington general assembly

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  • 8/3/2019 Unified Statement to Occupy Burlington General Assembly

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    Unified Statement to Occupy Burlington General Assembly

    November 11, 2011

    We are writing to solicit your assistance. In the wake of the tragic death of Josh Pfenning, BurlingtonPolice have an active criminal investigation that involves serious and complicated work to ensure that

    all aspects of this investigation are conducted thoroughly and professionally. Among the issues this

    raises is the need to maintain control of the crime scene while investigation continues. Until we arefully confident that all possible investigative avenues have been expended we must maintain control ofthat area of the park and it remains closed until further notice.

    We are able to release property/tents from that area after they have been cleared of any possible

    involvement. Please note that it is only done, at this time, at the request and with the consent of theowners. Anyone with property or a tent in that area is encouraged to remove it. To do so, please go to

    the park and meet with the officers stationed there. Please also note that Street Outreach Teammembers have been present in the Park throughout the last two weeks offering services to those who

    may be in need. That has continued through today.

    As you know, the City took a wait and see approach to the occupation of City Hall Park. Yesterday at2:07 p.m. the safety landscape was altered substantially. Prior to yesterday afternoon there was no way

    to reasonably foresee that this level of risk would occur in the encampment. Now there is. Thepresence of structure/tents creates an enhanced risk by virtue of the activity that can and is occurring

    inside them with such potentially dangerous activity hidden from view in areas that are routinely opento and accessed by the public. These risks cannot be managed by the encampment facilitators or police

    under the current circumstances. These challenges, as underscored by events in other parts of thecountry, are not unique to Burlington.

    We have communicated that we believe the tents will need to be removed to ensure the safety of those

    involved in the protest and the public. We will continue conversations late today with the general

    assembly in hopes of resolving these concerns swiftly.

    It is important to note that this is about balance. We fully recognize the need to foster an environment

    in which lawful protest can occur. As such, since the outset the City has clearly offered to make thePark available for lawful protest activities between 6 am and midnight, when the Park is open. That

    offer continues. We must now balance the safety issues that have become so vivid in the last 24 hourswith the need to enable free speech. Our assessment is that, absent an option that no one has broughtforward, the presence of tents or structures is no longer safe.

    We ask that you work with us to remove tents at your earliest convenience. Burlington Police will

    continue to work to clear the scene so that escorts to remove tents will no longer be needed, and lawful

    protest or other activity can resume at the southern end of the Park at the earliest possible time.

    Sincerely and Respectfully.Thomas J. Donovan, Jr., Chittenden County States Attorney

    Bob Kiss, Mayor of Burlington

    Seth Lasker, Chief, Burlington Fire Department

    Michael Schirling, Chief, Burlington Police Department

    Robert Appel, Executive Director, VT Human Rights Commission (Reviewed and approved as to form

    as enforcement agencies are giving clear notice of their announced changes to enforcing applicable city

    ordinances.)