Who Pays Port Protest Costs?

Above: The City of Olympia incurred about $40,000 in costs associated with the recent 12 day long railroad blockade in downtown Olympia. 

- Squaxin Island Tribe Writes Letter to Port, City

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

A special Port of Olympia work session was initiated by Commissioner E.J. Zita who requested that commissioners consider reimbursing the City of Olympia for law enforcement costs related to the recent blockade of the railroad tracks by activists collectively known as Olympia Stand.

The 12 day rail blockade occurred November 17 – 29 and was in response to the Port of Olympia’s involvement in the acceptance of ceramic proppants and transfer of cargo to trains bound for North Dakota or Wyoming. Ceramic proppants are used in the process of hydraulic fracking for gas and oil extraction.

Zita participated in the meeting via speakerphone.

Precedent for reimbursement was set in 2007 when the Port of Olympia reimbursed the City of Olympia $70,000 for law enforcement related to protests involving the port’s acceptance of military cargo.

Port executive director Ed Galligan said that figure was arrived at through an “amicable discussion” between himself and Olympia city manager Steve Hall. The city had requested $100,000.

At a city council meeting Tuesday evening and again at Wednesday’s port meeting, Hall reported that the city spent about $40,000 - $45,000 related to the rail blockade.

While the numbers are preliminary, $18,000 was in direct cost associated with time spent by employees dealing with the blockade during regular work hours, about $21,000 spent in overtime and $1,800 spent in landfill and other costs associated with removing five tons of debris from the blockade site. There were also costs associated with graffiti removal from nearby buildings.

Costs from other law enforcement entities are currently unknown.

The question of who pays for the actions of protesters was debated by commissioners for nearly an hour.

In the end, Commissioner Downing wanted to wait until the city gives the port an indication of whether or not they want to be reimbursed and wanted Galligan to have that conversation with Hall and communicate the outcome to commissioners.

He said that the port is a lightning rod for a whole host of military, energy, and international trade issues.

“The bigger concern is how do we keep from having another protest? We could have protests against log exports next. Where do we draw the line?” Downing asked.

Zita responded that the city has already given the port guidance on how to prevent future protests and referred to the city’s 2014 resolution which asks the port to reconsider its contract with Rainbow Ceramics and transfer of ceramic proppant cargo.

Downing said city resolutions cover a lot of bases, and that one in particular also makes requests of Hoquiam and Grays Harbor.

“That doesn’t mean we have the desire or ability to follow the resolutions coming from other entities,” he said.

Commissioner Bill McGregor said he is all for having a conversation with the city at a future time.

“What we don’t have is a reaction plan (in the event of a protest). Who pays?”

McGregor said a mutual aid agreement is needed between the entities so the “rule of law” is upheld faster than ten to twelve days after the initiation of a protest.

Galligan was tasked with additional research on a number of issues, including the amount of ceramic proppant that has been transported from the port since 2014, when the contract with Rainbow Ceramics was renewed. The contract expires July 14, 2019. 

At its peak in about 2013, the port averaged about 100 rail cars a month loaded with ceramic proppant, said the port at the time.

Downing also said he met informally with City of Olympia police chief Ronnie Roberts earlier on Wednesday for about 45 minutes. He said the two had never met before.

In November 2016, Roberts gave a tersely worded statement in front of Olympia city council members denouncing the Port of Olympia's ceramic proppant shipments. 

Squaxin Island Tribe Letter to Port, City

The chairman of the Squaxin Island Tribe wrote a strongly worded letter this week to Port of Olympia commissioners and City of Olympia council members disassociating the Tribe from recent port-related rail blockade and protesters.

The letter signed by Arnold Cooper, chairman of the Squaxin Island Tribe, is dated December 1 and was distributed to media and members of the public by Port Commissioner Joe Downing just prior to the special work session held by the port commission on Wednesday.

“The Tribe has become aware of protests concerning the transportation of fracking materials through the Port of Olympia. The main group reported by the media to be leading these protests, Olympia Stand, as well as their followers, has repeatedly implied that it is acting on behalf of the Squaxin Island Tribe to protect the Tribe’s ancestral lands.

“Please be aware that Olympia Stand does not represent the interests or agenda of the Squaxin Island Tribe nor is Olympia Stand affiliated with the Tribe. The Squaxin Island Tribe’s Tribal Council and those designated by the Tribal Council are the only entity and individuals with the authority to speak on behalf of the Tribe.

“Additionally, the Squaxin Island Tribe does not associate with advocacy groups that use force, intimidation, or cause damage to personal or public property. The Tribe does not support the blocking of the Port of Olympia by Olympia Stand and other protestors nor does it condone the harassment of police or other government officials as a means to further its purposes.”

The letter also says the Tribe “respects the government to government relationship that it has developed with the Port of Olympia and City of Olympia and appreciates the mutually respected protocol developed to work on common interests, resolve disputes, and determine solutions.”

Little Hollywood has written extensively about Port of Olympia and the rail blockade issues. For more information and photos, go to https://janineslittlehollywood.blogspot.com and type key words into the search engine.

Olympia Activists Block Railroad, Port Shipment

Above:  Activists blockaded the railroad tracks in downtown Olympia on Friday at Seventh and Jefferson Streets, preventing a possible shipment of ceramic proppants from leaving the Port of Olympia. The blockade continued Friday evening. The protest is similar to last November’s blockade, which was ended by law enforcement after seven days.

By Janine Gates

Little Hollywood

www.janineslittlehollywood.blogspot.com

Activists blockaded the railroad tracks in downtown Olympia on Friday night at Seventh and Jefferson Streets, preventing a possible shipment of ceramic proppants from leaving the Port of Olympia. The blockade continues.

A small child, about two years of age, was seen by Little Hollywood within the encampment walking about or in the arms of a woman throughout the early evening.

Collectively known as Olympia Stand, the group is demanding that the Port of Olympia cease all fossil fuel and military infrastructure shipments. They also demand “horizontal and democratic control of the Port of Olympia, including participation from area indigenous tribes,” according to a press release.

The blockade is in response to the Port of Olympia’s continued contract with Rainbow Ceramics. The Port of Olympia receives ceramic proppants and transfers the cargo to trains bound for North Dakota or Wyoming. Ceramic proppants are used in the process of hydraulic fracking for gas and oil extraction.

“Olympia Stand and other participants believe climate change can be stopped by engaging in non-violent direct action and civil disobedience against fossil fuel infrastructure, from train blockades and Port shutdowns to occupations of pipeline construction sites. Policy-makers can continue to take no action on this issue, and doom future generations to an uninhabitable planet, or they can follow the lead of people around the world fighting for a Just Transition away from fossil fuels and extractive economies. Meanwhile, we will continue to fight, whether they like it or not,” says the release.

Above: A graphic projected onto the side of a building near the rail blockade illustrates that the Port of Olympia is assisting the fracking industry in North Dakota. “Say no to fracking sand in our port,” says the graphic.

A small group assembled Friday afternoon at State and Jefferson and stopped the train engine, which was pulling several cars. The train retreated into the port yard and disconnected itself from the cars. The engine did not leave the yard.

Several Olympia police officers arrived with pepper ball guns, but did not discharge them. The police left but continued to patrol the area in vehicles.

The group then moved to Seventh and Jefferson and by 4:30 p.m., had quickly blockaded the tracks with box spring mattresses, tents, couches, wood pallets, large pieces of plywood, file cabinets, and debris.

Activists created a bonfire in a barrel at about 6:00 p.m. to keep warm.

City of Olympia manager Steve Hall arrived at the blockade Friday evening at 7:00 p.m. saying he was unaware of what was going on, as he had been in a city General Government meeting. He had received a text during the meeting, but had not looked at his phone.

Olympia Stand members and other bystanders spoke with Hall about their demands and asked him to convey their concerns to the Port officials. 

“Seems like a repeat, right?” Hall said, asking activists what the plan was for the night. 

Hall said that actions against the blockade would up to the railroad police, explaining that Olympia would get involved, like last year, if requested through a mutual aid pact the city has with other law enforcement jurisdictions. 

According to Hall, the Olympia police department responded last year only after called upon by the Washington State Patrol and Thurston County.

“I don't know what the railroad police will do,” Hall said, adding that such protests were unproductive and always end badly. 

Hall's appearance sparked loud chants from the activists, driving him away from the blockade site.

Last November the same group successfully blockaded the tracks November 11 – 18, delaying a similar shipment for over a week. A multi-jurisdictional law enforcement action involving the railroad, Washington State Patrol, Thurston County Sheriff’s Department and Olympia Police Department ended the blockade in early morning hours with the use of pepper spray and rubber bullets, resulting in arrests and injuries.

The following week, Olympia Police Chief Ronnie Roberts gave a tensely worded statement in front of Olympia city councilmembers denouncing the Port of Olympia's ceramic proppant shipments. 

In response, Olympia port executive director Ed Galligan addressed the council in December, and the meeting was disrupted by protesters.

In this year’s race for port commission, two out of three seats were at stake.

Port of Olympia commissioner E.J. Zita retained her seat by a wide margin over challenger Gigi McClure.

Incumbent Port Commissioner Bill McGregor has apparently retained his seat by a slim margin over challenger Bill Fishburn, who conceded the close race on Thursday. His win could have changed the direction of port policies.

In an April interview with Little Hollywood, Fishburn said, “Based on my research, it seems pretty obvious to me that the community is being ignored on specific cargos such as fracking proppants and military cargo. These seem to me to be cargo the community clearly does not want transported through their yards and neighborhoods but they are being ignored. I just have to ask myself, why is that?”

According to Friday’s Thurston County Auditor Office update, Fishburn lost the race by 807 votes.

Little Hollywood has written extensively about Port of Olympia issues, including last year’s rail blockade and its contract with Rainbow Ceramics. For more information and photos, go to www.janineslittlehollywood.blogspot.com and type key words into the search engine.

Above: The Port of Olympia has a contract with Rainbow Ceramics until July 14, 2019. For many, it can't come soon enough. Ceramic proppants in large bags sit exposed and under tarps at the Port of Olympia marine terminal yard on Friday night. The rail cars are used to transport the ceramic proppants to North Dakota and Wyoming for use in hydraulic fracking.

Olympia Rail Protesters Given Notice to Vacate, Port Commissioners Respond

Above: Community activists, collectively called Olympia Stand, continues its blockade of Union Pacific Railroad tracks in its effort to halt the transfer of ceramic proppants from the Port of Olympia to North Dakota, where the product will be used in hydraulic fracking process to allow for oil extraction.

Port Commissioners Downing, Zita Make Statements about Blockade at meeting Monday night

By Janine Gates

www.janineslittlehollywood.blogspot.com

At about 8:00 a.m. Tuesday morning, two Union Pacific Railroad Company police served notice on blockade participants to vacate the railroad at 7^th and Jefferson in downtown Olympia.

The notice of emergency abatement placed on the blockade site states to vacate the property or risk criminal trespass in the second degree.

The notice is partially handwritten, saying that further violations exceeding the notice are subject to violations. The term “ORS.164.255” is crossed out, which would be a first degree violation, and “second degree” is written in.

“The nuisances on this property include illegal camping, debris, scattering of rubbish, harborage for rats, unclean and unsanitary conditions, and therefore violates the property rights of the Union Pacific Railroad,” it states in part.

The notice does not give a time or date that trespassers must vacate the property.

Two members of the National Lawyers Guild arrived about 9:00 a.m. and identified themselves to Little Hollywood as observers.

At the same time, while standing outside the encampment, a white truck with two men inside drove by yelling, “Trump!” “Trump!” “Trump!”

Above: A Union Pacific Railroad notice of emergency abatement placed Tuesday morning at the railroad blockade site at 7^th and Jefferson in downtown Olympia. The notice states that it is a notice to vacate the property or risk criminal trespass in the second degree.

Protesters, collectively called Olympia Stand, have maintained its direct action blockade of the railroad tracks since Friday afternoon. 

On Friday, a train hauling several cars of ceramic proppants was forced to return to the Port of Olympia’s marine terminal after being blocked by protesters at the intersection of State and Jefferson Street.

City of Olympia city manager Steve Hall was at the camp Tuesday morning on his way to work and got there just in time to see the railroad police put up the notices.

“I just hope there’s a peaceful end to this – I hope people don’t get in trouble at a higher level while being heard," said Hall. Hall said he spoke to the railroad police, who were vague about whether or not it was a felony to block a train.

“I’m hoping this is handled the Olympia way and people don’t get hurt,” said Hall.

Protesters have visually fortified their barricade at 7^th and Jefferson with white plastic sheeting, but blockade activities can clearly be seen from Jefferson Street.

At last night’s Port of Olympia meeting, about 17 activists, in addition to those in the audience, peacefully showed up to make their presence known to the commissioners and stood in the back of the room during the public comment period.

Several spoke directly to the Port’s complicity in the degradation of the environment by accepting the ceramic proppant shipments from China and allowing transport to North Dakota to be used in the process of hydraulic fracking.

Zoltan Grossman, a professor at The Evergreen State College, urged commissioners to be on the right side of history.

A student of The Evergreen State College, Colleen Allen, said that many students care about their future.

“We care about the future – all we ask is that you care about our future too,” she said.

Above, left to right: Port of Olympia commissioners Joe Downing, Bill McGregor, and E.J. Zita at their regular meeting on Monday evening.

The commissioners briefly responded to public concerns, but did not dwell on the topic.

Commissioner Joe Downing responded by saying that he did not vote for Donald Trump and has had a sign on his car in support of Hillary Clinton for a couple months.

“I’m choked up, because things are going to get tough and I’m just seeing the handwriting on the wall….”

How that relates to fracking, he said, is that the community has to continue to have a dialog about energy production and port priorities. He said he has spoken directly with protesters and doesn’t personally see a connection between that conversation and the port's shipping of proppants to North Dakota.

“We need to have rail car safety…I don’t agree with blocking trains.…Make your voices known, and move on to the next issue, frankly,” said Downing.

In a statement provided to Little Hollywood on Monday, Commissioner E.J. Zita said:

“I asked last month to be informed of any movements of fracking proppants at the Port, but was surprised to learn of events last week.  I commend the Olympia Police Department for their hands-off response to peaceful protest.  Public safety and freedom of speech are high priorities. 

“Port Commissioners are responsible for setting port policy, and the executive director is responsible for carrying out that policy.  While the executive director may have played a key role in securing the Rainbow Ceramics contract to move fracking proppants through the Port, future decisions on this matter rest with commissioners.  We must weigh risks and benefits to people and the environment as well as to economics.

“The Port's Environmental Director has recently undertaken an assessment of our direct (Scope 1) greenhouse gas (GHG) emissions.  I recommend that we also evaluate the indirect (Scope 2 and Scope 3) GHG emissions due to fracking proppants moving through the Port,” said Zita.

For more photos and information about the rail blockade, the Port of Olympia, ceramic proppants, and more, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

Olympia Protesters Continue Rail Blockade

Above: A group of community activists, collectively named Olympia Stand, continued its direct action blockade of railroad tracks in downtown Olympia over the weekend. One of the group's demands is for the Port of Olympia to permanently cease fossil fuel shipments through the marine terminal. This sign is at the blockade.

By Janine Gates

www.janineslittlehollywood.blogspot.com

An evolving group of community activists, collectively called Olympia Stand, continued its direct action blockade of railroad tracks over the weekend in downtown Olympia. 

In duration, it could be the longest, continuously occupied rail blockade in Washington State history. While attendance at the camp is fluid, there are at least 20 people on and around the track at all times. 

On Friday, a train hauling several cars of ceramic proppants was forced to return to the Port of Olympia's marine terminal after being blocked by protesters at the intersection of State and Jefferson Street. 

On Saturday, the blockade was moved a few blocks down the train tracks to the intersection of Jefferson St. and 7th Avenue. Activists have built a barricade of assorted materials on the railroad track using wooden pallets, signs, tents, and several couches.

One of the group's demands is for the Port of Olympia to permanently cease fossil fuel shipments through the marine terminal. 

The Port of Olympia has had a contract for several years with Rainbow Ceramics to receive proppants, which are created in China and delivered by ship in bags, destined to be used in the process of hydraulic fracking to allow for oil extraction in North Dakota's Bakken oil field.

Above: On Saturday, Nov. 12th, the blockade of the railroad tracks was moved a few blocks down the train tracks to the intersection of Jefferson St. and 7th Avenue. This picture is taken from 8th Avenue in downtown Olympia. Picture taken Saturday afternoon. 

What began as a couple of modest canopies with music blaring on Saturday has now morphed into an impressive tent community. People are still in good spirits, but by Sunday, the music was gone, not only out of respect for nearby downtown residents, but also to focus on the serious tasks central to their message.

Despite the cold, pelting rain and high winds Sunday evening, the camp's attendance swelled to about 75 individuals at about 7:00 p.m. for a facilitated group meeting, which lasted about an hour and a half. 

Under several secured tents and canopies, volunteers busily organized donated warm food, hot coffee, snacks, water, emergency supplies, and literature. The well-organized kitchen area includes food and water, and trash, recycling, and composting bins. 

Individuals are using proper restrooms at nearby businesses as needed. 

Above: Wooden pallets, debris, and couches under tarps are used to blockade the railroad tracks between 7th and 8th Avenue in downtown Olympia on Sunday evening.

Solidarity with Standing Rock

The action to resist the movement of ceramic proppants through Olympia had been planned by port militarization resistance activists for several months. Olympia community members have been upset about the transport of proppants through the Port of Olympia since 2012. 

Many at the camp are inspired by the water protectors of the Standing Rock Dakota Pipeline resistance. 

The group includes Kyle Taylor Lucas, who is also an organizer of the Salish Water and Land Protectors. 

The Salish Water and Land Protectors group is intended to create unity in solidarity with the Standing Rock Sioux in protecting their treaty rights, sacred lands, and Missouri River water.

Lucas, of Tumwater, is an Indigenous woman of the Tulalip Tribes and First Nations, Cooks Ferry and Lytton Bands of the Nlaka'pamux Nation of British Columbia.

A former Tumwater city council member, Lucas also served as executive director of the Governor's Office of Indian Affairs from 2003 to 2005. She currently has her own consulting business.

“Certainly, we Indians have been fighting for our land and water against corporate and government oppression all our lives, but we've taken an unprecedented collective stand to support the Standing Rock Sioux people. In so doing, we are extending our ancestor's teachings to protect and preserve our sacred lands and waters on behalf of future generations,” said Lucas, in an interview with Little Hollywood late Sunday.

“It is critical that we do this now as the North Dakota fracking industry's tentacles reach across the nation, including across the State of Washington, and right into Olympia where we refuse to be complicit in the dirty fossil fuels extraction industry.

“In taking direct action to disrupt the delivery of these fracking sands, we are answering the Standing Rock Sioux Tribe's call to stand up to fossil fuels extraction industry in our region. We also stand in support of Native nations in the forefront of protecting traditional lands and water from the Bakken crude oil trains and oil terminals here in Washington,” said Lucas.

Above: The Port of Olympia marine terminal, bags of ceramic proppants, exposed, and under black tarps, and presumably, loaded in the train hoppers, as seen on Sunday evening. The cars are now connected to the train engine, which had been moved into place at some point since Saturday evening. 

For more information about the blockade, read, “Protesters Stop Port of Olympia Proppant Train,” at http://janineslittlehollywood.blogspot.com/2016/11/protesters-stop-port-of-olympia.html posted November 11, 2016.