Olympia Police Chief Denounces Port of Olympia, Proppant Shipments

Above: In an early Friday morning raid on the rail blockade, about 17 law enforcement officers moved several protesters back with flash bang grenades. This photo was taken at about 5:50 a.m. outside the Fish Tale BrewPub on Jefferson Street.

Longshoremen, City Offer Some Information on Raid 

By Janine Gates

https://janineslittlehollywood.blogspot.com

The Olympia city council chamber was packed to capacity with community members wanting to speak at Tuesday evening’s council meeting, or at least hear a detailed report about the rail blockade of a Union Pacific train that ended last Friday. 

Port staff was in the audience, as well as Thurston County Commissioner Bud Blake.

Instead, they first heard a stunning, tersely worded statement by City of Olympia Police Chief Ronnie Roberts, who strongly denounced the Port of Olympia and its acceptance of ceramic proppants, stating, “Just because you can, doesn't mean you should.”

The train was blocked on November 11 by protesters taking direct action to prevent it from leaving the Port of Olympia with 15 cars of ceramic proppants. 

The Port of Olympia has had a contract with Rainbow Ceramics for several years to accept ceramic proppants from China, offload the cargo, and prepare it for rail transfer to North Dakota and Wyoming for use in the hydraulic fracking process for oil extraction.

The raid which began Friday morning at 4:00 a.m., was conducted by Union Pacific special agents, Washington State Patrol, Thurston County Sheriff’s department, and the Olympia Police Department. 

The train was able to leave Olympia under Washington State Patrol officer escort at 7:00 a.m. 

Above: City of Olympia Chief of Police Ronnie Roberts speaks to city council members Tuesday evening. “It angers me to have to put our officers in combat gear to face off with members of our community over something I don’t believe in myself,” said Roberts. 

Chief Roberts was invited to speak by Mayor Cheryl Selby at the outset of the council meeting, who gave a statement:

“Good evening Mayor and Council. I would like to take a few moments to share a few comments and thoughts that are on my mind.

I’m struggling to understand why the Port is not aligned with our community values we hold so dear. I care about our climate and our environment and the impact of products coming into our port for the sake of money. 

I do not agree with the confrontational behavior with police who are simply trying to protect the entire community. I understand these actions are based on fear and a sense of hopelessness with the system where they can’t make change. Where the people don’t trust the process, they will resort to other processes that will be more destructive and harmful overall. 

We are all facing uncertainty and concerned with where the county may be going. I am focusing on love and compassion for our community and a desire to be a steward of the land God gave us so it is available for all our children and grandchildren. 

I don’t want to be a part of this and I don’t want my department to be a scapegoat for the decisions the Port made or is making. They have choices and options should they choose to use them to eliminate proppants coming to the Port. 

Continued shipments will only erode more trust of our people and businesses and put our community at risk. If the Port has to accept any cargo, then price your services out of the market so vendors can go somewhere else where it is more acceptable. 

I’ve spent the last five years empowering our department to build trust and to build relationships with our community. I don’t want to lose these efforts. It angers me to have to put our officers in combat gear to face off with members of our community over something I don’t believe in myself. 

The Port is putting me between a rock and a hard spot and I don’t want to be part of it but I don’t have a choice to not protect our community. It is a mandate for police. 

I implore the Port to look for options that are compatible with our community values which have been stated by council. Part of the thing I talk with officers about is, just because you can, doesn’t mean you should. 

Tonight, this is sage advice for the Port.

Thank you.”

Cheers and applause from the audience erupted. It is unknown if council members knew what Chief Roberts was going to say.

Instead of responding to Chief Roberts’ remarks, or moving straight to a formal report about the raid, Mayor Cheryl Selby cheerfully moved on with the agenda, without comment, giving special recognition to Senator Karen Fraser. 

The missed opportunity caused some emotional whiplash, but was picked up somewhat when the agenda moved to public comment. Selby informed the audience that 33 people had signed up for public comment and not everyone would be able to speak at the first opportunity of the evening.

Keith Bausch, representing the members of ILWU Longshore Local 47, was the first to speak. About 10 other longshoremen were in the audience.

He expressed concern that had the protest been handled by law enforcement at the outset, the blockade never would have happened and the train could have left Olympia.

“Because of the delayed actions (by law enforcement), more radical elements were able to step in and take over the protest….We hope that plans will be put in place to stop future attempts to blockade rail movements before they get out of hand,” said Bausch.

Bausch said that the train was not going to North Dakota, that it is headed for Wyoming to be used for drilling natural gas wells.

“We need natural gas as an interim fuel to help wean ourselves off of coal and oil….There seems to be a belief that the fracking process is dependent on ceramic proppants. This is a false premise. The U.S. has an abundant supply of silica sand and the oil companies will use it if they can’t get proppants….Stopping this cargo here will have no impact on fracking in the U.S. whatsoever. However, it will impact the job opportunities and future registration for our local. It will reduce needed income for the Port of Olympia, it will also affect the ability of the port to market itself for future cargoes,” said Bausch.

Above: Chris van Daalen, in orange and yellow reflective jacket, observes the situation between law enforcement and protesters outside the Fish Tale Ale on Jefferson Street early Friday morning. Officers held the line while Union Pacific workers and law enforcement cleared the railroad tracks nearby.

Several speakers with first-hand experience visiting the blockade site said the protesters were polite, caring, and thoughtful.

Chris van Daalen spoke, saying he went down to the action to act as a peacekeeper. He was present during the raid, wearing a reflective vest. 

He said he is now involved with a new affinity group that will work to prevent future violence and find common ground and build community with the longshoremen, the police department, and others.

Pat Holm also spoke, and said she made many new friends there. She said that at age 80, she couldn’t risk taking direct action and block the tracks, but was appreciative of the young people who did. She said many protesters have bruises as a result of baton jabbing by officers.

“People were hurt. I feel really sad about that,” said Holm.

Christopher Donnelly spoke, saying that unnecessary force was used against the protesters and the city should ban the use of concussion grenades to suppress protests. He commented that law enforcement was taking surveillance video during the protest, but weren’t wearing body cameras during the raid.

After public comment, city manager Steve Hall spoke, reminding the audience that council unanimously passed a resolution in October in support of Standing Rock. Two years ago, council asked the Port of Olympia to reconsider cargo related to climate change.

Hall said he heard some things in public comment that were not true. He continued, making the following points, some based on his own observations: 

·        The Port has not yet changed its criteria for cargo.

·        Hall saw no injuries related to the clearing of the tracks – “this was my biggest fear that someone would get hurt.”

·        The Union Pacific railroad police asked for assistance from all local law enforcement (Washington State Patrol, Thurston County Sheriff's Department, and Olympia Police Department (OPD).

·        OPD’s main objective was to get people to leave the camp next to the rail lines so that Union Pacific special agents could clear the tracks. The city provided perimeter support so that more people did not get onto the tracks.

·        “In Olympia fashion, the Olympia police provided many, many opportunities for people to leave...Of the 30 or so campers, about 20 left without arrest.” Hall observed patience and lack of aggressiveness by OPD. Considerable aggression, taunts and objectionable language by the protesters was observed.

·        Arrests were handled very carefully  “with no scuffling that I observed.”

·        The issue of the closed track closure is complex.

·        Representatives of the city and Port of Olympia communicated with the protesters on multiple days.

·        The city advised the protesters that other cargo and equipment was also blocked.

·        The city told the protesters that local businesses including L&E Bottling, two metal companies, the independent locomotive operator was trapped, and others were not only inconvenienced, but losing work and work hours.

·        The manager of L&E indicated she would have to lay off 25-30 people at the plant this past weekend due to lack of product getting to them. “That means a lot of people who were counting on holiday wages will not receive them.”

·        Council members Jim Cooper and Clark Gilman, Mayor Pro Tem Jones and Port Commissioner E.J. Zita each talked with protesters about options to resolve the issue. All ideas were rejected by protesters.

·        Hall spoke with members of the group on Monday, Tuesday and Wednesday by phone about ideas to avoid law enforcement. “As often happens, the individuals said that no one speaks for the group and all act on their own accord.”

·        The city offered to let the camp stay near the tracks after the train cleared, spoke about a press conference with elected officials in solidarity with the protest, and spoke about joint statements about the fracking sands.

·        The individuals the city spoke to rejected all these ideas and indicated they would not talk any further.

·        The tracks were cleared on Friday morning.

Hall also said that on Friday afternoon, he and Mayor Selby met with the owner of Rainbow Ceramics and told him that he needs to understand our community and the concerns of our citizens.

Hall said the mayor asked the owner about the environmental impacts of the product. The answer, Hall said, “was confusing.”

“I told him that he should expect protests in the future. If tracks get blocked, the city will do everything we can to avoid use of law enforcement. We are in a difficult spot but we will continue to do our job,” concluded Hall.

“We are not done talking to the Port,” said Hall. 

For more information about the Port of Olympia, ceramic proppants, the blockade of the Union Pacific railroad tracks in downtown Olympia, go to https://janineslittlehollywood.blogspot.com and type key words in the search button.

The Port of Olympia website is www.portolympia.com. 

Editor's Note: The city issued a press release about the raid, conducted by multi-jurisdictional law enforcement, on November 18. An earlier version of this article said that the city had not issued a press release.

Olympia Rail Blockade Over, Proppant Train Leaves Port of Olympia

Above: An early morning raid on the rail blockade camp in Olympia at about 4:30 a.m. The train, carrying several cars of ceramic proppants left Olympia at 7:00 a.m. 

By Janine Gates

www.janineslittlehollywood.blogspot.com

While protesters screamed “Water is Life!” the rail blockade of a Union Pacific train in downtown Olympia was cleared by law enforcement in an early morning raid on the camp Friday morning. 

The train tried to leave last Friday with a shipment of ceramic proppants destined for North Dakota, to be used in hydraulic fracking.

The raid began at about 4:00 a.m. and was in full swing by about 4:30 a.m. with protesters drumming and chanting. Women were screaming.

Little Hollywood posted a 13 minute video of the raid on Facebook early Friday morning. Go to https://www.facebook.com/janine.gates12 or search Janine Gates Olympia to see it. 

Little Hollywood is still trying to determine if there were any injuries to protesters or law enforcement, and more. More information and videos will be posted as soon as possible. 

City of Olympia city manager Steve Hall was on the scene during the raid and said the city assisted Burlington Northern Police and State Patrol in removing the protesters and establishing the perimeter around the scene. 

Regarding the protesters, Hall he saw them confronting Union Pacific workers and block traffic. He said one of them jumped on the back of one of the vehicles. Citing safety concerns of having the protesters near the cleanup action, city police were actively pushing them from the scene.

Above: City of Olympia police and other law enforcement hold the line on the railroad tracks on Jefferson Street. This photo was taken at about 5:46 a.m.

Meanwhile, other protesters, about 20, continued to walk down the tracks, and turned over a Dumpster onto the tracks near Fish Tale Ale. About 17 police officers waited in formation, allowing rail workers to clear the tracks at the camp, and used two flash bang grenades to move the protesters north.

Above: Police put out fire set by protesters on Jefferson Street near the Olympia Dance Center.

Protesters then continued to run north and turn over trash cans and lit several on fire. Police put them out and the protesters ran up to the intersection on State Street, then ran west on State Street.

Above: Washington State Patrol escorts the train off Port of Olympia property and out of Olympia.

The train horn blew and the train came down the tracks escorted by many Washington State Patrol officers. 

At one point, as it was moving up the tracks between 4th and 5^th Streets, a woman on the other side of the tracks directly in front of Little Hollywood ran in front of the train. A police officer was there and said, “Oh, no you don’t,” and held her back. Little Hollywood was filming at the time.

Little Hollywood encountered the perimeter of police tape on Legion Way and ran east on Legion Way and around buildings to get to 8^th Avenue to see the train continue out of Olympia.

Above: As seen on Union Street, the train leaves Olympia at 7:00 a.m. for North Dakota, carrying ceramic proppants used in hydraulic fracking to allow for oil extraction. 

On 8^th Avenue at the railroad tracks, Sky Myers of Olympia screamed at the train as it left, and State Patrol officers walked back in a group on the tracks towards Jefferson Street.

One of them said, “Now what?”

According to a city press release issued at 9:16 a.m., four individuals were arrested by Union Pacific Railroad Police. City of Olympia police arrested eight individuals for misdemeanor crimes that occurred within city jurisdiction as a result of the event.

Another source says that four are currently in the Thurston County Jail, and eight are in the Olympia City Jail at this time. 

Update at 10:11 a.m. - City of Olympia Lt. Paul Lower says there were no injuries that he knows of, to law enforcement and the protesters they have in custody. Also, a correction was made to the time the raid began. Lt. Lower says it started at 4:00 a.m.

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

Olympia Rail Blockade Negotiations Underway, Law Enforcement Meet at Port

Above: The Olympia rail blockade of Union Pacific tracks, as seen Thursday morning, started last Friday afternoon. Port of Olympia Commissioner E.J. Zita, City of Olympia councilmember Nathaniel Jones, and members of Olympia Stand met on Wednesday to discuss a peaceful resolution.

Law Enforcement Meeting Held At Port Office

State Legislator Writes “Economic Terrorism” Bill 

By Janine Gates

www.janineslittlehollywood.blogspot.com

The rail blockade of a Union Pacific train currently on Port of Olympia property in downtown Olympia continued into its seventh evening on Thursday. 

The train tried to leave last Friday with a shipment of ceramic proppants destined for North Dakota, to be used in hydraulic fracking.

The Olympia Stand blockade may be the longest disruption of a fossil fuel industry shipment in state history.

Negotiations to peacefully end the rail blockade are underway, but time may be running out for protesters. 

On Thursday afternoon, a multi-jurisdictional law enforcement meeting was held at port administrative offices. About 20 officers were present. No port personnel was present, nor allowed at the meeting.

Port of Olympia Commissioner E.J. Zita issued a statement to media Thursday evening:

“Yesterday, people from Olympia Stand met with liaisons from the City of Olympia (Nathaniel Jones) and the Port of Olympia (myself). We discussed how we could work together toward a peaceful resolution of the fracking train blockade. My top priority is the safety of everyone involved, and I think Nathaniel agrees. I will not presume to speak for Olympia Stand or the Port of Olympia.

Councilmember Jones has proposed a way forward, which Olympia Stand may consider, and which Port Commissioners need to discuss.

The soonest that the three Port Commissioners can meet to discuss this is next Monday, due to travel and family commitments. Port Commissioners are then scheduled to discuss cooperating with the City's proposal for a peaceful resolution.

Meanwhile, I hope that no law enforcement action will be taken against Olympia Stand.”

Zita told Little Hollywood Thursday evening that she chanced upon the meeting, and was nicely, but firmly escorted out. She said she has no information about law enforcement plans.

“Economic Terrorism” Bill Proposed

Washington State Senator Doug Ericksen, a Republican legislator from the 42nd District representing Whatcom County, issued a press release Wednesday saying he has prepared a bill for next year’s legislative session that would create a new crime of “economic terrorism.”

Ericksen says Washington needs to take a firm stand against illegal protests that block transportation and commerce, cause property damage, threaten jobs and put public safety at risk. 

Whatcom County has seen its own share of recent blockades and protests. 

Over 150 activists blocked an oil train in Anacortes in May as part of the Break Free coalition, and in August, a BNSF coal train was blocked by Deep Green Resistance Seattle members for 12 hours. 

According to the Bellingham Herald, trains were delayed three hours on Tuesday by Bellingham protesters, who left at sundown. The newspaper reported that officers in riot gear used pepper spray and in one instance, a stun gun was used against protesters who refused to leave.

“I haven’t seen Senator Ericksen’s proposed language but it appears that he lacks a basic understanding of the First Amendment and the role of freedom of speech and freedom of assembly in an open and democratic society,” Neil M. Fox, National Lawyers Guild of Seattle, told Little Hollywood Thursday evening. 

“Senator Ericksen’s suggested legislation makes me fear what is coming down the road once Donald Trump becomes president,” he added. 

The bill would create a class C felony when protests aimed at causing economic disruption jeopardize human life and property. It would not apply in cases of lawful and protected activities, such as strikes and picketing.

The penalties would apply not just to participants but also to those who fund, organize, sponsor or otherwise encourage others to commit acts of economic terrorism. Accomplices may be required to pay restitution up to triple the amount of economic damage.

The actual bill language is not posted on Ericksen’s website. Ericksen is chair of the Senate Energy and Environment Committee.

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

Port Responds to Olympia Rail Protesters

By Janine Gates

www.janineslittlehollywood.blogspot.com

As the blockade of a Union Pacific train carrying ceramic proppants in downtown Olympia continues into its sixth evening, Port of Olympia executive director Ed Galligan issued a brief press release written and released late Wednesday evening:

“The Port of Olympia is continuing to monitor a blockage located on a privately-owned rail line outside of Port facilities, where protestors have essentially halted interstate commerce for Port and other local business customers (e.g. Mottman Business Park). 

“Given the location and nature of these impacts, any future response or resolution will be coordinated by appropriate local, state and federal authorities.  The Port’s top priority is to see this situation resolved peacefully and ensure the safety of all involved, including Port staff who have also been subject to intimidation via recent vandalism at the Port’s administrative offices.  

“The Olympian has reported that the Port’s involvement in the shipping of fracking sands is one of the stated reasons behind the current protest. While the Port respects differing opinions, it is important to note that Port Districts are regulated by the Shipping Act of 1984.  The act requires ports to move all cargos deemed safe and legal.”

It is unclear why Galligan would single out The Olympian newspaper as the sole source for his information. The protesters and other community members have made it abundantly clear to the Port that the shipping of ceramic proppants is one of the reasons for their protest. 

At least two commissioners have been in direct communication with the protesters, and all, including Galligan, have received letters from community members about the issue. 

Many concerned individuals were present and spoke at the port commission meeting on Monday night during public comment, and an autonomous group at the rail blockade issued a public letter to the port that was sent to the port and reprinted in a Little Hollywood article Wednesday morning. 

Commissioner Downing’s View

Little Hollywood asked the three Port Commissioners over the past weekend about the rail blockade. E.J. Zita’s statement was published in a previous article. Commissioner Bill McGregor has not yet responded.

Received on Wednesday, here is Port Commissioner Joe Downing’s statement about port cargoes:

As a Port Commissioner, I am bound by two things: the Shipping Act of 1984, and the Commerce Clause of the U.S. Constitution, both of which prohibit states or local agencies from interfering with interstate (and international) commerce.  On a more personal level, I will not act in conflict with the law of the land: 48 out of 50 states allow fracking, as does the federal government. Fracking in general has allowed the United States two very big dividends:

1)      We have less greenhouse gases from energy production, due to more reliance on natural gas, and less on coal;

2)      We are less reliant on Middle East oil, and that makes going to war over oil that much less likely – the last oil war in Iraq and Afghanistan cost 4,400 American, and 500,000 Afghan and Iraqi lives.

Not only that, but the public has implored the Port to improve its bottom line by making the Marine Terminal more profitable.  So, how can we decline cargo when we are uniquely positioned to accept proppant cargo from China, and to export logs grown from many different private land tracts?

I appreciate the citizens who come to Port meetings to voice their concerns.  I continue to believe that the great majority of people who live in Thurston County want me to a) use my best judgement in Port matters, and b) diversify, not divest, the cargoes of the Port.

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

Olympia Rail Protesters Issue Public Letter to Port

By Janine Gates

www.janineslittlehollywood.blogspot.com

An autonomous group of protesters at the rail blockade on Union Pacific tracks in downtown Olympia has worked on a public letter to the Port of Olympia and issued it early this morning to Little Hollywood.

The communication is not from Olympia Stand.

The blockade has garnered the support and efforts of a revolving group of activists exhibiting different strengths and styles of communication and organizing efforts.

Under contract with Rainbow Ceramics, the Union Pacific train was leaving the Port of Olympia on Friday for North Dakota, where the ceramic proppants are used in the process of hydraulic fracking to allow for oil extraction from the earth.

While some are concerned and wondering whether or not the action is or is not expressed as an effort in solidarity with the water protectors in Standing Rock, there is no doubt they are working collectively for one purpose: to stop the shipment of proppants from leaving Olympia.

The letter is as follows:

Public Letter to the Port

“We, the residents of Thurston County, demand the Olympia Port Commission no longer allow oil fracking sand or any cargo related to the extraction of fossil fuels to enter our Port.”

1.     Institute genuine public involvement in all Port operations and policies based on the understanding that the Port serves all of the interests of  the residents of Thurston County

-         create a transparent operations environment

-         open all operations, policies, communications to public inspection to the extent allowed by the law

-         build respect and trust in the community as an institution by being honest in all internal dealings and in all interactions with the public and other governmental bodies.

2.     Improve the Port’s environmental record

-         create a vibrant waterfront with substantial public space and enhanced access to the waterfront

-         shift to operations based on environmentally-sustainable products and actions

-         engage in thorough environmental cleanup and restoration prior to development

-         develop a sea-level rise adaptation plan that does not place an economic burden on the taxpayers

3.     Improve the Port’s economic development capability

-         concentrate on economically benefitting the larger community and small businesses by focusing on manufacturing, production and alternative energy and energy efficient projects

-         openly evaluate projects to determine their economic effectiveness before committing public funds

-         enhance a recreation-based and restoration-based economy

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

Olympia Union Pacific Rail Blockade May Qualify as “Terrorist Attack”

Above: The railroad blockade continued in downtown Olympia on Tuesday. Early Tuesday, at 6:00 a.m., the Union Pacific police department served notice to protesters to vacate the tracks within two hours. They did not do so and Union Pacific officers did not come back. 

Port, Union Pacific, Olympia Police Departments Involved

By Janine Gates

www.janineslittlehollywood.blogspot.com

Editor's Note, November 16: Headline was changed from "Olympia Union Pacific Rail Blockade Qualifies as "Terrorist Attack" to "Olympia Union Pacific Rail Blockade May Qualify as "Terrorist Attack." Little Hollywood only cited one source for the legal information that was obtained from inside the blockade camp and provided to protesters on site. Little Hollywood appreciates the feedback.

The blockade of a Union Pacific train carrying ceramic proppants in downtown Olympia by protesters may qualify as a terrorist attack under federal codes and involves Port of Olympia security, the Union Pacific police department, and the City of Olympia police department.

Ceramic proppants are ceramic coated beads of sand created in China and used in the process of hydraulic fracking to allow for oil extraction. The train carrying the proppants from the Port of Olympia is destined for North Dakota's Bakken oil field. 

The evolving group of activists, collectively known as Olympia Stand, have created a camp on and near the tracks, and have increased their security measures. On environmental grounds, many are willing to risk arrest in a direct action to prevent the train from leaving Olympia. 

Climate scientists are clear that in order to stave off catastrophic climate change, 80 percent of fossil fuel reserves need to stay in the ground. 

In a press release issued November 13, the Olympia Stand group says it will continue to “fight the import or export of fossil fuel infrastructure until the Port of Olympia finds alternative uses for the marine terminal.”

Ports are considered separate municipalities, like a city or town, and have their own security force to protect port property. State law applies in ports, but some federal charges may also apply because ports are considered critical infrastructure of commerce. 

The Olympia Police Department has largely employed a hands-off approach, but officers have been seen in the area.

Little Hollywood asked the Olympia Police Department on Tuesday if it is cooperating with the Union Pacific Railroad special agents.

“We are working with Union Pacific Railroad police as well as working with other local agencies to ensure the city remains safe. Although the Union Pacific Railroad police department is the primary agency handling this matter and it is their jurisdiction right now, we recognize it is in the heart of our downtown and whatever comes of this will likely carry on to our city streets,” said public information officer Lt. Paul Lower.

“The group occupying the railroad tracks has put flyers up in a number of locations downtown Olympia which indicates they are unwilling to cooperate with anyone and will carry out their plan “by any means necessary,” using words such as “fight,” “attack,” and “fight back” to define what they mean. 

“The City of Olympia Police Department’s primary concern is the safety of our community. We are working hard to keep our community safe,” he added.

The encampment on the tracks has grown since the protest started last Friday.

Early Tuesday, at 6:00 a.m., protesters were served notice by two Union Pacific special agents based in Portland to vacate the railroad at 7^th and Jefferson Street. Little Hollywood was told that one officer recorded the interaction with a camcorder.

Protesters were given a two hour warning and told to vacate by 8:00 a.m., however, railroad agents did not show up at 8:00 a.m.

There is a split in the railroad tracks between 7^th and 8^th Avenues in the area where the protesters are located. On Monday morning, protesters were contacted by another railroad company that operates a nearby track and were asked to untie a rope that was in the way of that railroad line’s property. 

The rope was anchoring a tent, and protesters untied the rope as requested without incident.

About that same time, a Port of Olympia inspector and a supervisor also showed up, along with Olympia Police Department officers, but there was no incident, and all officers left the scene.

Union Pacific Police Department History

Union Pacific has a police department staffed with more than 220 special agents, who are responsible for all Union Pacific locations across 32,000 miles of track in 23 states. 

Special agents have primary jurisdiction over crimes committed against the railroad and are certified state law enforcement officers with investigative and arrest powers both on and off railroad property in most states. They also have interstate law enforcement authority pursuant to federal law.

In 2014, the Union Pacific Police Department achieved accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) for complying with the highest law enforcement standards. Only 17 percent of U.S. law enforcement agencies have earned the CALEA accreditation.

The railroad police force dates to the mid-1800s, when the number of U.S. Marshals was insufficient to police the country's growing rail network. Members were called Pinkertons, named after their originator, Alan Pinkerton.

Today, each Class I railroad employs special agents across the country to protect the rail network.

According to the Civil Liberties Defense Center, railroad tracks, and usually the land extending up to 50 feet on either side, are private property of railroad corporations.

Railroad police have interstate jurisdiction and can investigate and enforce all state law crimes against railroad whether or not the officers are on railroad property.

There are special state and federal charges that may be brought against protesters interfering with railroads and trains.

Federal charges typically involve the use of violence, but many non-violent actions may face serious charges and is written in a 1992 code rather broadly as

“terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.”

Disabling, wrecking, or derailing any on-track equipment or vehicle, as well as making tracks, depots, bridges, tunnels, signals, warehouses, etc. unusable or unworkable also qualifies as a terrorist attack.

Also according to the Civil Liberties Defense Center, collecting information, surveilling, photographing, videotaping, or diagramming railroads or equipment to assist in any of this behavior may also qualify as a terrorist act, as does attempting, threatening, conspiring, or conveying false information about an attempt to do any of the above. 

All the above qualifies a Class C felony punishable by up to 20 years in prison and/or fines.

State charges also exist for railroad-specific behavior in Washington, including obstructing or delaying a train. This is a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. 

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

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.