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AV Flox is a Peruvian transplant living in Los Angeles. She is the editrix-in-command of Sex and the 405, a site that shows you what your newspaper w...
 
 
 
 

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Two Beef Tacos, Please -- Hold the Pepper Spray

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On Monday night, Fox News decided to tackle the story of the students who were pepper sprayed while protesting corporate control of the country during an Occupy demonstration at the University of California, Davis.

Bill O'Reilly, host of the popular conservative television talk show The O'Reilly Factor, took up the issue with Fox News anchor and host of the channel's America Live, Megyn Kelly. The conversation unfolded as follows:

Bill O'Reilly: Pepper spray -- that just burns your eyes, right?

Megyn Kelly: Right. It's a derivative of actual pepper. It's a food product, essentially. A lot of experts are looking at that and asking -- is that the real deal? Has it been diluted because --

Bill O'Reilly: They should have more of a reaction than that.

A few minutes later, Kelly stated, "I don't know that the cops did anything wrong," suggesting that it made more sense to use pepper spray to scatter protesters than touch them. Her commentary continued as footage of Lieutenant John Pike spraying sitting students -- who appeared desperate to cover their faces without breaking the chain they had created with their bodies -- played on the screen.

Throughout the conversation, Kelly referred to police response as "reasonable use of force," despite conceding that several protesters ended up going to the hospital following exposure.

The segment failed to mention what UC Davis professor Nathan Brown reported in an open letter to UC Davis chancellor Linda P.B. Katehi. The protesting students who were seated in a circle around their Occupy encampment on the university quad (for which the chancellor had granted permission earlier that week) linked arms to keep police from removing them.

"Without any provocation whatsoever, other than the bodies of these students sitting where they were on the ground, with their arms linked, police pepper-sprayed students," Brown writes. "Students remained on the ground, now writhing in pain, with their arms linked."

UC Davis students protest pepper sprayNovember 21, 2011, Davis, California: Hundreds of Occupy UCDavis protesters return for another day of demonstrations at the UC Davis quad. Protesters vow to continue their protest in the wake of last week's pepper spray. (Credit Image: © Sacramento Bee/ZUMAPRESS.com)

This is what Brown reports happened next (emphasis mine):

Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed directly in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.

Let's take a look at this "food product." Megyn Kelly is correct that pepper spray is essentially a food product -- if by that she means that it's derived from capsaicins, the active components in various types of pepper.

According to a report on Gizmodo, footage of the incident suggests that police were packing MK-9 canisters of pepper spray (of the 0.7 percent carpaicinoid solution variety), one of the stronger available forms of this "less-than-lethal" weapon. Per their research:

It's much stronger than the 0.2 percent that's authorized for tactical deployment, making this a sizable hammer for this particular nail. And even if it were an appropriate dose, it was sprayed at near point-blank range [at UC Davis]. The recommended minimum distance? Six feet, and it remains effective at 18-20 feet.

At that high-level dosage, the burning, boiling eye sensation and difficulty breathing would obviously be amplified. Any form of pepper spray can be serious trouble -- even lethal -- for someone with asthma or a heart condition, and we're talking the stuff the Marines train with here.

This stuff just burns the eyes, right? Wrong. Since we're talking about "food products" here, let's put it in context with some other peppers to give you an idea of what kind of heat we're looking at. Fortunately for us, in 1912 a man by the name of Wilbur Scoville created a method for analyzing the strength of peppers' burn and a scale against which to measure them (to loosely quote Newton, "if we can see further, it's that we stand on the shoulders of giants").


"Hot peppers" via Shutterstock.

According to the scale, a jalapeño pepper packs a punch of between 3,500 and 8,000

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anneisanne 9 pts

You can bet your ass if someone did this to a Tea Party rally, there would be a different tune.

rickladd 5 pts

What this clearly points out to me, and I hope to others, is just how little empathy and compassion these people (O'Reilly, Kelly and, presumably, their listeners) have for their fellow human beings. I believe this is, at best, a form of sociopathy (which, in many respect, I suppose can be considered somewhat benign) and, at worst, outright hatred and animosity toward anyone they don't agree with. They are also, like the police officers who perpetrate these acts, cowards.

Lisa Stone 20 pts moderator

Fantastic post @avflox. As I just wrote in BlogHer's weekly newsletter, there's nothing like a good old-fashioned dose of brutality to make me thankful.

If you have ever had any exposure whatsoever to pepper spray (I'm from grizzly country, I have) I'm guessing that when you saw these photos, your eyes filled with tears and you wondered whether any of those kids had to go to the hospital (yes) or worse after this photo was taken. If you haven't, this article nails it. Here's my homegrown anecdotal example of why it's a weapon: I remember a friend of my mother's who once accidentally sprayed pepper spray in a corner of her bedroom in Missoula. She had to move out for a month.

I choose to interpret what's happening in this photo as a fundamental lack of education, understanding and compassion. When I started as a print reporter in the early 1990s, working the East Bay of San Francisco's Bay Area in San Jose and Fremont, I worked with some amazing and committed public safety officers. In my experience, the very best police departments don't certify an officer for the use of a taser or pepper spray without making sure that the officer has been on the receiving end. The officers I reported on knew the weapons they were using, knew what these weapons would do to the human body.

This guy? I'm going to guess, from the way he's strolling through the students here, that this uniformed officer didn't get that kind of training.

Ironically, today this horrible image makes me thankful. I am thankful that this spray attack didn't prove fatal to any of these kids.

I am thankful for the First Amendment and citizen journalists (many in BlogHer's community) who reported or shared this incident immediately, with brutal images and video, despite the fact that my New York Times showed up Sunday without either.

And I love the country where this doesn't happen every day -- which is why incidents of police brutality being revealed though social media coverage of the Occupy movement is meeting with such a strong, negative public reaction from citizens like me.

Happy Thanksgiving to you and yours.

biggirlblue 5 pts

Violent attacker, definitely, pepper spray away. Someone sitting on their ass and spraying inches from their face? Just wrong. There is no way around how wrong that is.

LucindaA 18 pts

I disagree with the use of pepper spray. I do. But as my husband and I talked about it, he asked what should the police have done then. What would have been reasonable use of force and I couldn't answer. What do others think the police should have done?

Polly Pagenhart 12 pts

LucindaA I've been reminded, in analyses of this (wish I could put my finger on it) that the whole process of arresting nonviolent civil disobedience-pratcicing protestors is really a very well-rehearsed dance. (Which I've witnessed before, as have most of us, in news accounts of other protests.) The officer approaches the person, tells them they're in violation of this or that order, asks whether they'll come peaceably, if they say" yes," which often times a majority do, up they come and off they're led (usually in plastic cuffs when it's like this). If they say "no," then the officers find a way (hopefully peacably) to pull their bodies (hopefully peaceably) to the awaiting squad car. It's a very familiar image.

I think given all we've seen about the commitment to nonviolent civil disobedience of these students, that's the familiar scene that should have played out.

On the legal issues at play: I found <a href="http://www.boomantribune.com/story/2011/11/16/211132/23">this article</a> useful for a legal treatment of the unconstitutionality (i.e. 4th Amendment-breaking) of the use of pepper spray against nonviolent protestors. The whole "immediate bodily harm" thing is what it's designed to combat, and at much farther back range than was used, as avflox documents.

I have no idea what I would have done if I were a police officer in that situation. I'd probably never get hired, since my main strategy would probably have been to have sat cross-legged across from them and take up a lengthy conversation about what was at issue, and try to arrive at a suitable, ethical, compromise that would work for all parties, if not in the long term, then even just the short term. Kind of like how I do with my kids every day. : \

LucindaA 18 pts

Polly Pagenhart Thank you. That makes a lot of sense and is what we have seen in Portland quite a bit. But I didn't know how to explain it to my husband (who probably wouldn't agree with me anyway). I was at a loss for words even though I knew what I witnessed was not the best way to approach the situation.

Polly Pagenhart 12 pts

LucindaA I'm with you, Lucinda: the whole situation often induces a loss for words. What I find especially challenging is that we don't often see examples of different ways of doing things, particularly imaginative, and peacable. The main thing is, to Lisa Stone's point above, there <em>is</em> a procedure in place for how to arrest nonviolent protestors. This wasn't it.

(Useful: Ten Things You Should Know About Friday's UC Davis Police Violence: http://studentactivism.net/2011/11/20/ten-things-y...

The post below (at a blog of a journalist covering this) contains video (introduced by a little context) of students silently bearing witness to the chancellor as she left a meeting about the issue. If you haven't seen it yet, I think you'll find it will be as inspirational as the image of the pepper spraying incident is disturbing:

http://thesecondalarm.com/2011/11/20/pepper-spraye...

The student speaking at the beginning of the video was among those sprayed by the officer. He concludes his instructions to the 1,000 students assembled (using the now-familiar "mic-check" human amplification) with this: "I personally beg that we use the tactics of peace this day." The image of the chancellor's walk to her car -- accompanied by the campus' chaplain -- is eloquent testimony.

Polly Pagenhart 12 pts

LucindaA

I'm with you, Lucinda: the whole situation often induces a loss for words. What I find especially challenging is that we don't often see examples of different ways of doing things, particularly imaginative, and peacable. The main thing is, to Lisa Stone's point above, there is a procedure in place for how to arrest nonviolent protestors. This wasn't it.

(Useful: Ten Things You Should Know About Friday's UC Davis Police Violence:http://studentactivism.net/2011/11/20/ten-things-y...

The post below (at a blog of a journalist covering this) contains video (introduced by a little context) of students silently bearing witness to the chancellor as she left a meeting about the issue. If you haven't seen it yet, I think you'll find it will be as inspirational as the image of the pepper spraying incident is disturbing:

http://thesecondalarm.com/2011/11/20/pepper-spraye...

The student speaking at the beginning of the video was among those sprayed by the officer. He concludes his instructions to the 1,000 students assembled (using the now-familiar "mic-check" human amplification) with this: "I personally beg that we use the tactics of peace this day." The image of the chancellor's walk to her car -- accompanied by the campus' chaplain -- is eloquent testimony.

abaybay 5 pts

First of all this is exactly why ppl dnt respect police officers! I understand they were told to do that but really excessive use of pepper spray! that's ridiculous n they got hospitalized if someone would have died it would b a bigger issue!

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CSNewYork
CSNewYork

Glad I'm not having Thanksgiving w them RT @sheepdontswim: Pepper spray is a food product, according to the news: http:\/\/t.co\/Pqz18PsY