BRANSON LAw OFFICE, P.A.

482 CONGRESS STREET, SUITE 304 P.O. Box 7526 PORTLAND, MAINE 04112-7526
WWW.BRANsONLAwOFFICE.COM

JOHNH. BRANSON* JBRANSON@BRANSONLAWOFFICE.COM *Admitted to practice in Maine, Massachusetts & the District of Columbia.

TEL: (207) 780-8611 FAX: (207) 221-2203

December 5, 2011 BY ELECTRONIC MAIL & FIRST CLASS MAIL Gary C. Wood, Esq. Corporation Counsel City of Portland 389 Congress Street Portland, Maine 04101 RE: Dear Gary: Enclosed please find OccupyMaine's Amended Petition to the Portland City Council, seeking to address a number of concerns raised at the Public Safety Committee meeting last Thursday, December 1st. Here is the summary of the substantive amendments to the Petition: 1. Change in terminology from "zone" to "space" so as to avoid the impression that OccupyMaine is seeking a zoning change of any kind with respect to Lincoln Park. 2. Number of Occupants. In addition to limiting the number of occupants based on the reduced geographic occupation space and the minimum space requirement of 10 feet between tents, OccupyMaine further proposes a limit of fifty (50) overnight occupants at any given time absent approval from the City for a variance under special circumstances. 3. Kitchen and Food Distribution. If the City denies OccupyMaine a temporary food service license with reasonable and legitimate grounds therefor, OccupyMaine will promptly discontinue the use and operation of a kitchen for food storage, preparation and distribution. OccupyMaine's Amended Petition to Portland City Council

BRANSON LAw OFFICE, P .A.
Gary C. Wood, Esq. December 5, 2011 Page 2 4. Liability Insurance. OccupyMaine will undertake diligent efforts to procure at reasonable cost liability insurance with a coverage amount of not less than $400,000, and requests that it be allowed thirty (30) days to procure such insurance coverage. Only if unsuccessful will OccupyMaine seek a waiver. 5. Sanitation Plan.

a. Commencing today, December 5th, OccupyMaine has arranged and paid for servicing of the two port-a-potties in Lincoln Park three times per week (Mondays, Wednesdays and Fridays) rather than twice weekly. b. Within the next week, OccupyMaine will be renting a dumpster for several days at its own expense for the purpose of disposing of trash and debris in Lincoln Park that cannot easily be placed into trash bags. OccupyMaine will place the dumpster in a location approved by the City, and will have it removed within a reasonable time not to exceed seven (7) days after it is placed on site. 6. Plans for Stewardship of the Park

a. As an alternative to posting a bond for future repair or stewardship of the Park, OccupyMaine will establish a fund at Five County Credit Union to cover such costs and pledges to raise Two Thousand Five Hundred Dollars ($2,500.00) by the end of the 179-day term of the permit sought herein. In addition, OccupyMaine will exercise its diligent efforts through public appeals and other means to procure the voluntary services of landscapers and landscaping companies free of charge (or at a discount) to assist with any needed repairs and future stewardship of Lincoln Park. b. OccupyMaine is willing to dedicate its resources and efforts to help establish the Friends of Lincoln Park, a non-profit organization in the same vein and spirit as other private organizations formed to support and maintain public parks in the City of Portland. The above represents a total of eight (8) substantive changes to OccupyMaine's original Petition dated November 29,2011. Please note that OccupyMaine is willing to consider additional substantive changes as necessary to address any other concerns that may be voiced by the City Councilor City Officials at the upcoming meeting this Wednesday at 7:00 p.m.

BRANSON LAw OFFICE, P.A.
Gary C. Wood, Esq. December 5,2011 Page 3 OccupyMaine and its individual members expressly reserve all their rights under the Constitution of the United States and the Constitution of the State of Maine to engage in non-commercial expression, assembly, association and petitioning for redress of grievances, and do not waive any of those rights through its submission of this Amended Petition. OccupyMaine thanks the City of Portland for its fullest consideration of the enclosed Amended Petition. In the event the City requires any additional information or details in order to properly review and assess the Petition, or has any questions regarding the same, please do not hesitate to contact me.

Enclosure cc: OccupyMaine (w/enclosure) Heather Curtis (w/enclosure)

OCCUPYMAnvE
LINCOLN PARK PORTLAND, MAINE 04101
OCCUPYMAINE'S AMENDED PETITION TO PORTLAND CITY COUNCIL

DECEMBER

5, 2011

I.

OccupyMaine

OccupyMaine is an unincorporated association of individuals seeking redress of grievances arising from: the vast inequality of wealth and income in the United States and throughout the world; a thoroughly corrupt and unjust fmancial, economic and political system; and the corporate takeover of our public spaces and our once democratic government at the national, state and local levels. OccupyMaine functions and operates through its General Assembly, working groups reporting to the General Assembly, and the contributions of its autonomous individual members. OccupyMaine is based in Lincoln Park in Portland, Maine and has maintained there a continuous assembly of individuals engaged in peaceful non-commercial expression and protest since October 3,2011. OccupyMaine was officially organized on October 1, 2011 in solidarity with #OccupyWallStreet and hundreds of other occupations around the nation and the world. Contact Persons for this Petition: Heather Curtis, OccupyMaine member Facilitator of Petition for 24- Hour Speech & Assembly Space 24 Kellogg Street Portland, Maine 04101 Tel. 207-420-7058 E-mail: heather@can-so.org John H. Branson Legal Counsel to OccupyMaine Branson Law Office, P.A. 482 Congress Street, Suite 304 Portland, Maine 04101 Tel. 207-780-8611 Fax: 207-221-2203 E-mail: jbranson@bransonlawoffice.com

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II.

Nature and Purpose of Petition

By way of this Petition, OccupyMaine asks the City of Portland, through its elected representatives, to permanently designate a specific area of Lincoln Park for use as a perpetual free speech, assembly and community building space on a 24/7 basis by members of the public seeking to engage in such activities, subject to certain terms and conditions established by the City. OccupyMaine proposes that said space be comprised of a certain geographic area within Lincoln Park, to wit, that portion of the Park to the South and West of a concrete walkway within the Park running southeasterly from Congress Street through the fountain area in the Park to Federal Street, as depicted in map attached hereto as Exhibit 1. By way of this Petition, OccupyMaine also seeks to maintain its 24-hour, 7-day-per-week community encampment at Lincoln Park first established on October 3,2011, limited to the designated space described above, for the purposes of: (1) continuing to assemble and speak out for redress of grievances; (2) continuing to create and maintain a safe public space for dialogue, debate and action to accomplish social and economic change; and (3) continuing to illustrate, teach and learn - for the benefit of each other and the public at large - basic lessons in community building, free association and expression, and direct democracy; and for other purposes consistent with noncommercial first amendment activity. III. Proposed Parameters, Terms and Conditions Governing OccupyMaine's Community Encampment at Lincoln Park.

1. Duration. By way of this Petition, OccupyMaine seeks the establishment of a permanent space in Lincoln Park for non-commercial speech, assembly and community building available on a 24/7 basis. By way of this petition, OccupyMaine seeks leave from the City to continue to maintain its occupation within that designated space under certain terms, plans and conditions for a period of not more than 179 days, subject to the right to seek renewal and/ or extension of that time period through the appropriate process. 2. Geographic Limitation. OccupyMaine proposes to limit its 24/7 occupation of Lincoln Park to a certain geographic area within Lincoln Park, to wit, that portion of the Park to the South and West of a concrete walkway within the Park running southeasterly from Congress Street through the fountain area in the Park to Federal Street, as depicted in map attached hereto as Exhibit 1. By way of this Petition, OccupyMaine asks the City to permanently designate that particular geographic area within Lincoln as a 2

space for non-commercial speech, assembly and community building available on a 24/7 basis. 3. Number of Tents. OccupyMaine seeks to maintain as many tents as can be erected within the designated geographic area without running afoul of the fire code provision requiring a minimum of 10 feet of separation between each tent. 4. Number of Occupants. OccupyMaine would limit the number of overnight occupants to a number consistent with the safety and welfare of those occupants, in view of the limited geographic area we are occupying and the number of tents within the occupation space consistent with any applicable safety regulations, and further agrees that the number of occupants would not in any event exceed fifty (50) at any given time absent approval from the City for a variance under special circumstances. 5. Kitchen and Food Distribution. OccupyMaine seeks to maintain and operate a kitchen, and store, prepare and serve food out of the kitchen consistent with prudent and sanitary food safety practices. OccupyMaine will seek a temporary food service license for this purpose. OccupyMaine shall if required submit a building permit application and any other information reasonably necessary to assure the City regarding structural integrity and soundness. If the City denies OccupyMaine a temporary food service license with reasonable and legitimate grounds therefor, OccupyMaine will promptly discontinue the use and operation of a kitchen for food storage, preparation and distribution. 6. Other Tents and! or Structures

a. Library & Buckminster Fuller Spiritual Dome. OccupyMaine would continue to maintain, within the designated occupation space, the Troy Davis Memorial Library and the Buckminster Fuller Spiritual Dome, and shall if required submit a building permit application and any other information reasonably necessary to assure the City regarding structural integrity and soundness. b. Free Store for Non-Food Donations. OccupyMaine would continue to maintain, within the designated occupation space, a Free Store for Non-Food Donations, and shall if required submit a building permit application and any other information reasonably necessary to assure the City regarding the structural integrity and soundness. c. Medical Tent. OccupyMaine would continue to maintain, within the designated occupation space, a Medical Tent, and shall if required submit a building permit applications and any other information reasonably 3

necessary to assure the City regarding structural said tent.

integrity and soundness

of

d. Communal Warming Tent/Teepee. OccupyMaine would install and maintain, within the designated occupation space, a communal warming tent/tepee within which it could operate a wood or pellet burning stove with proper exhaust of all smoke to the outside. It would not be a place for sleeping but rather for getting warm. 7. Tarps, Coverings & Tents-Flame Retardant/Fire Safe. OccupyMaine would replace any tarps or tents that are not certified as flame retardant and fire safe with tarps, coverings and tents that meet the applicable fire safety codes, and requests that it be afforded thirty (30) days from the date of permit approval to accomplish same. 8. Wooden Pallets. OccupyMaine would replace any wooden pallets that are not certified as flame retardant and fire safe with flame retardant wooden pallets or other foundations that meet the applicable fire safety codes, and requests that it be afforded thirty (30) days from the date of permit approval to accomplish same. 9. Hay & Hay Bales. OccupyMaine would replace any hay or hay bales that are not certified as flame retardant and ftre safe with hay and/or hay bales that have been treated to be flame retardant and/or other insulating materials that meet the applicable fire safety codes, and requests that it be afforded thirty (30) days from the date of permit approval to accomplish same. 10. Liability Insurance. OccupyMaine will undertake diligent efforts to procure at reasonable cost liability insurance with a coverage amount of not less than $400,000, and requests that it be allowed thirty (30) days to procure such insurance coverage. If such diligent efforts prove unsuccessful, OccupyMaine shall seek a waiver of any requirement that it obtain liability insurance, on the ground that such a requirement is an unduly burdensome restriction on non-commercial speech and assembly. See, e.g., Sullivan v. City oj Augusta, 511 F.3d 16 (lstCir. 2005). 11. Sanitation Plan.

OccupyMaine proposes to continue to properly bag all trash on a daily basis, in City approved blue trash bags, and place those bags for removal in or next to the City trash barrels located at the comer of Pearl and Federal and the comer of Pearl and Congress. OccupyMaine requests that the City place two more barrels for that purpose, one at each referenced comer, to help avoid the need to place bags next to the barrels.

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OccupyMaine has paid for and maintains two port-a-potties in Lincoln Park, serviced three times per week on Mondays, Wednesdays and Fridays (effective December 5, 2011), and plans to continue maintaining and paying for such facilities and services. Within the next week, OccupyMaine will be renting a dumpster for several days at its own expense for the purpose of disposing of trash and debris in Lincoln Park that cannot easily be placed into trash bags. OccupyMaine will place the dumpster in a location approved by the City, and will have it removed within a reasonable time not to exceed seven (7) days after it is placed on site. 12. Fire Safety, Public Safety and Medical Response.

OccupyMaine has a nurse practitioner who serves as a medic on-site, with a posted phone number, who is on call when not on site. A number of members of OccupyMaine have flrst aid and advanced flrst aid training. OccupyMaine has published emergency numbers, such as 911, the HOME Team, the 774- HELP line and Crisis Unit numbers. Additionally, OccupyMaine's Safety, Logistics, and Information team members maintain those phone numbers and contact information, and are familiar with the Ingraham Office and 24 hour Crisis Center in Monument Square.
It is also the policy of OccupyMaine, understood by all team members

and other occupiers, that calling 911 or securing transport to a hospital emergency room is the best way to handle any medical emergency. One role of the medics and other team members is to ensure prompt medical attention and escalation of care for any individual as needed, and to secure treatment from free and/or sliding scale medical clinics as needed. OccupyMaine has received and continues to receive ongoing trainings from SOLO Wilderness Medical School on winter survival in the outdoors. A group called "OccupyWinter" has also formed on a national and international basis to share information among the various occupations regarding winter preparations and cold weather survival, and OccupyMaine is connected with that group. OccupyMaine has continued to abide by the City's request that it have no open pit fires of any kind in Lincoln Park and that it not burn wood or wood pellets for any purpose. As set forth herein, however, OccupyMaine seeks leave through this permit request to operate a wood or pellet burning stove within 5

the designated area of Lincoln Park, either outside or within a tent or teepee that has proper exhaust for smoke, as an essential method for staying warm in the absence of permitted warmers within tents where people sleep. The warming tent would not be for sleeping but for staying warm. OccupyMaine will post designated exit signs around the encampment and detailed maps of the encampment in common areas. In the event evacuation of the encampment is required due to fire or for any other safety reason, "The People's Mic" and a whistle will warn occupiers to evacuate immediately. Members of the Safety team will be responsible for checking tents to ensure eva~uation in the event of an emergency. Numbers have been placed on each tent for the purposes of identification. The watering trough behind the Fire Station has been designated as a place to gather in the event of an evacuation, which will be announced in advance and during any evacuation. We have fire extinguishers in key locations around the Occupy encampment, and are acquiring carbon monoxide detectors for installation at appropriate locations. Cigarette butt cans have been distributed throughout the camp, and "No Smoking" signs are posted in common spaces like the kitchen and library tents and also near any flammable items. OccupyMaine members understand that smoking in tents has been forbidden by the City and the group and as best as the group can determine that regulation is being observed. OccupyMaine members within the encampment would refrain from using any propane or other flame-based heating devices within a tent where people are sleeping, absent appropriate exhaust and pre-approval from the City. OccupyMaine's Statement of Policy and Principles on Violence and Drugs, adopted by the General Assembly on November 10,2011 and attached hereto as Exhibit 2, would have to be observed by individuals who wish to remain in the community encampment on a daytime and/or overnight basis. OccupyMaine is in the process of finalizing a social compact articulating expected standards of behavior - with respect to one another and the Park - for those who wish to be part of the OccupyMaine community encampment in Lincoln Park. OccupyMaine proposes that the City place holiday lights on all the trees in Lincoln Park for the duration of the winter months, as it does in many other 6

parks and areas of the City, for the purpose of beautifying and brightening Lincoln Park and enhancing public safety during the evening and nighttime hours. OccupyMaine welcomes any additional input, ideas of suggestions from City officials as to different or better ways to address Fire Safety, Public Safety and Medical Response. 13. Plans for Staying Warm.

As set forth above, OccupyMaine has received and continues to receive education and training regarding staying warm, and a SOLO Wilderness Medical School instructor has been actively involved with OccupyMaine. A number of OccupyMaine's members are also experienced winter campers. OccupyMaine have been receiving donations of sleeping bags, tents, clothing, footwear, propane heaters for use outside of sleeping tents, hand warmers, etc. That said, occupiers fully understand that in the event of extreme cold, they must stay physically active and/or take shelter indoors as necessary to stay warm. OccupyMaine maintains a couple of sturdier tents that can be utilized as warming huts, day and night, for numerous persons. OccupyMaine also has a network of local residents who have agreed to provide shelter and hot showers if needed. OccupyMaine is in the process of fmalizing a social compact articulating expected standards of behavior - with respect to one another and the Park - for those who wish to be part of the OccupyMaine community encampment in Lincoln Park. OccupyMaine welcomes any additional input, ideas of suggestions from City officials as to different or better ways to help occupiers stay warm in Lincoln Park. 14. Plans for Stewardship of the Park.

OccupyMaine is keeping the Park clean through various efforts of the occupiers. Group members have been raking regularly and keeping straw down on muddy areas. All trash is bagged and tied on a regular basis, and deposited on a daily basis in or next to the barrels just outside the Park at the comer of Pearl and Federal and the comer of Pearl and Congress. Through
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this Petition, OccupyMaine is requesting that the City place two more trash barrels, on at each of the referenced corners. OccupyMaine proposes that the City places holiday lights on all the trees in Lincoln Park for the duration of the winter months, for the purpose of beautifying and brightening the Park and enhancing public safety during the evening and nighttime hours. OccupyMaine is in the process of fmalizing a social compact articulating expected standards of behavior - with respect to one another and the Park - for those who wish to be part of the OccupyMaine community encampment in Lincoln Park. OccupyMaine will use its funds as necessary on an ongoing basis to maintain Lincoln Park and the community encampment in a clean and presentable manner. As an alternative to posting a bond for future repair or stewardship of the Park, OccupyMaine will establish a fund at Five County Credit Union to cover such costs and pledges to raise Two Thousand Five Hundred Dollars ($2,500.00) by the end of the 179-day term of the permit sought herein. In addition, OccupyMaine will exercise its diligent efforts through public appeals and other means to procure the voluntary services of landscapers and landscaping companies free of charge (or at a discount) to assist with any needed repairs and future stewardship of Lincoln Park. Finally, OccupyMaine is willing to dedicate its resources and efforts to help establish the Friends of Lincoln Park, a non-profit organization in the same vein and spirit as other private organizations formed to support and maintain public parks in the City of Portland. OccupyMaine welcomes any additional input, ideas of suggestions from City officials with regard to present or future stewardship of Lincoln Park. 'Dated: December 5,2011

-----jY-

H~CUPYMaine Member and Facilitator oj this Petition

nL __ ___::_.~ /_--

_

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EXHIBIT I

EXHIBIT
~

A statement of policy and principles on Violence and drugs
Goal: To provide a framework to de-escalate conflict and respect fundamental human dignity. Occupy Maine condemns all forms of oppression. Occupy Maine acknowledges the right of all people to access the legal system, and will not impinge on this right. You remain an autonomous individual, and can always call the police. A process to address and mediate violations of these norms must differentiate between people and behavior. To ensure a healthy, safe space, Occupy Maine will not tolerate violent behavior, threats of violence against individuals, intoxication, theft or unauthorized physical contact. When a person Chooses to act in a way that violates these principles, the community will demand that these behaviors cease immediately. A team, consisting of three to five mediators, drawn from a pool of those willing, with other community members will directly address the facts of violation, in the form, "We have seen you hurt our community, YOU are welcome here, but your behavior is not kind, and is not welcome here" . The team must be resolute, calm, and collected. If a mediator can no longer remain in this roll, they must Step away until they can resume. This process is not a shouting match, nor an argument. All Statements are made in "I" form, are Strictly factual, and are not based on rumor or supposition. The process must and will continue, reescapeating itself until the negative behavior is addressed. The oppressive behavior will leave the Occupation, with or without the individual. If confrontation lates, call the police.
Approved by the General Assembly of

The occupation will continue to update these policies.

Occupy Maine 11-10-11