YES MEN HONCHO SPRUNG FROM CLINK
"Balls Across America" direct-action campaign launched
NYPD abuse of authority big factor in arrest

   Contact: The Yes Men <mailto:event@theyesmen.org>

Andy Bichlbaum, co-founder of activist group the Yes Men, emerged after 26 hours
in New York City's central lockup with all charges against him dismissed.[1]

"The judge just laughed," said Bichlbaum. "The police had a less well-developed
sense of humor - and, it turned out, much less regard for the law. But all in all,
I'm ecstatic that they arrested me."

At 10am Tuesday, Bichlbaum was arrested and charged with trespassing, after he and
21 "Survivaballs" [2] gathered on New York City's East River and announced they
were to going to "take the UN by storm" from the water, since all the land
approaches were sealed. Once at the UN, they would supposedly use the Survivaballs
to blockade the negotiations and refuse to let world leaders leave the room until
they'd agreed on sweeping cuts in greenhouse gas emissions, as Secretary-General
Ban Ki-Moon has demanded.[3]

The event was a "scenic and mediagenic way to call attention to what our leaders
need to do in the run-up to Copenhagen," said Bichlbaum. [4] It was also the
official inauguration of the Yes Men's "Balls Across America" series of civil
disobedience actions, inspired by the call for direct action on climate change by
website http://BeyondTalk.net.

Minutes after the balls began wading into the water, law enforcement swooped in on
the protesters by land, sea, and air. In order not to harm their attackers, the
balls admitted defeat and waddled out of the water and off the beach. Seven
participants were given tickets for trespassing, and one - ringleader Bichlbaum -
was whisked away to "the Tombs," New York's central processing facility at 100
Centre Street, due to an unpaid ticket for bicycle riding through Washington
Square Park. 

Bichlbaum's arrest led to hilarious prime-time coverage on CNN.[5]

"Sleeping on concrete was a challenge, but I met a lot of interesting people, and
my arrest meant major prime-time news coverage we wouldn't have otherwise had,"
said Bichlbaum. "That's the whole point of civil disobedience. Thanks to my
momentary discomfort, our symbol of the stupidity of not taking action on climate
change was seen by tens of millions of people. It all worked out great, and I
remain grateful to the NYPD for having accidentally made our event successful
beyond our wildest dreams."

Despite Bichlbaum's gratitude, one thing stuck out for his attorney, Wylie
Stecklow: in filing his report, the arresting officer had lied through his teeth.

"The officer said he'd seen Bichlbaum jump over the fence, which was obviously
impossible, since the police arrived after the Survivaballs had all entered the
beach," said Stecklow, who defended Bichlbaum at his arraignment yesterday
morning. "And the officer said there were prominent signs posted to the effect
that entering was forbidden - also untrue." [6]

"Perhaps the NYPD thought that if an officer did not swear that he saw Andy climb
a fence, AND that there were signs providing notice that this area was off-limits,
a judge might have dismissed the case," said Stecklow.

According to Stecklow, officers swearing to facts they couldn't possibly know is
an all-too-common occurrence. "Often, during mass arrests, we see a Supervising
Officer assigning junior officers to write up the paperwork. But these junior
officers end up becoming the 'arresting officer,' requiring them to swear to facts
that are not within their knowledge. This leads to constitutional violations and
wrongful arrests, and undermines the confidence that citizens should have in the
criminal justice system," said Stecklow.

The NYPD has, in recent years, been found guilty of making numerous
unconstitutional arrests in cases of political protest, and then falsifying their
statements to fit the arrests. There have in particular been several well-known
cases involving the tackling and arrest of bicyclists, with false excuses then
written into police reports. [7]

"My case doesn't matter in itself," said Bichlbaum. In fact, I'm really happy it
turned out as it did. But I hope we can help expose the systemic and nefarious
culture of lying within the NYPD, that has had the effect of criminalizing protest
in New York City."

"The police have to be told very clearly that they can't lie and expect to get
away with it," Bichlbaum added. "The stakes are far too high."

"We need to strengthen oversight of the police by those who empower them in the
first place - you and I, the citizens of New York City," said Stecklow. "Right
now, at a bare minimum, that means giving teeth to the formerly well-intentioned,
now powerless body of the Civilian Complaint Review Board."

"Unfortunately, even when we have video proving police statements to be false, no
one seems interested in investigating," added Stecklow. "That's got to change."

After reading the arresting officer's complaint against him, Bichlbaum decided to
file a complaint with the CCRB in order to hold this officer accountable for his
false statements."It's not much, but at least this guy will have to explain his
story under oath. And then next time, maybe he'll think twice before filing a
false statement to make the crime stick."

The Yes Men hope their next actions won't depend on police misconduct to make them
a success. "With 'Balls Across America,' our goal is to get arrested fair and
square, all across this fair land of ours," said Yes Men co-founder Mike Bonanno.
"It's a great way to get attention for a crucial issue."

[1] Bichlbaum actually received an Adjournment with Contemplation of Dismissal,
which normally results in full dismissal in New York State
(http://en.wikipedia.org/wiki/Adjourned_in_Contemplation_of_Dismissal).

[2] The Survivaball (http://survivaball.com) made its first appearance in 2006,
when "Halliburton representatives" attended a conference on catastrophic climate
change and demonstrated the functionality of the large inflatable suits which keep
corporate managers safe from global warming 
(http://theyesmen.org/hijinks/survivaball). That hoax, and many more like it, are
documented in the new award-winning documentary film, The Yes Men Fix the World
(http://www.theyesmenfixtheworld.com), which opens theatrically in New York
October 7, before opening nationally October 23.

[3] http://nypost-se.com/news/un-chief-world-heading-for-climate-abyss/

[4] http://www.democracynow.org/2009/9/23/headlines#14
http://nypost-se.com/news/us_news/congress-cops-out-on-climate/
http://nypost-se.com/news/us_news/crap-and-trade/

[5] http://www.cnn.com/video/#/video/offbeat/2009/09/23/moos.survivaball.cnn

[6] http://theyesmen.org/crimcomplaint715.pdf

[7] , 

September 21, 2009

"WE'RE SCREWED": MEDIA HEIST BLANKETS CITY WITH "SPECIAL EDITION" NEW YORK POST
Tabloid Tells Truth About Climate Change and How It Will Affect City, World

Contact: The Yes Men , 347-254-7054, 646-220-4137
Fake New York Post: http://www.nypost-se.com/
Video News Release: http://www.nypost-se.com/video
City report on climate change: http://www.nyc.gov/html/om/pdf/2009/NPCC_CRI.pdf
Wake-up call: http://www.tcktcktck.org/wakeup

Early this morning, nearly a million New Yorkers were stunned by the appearance of a "special edition" New York Post blaring headlines that their city could face deadly heat waves, extreme flooding, and other lethal effects of global warming within the next few decades. The most alarming thing about it: the news came from an official City report.

Distributed by over 2000 volunteers throughout New York City, the paper has been created by The Yes Men and a coalition of activists as a wake-up call to action on climate change. It appears one day before a UN summit where Secretary-General Ban Ki-Moon will push 100 world leaders to make serious commitments to reduce carbon emissions in the lead-up to the Copenhagen climate conference in December. Ban has
said that the world has "less than 10 years to halt (the) global rise in greenhouse gas emissions if we are to avoid catastrophic consequences for people and the planet," adding that Copenhagen is a "once-in-a-generation opportunity."

Although the 32-page New York Post is a fake, everything in it is 100% true, with all facts carefully checked by a team of editors and climate change experts.

"This could be, and should be, a real New York Post," said Andy Bichlbaum of the Yes Men. "Climate change is the biggest threat civilization has ever faced, and it should be in the headlines of every paper, every day until we solve the problem."

The fake Post's cover story ("We're Screwed") reports the frightening conclusions of a blue-ribbon panel of scientists commissioned by the mayor's office to determine the potential effects of climate change on the City. That report was released in February of this year, but received very little press at the time.

Other lead articles describe the Pentagon's alarmed response to global warming ("Clear & Present Disaster"), the U.S. government's sadly minuscule response to the crisis ("Congress Cops Out on Climate"), China's alternative energy program ("China's Green Leap Forward Overtakes U.S."), and how if the US doesn't quickly pass a strong climate bill, the crucial Copenhagen climate talks this December could be a "Flopenhagen."

The paper includes original investigative reporting as well. One article ("Carbon counter counts New Yorkers as fools") reveals that Deutsche Bank - which erected a seven-story "carbon counter" in central Manhattan - not only invests heavily in coal-mining companies worldwide, but has recently entered the business of coal trading itself.

The paper has the world's gloomiest weather page, covering the next 70 years rather than just 7 days. The "Around the World" section describes the disproportionate effects of climate change on poorer parts of the world, including extreme droughts, floods, famines, water shortages, mass migrations and conflicts. Developing countries will bear the brunt of climate change effects even though they have done very little to cause the problem.

But the paper isn't all doom and gloom. An article called "New York Fights Back" notes that the carbon emissions of Big Apple residents are only one third the national average, and that the city is building 1800 miles of bike paths, planting one million trees, and replacing its fleet of police cars with hybrids. There's also a page of black-humor cartoons (in one, Charlie Brown finds Snoopy drowned), a gossip section that takes no prisoners, and a number of truly cheerful ads - for sex ("Awesome. No carbon emissions."), tote bags, bicycles, and tap water ("Literally comes right out of your faucet!").

Another ad promotes civil disobedience, encouraging readers to visit http://BeyondTalk.net and pledge to risk arrest in a planned global action November 30, just before the conference in Copenhagen.
 
"We need strong action on climate change," said David Solnit of Mobilization for Climate Justice West, one of the partners in BeyondTalk.net. "But history shows that leaders act only when people take to the streets to demand it. That's what needs to happen now."

This paper is one of 2500 initiatives taking place in more than 130 countries as a response to the "Global Wake-up Call" on climate change. For more information, visit www.tcktcktck.org/wakeup