Hugh Farrell and Gina “Tiga” Wertz have their first court date on July 14th: they’ve been charged with racketeering-–charges originally intended to target the mob–-for allegedly “conspiring” to engage in tree sits, participate in non-violent civil disobedience, and make an inflammatory blog post against the I-69 NAFTA superhighway.

When I reported on their arrest, though, I didn’t catch an interesting bit of information buried in the government’s motion for $20,000 cash bond. Mind you, these activists are not accused of any property destruction or violence, they’re accused of “conspiracy.” So how did the government attempt to justify the high cash bond?

According to Farrell’s motion for bond:

“The defendant has been observed advocating literature and materials which advocate anarchy, property destruction and violence, including ‘Ecodefense: A Field Guide to Monkeywrenching’ or ‘Recipes for Disaster: An Anarchist Cookbook.’”

In many ways, this is nothing new: the demonization of anarchists has existed as long as the term itself. But this is dangerous territory for a few reasons:

• It reflects more wasted resources on surveillance of First Amendment activity. Why was Farrell being “observed” by the law enforcement while allegedly “advocating literature” in the first place?
• It is intended to punish people for their political beliefs. Even if it is true that Farrell was observed advocating literature and that the literature advocated “anarchy,” how does this to relate to whether or not he’ll show up for his court date (which is what bail is all about)?
• Criminalizing books has no place in a democracy. Make no mistake, that’s what this is about: criminalizing dissent. The government isn’t burning the books, and it isn’t saying it is illegal to own them, but prosecutors are saying that if you *do* own them or “advocate” them it reflects negatively on your character.

  In that case, I’m guilty as well (and I’m sure I’m in good company with many of you). I own both of these books, and they are both available in countless bookstores and on Amazon.com. “Ecodefense” was a pivotal book in the history of the environmental movement, and includes an introduction by Ed Abbey. “Recipes for Disaster,” published by CrimethInc., isn’t the “anarchist cookbook,” you might expect: It has sections on coalition building and mental health.

As with so many of the cases I write about on this site, this isn’t about threats to public safety, it isn’t about property destruction, it’s about demonizing people because of their political beliefs. Well, in this case, it’s not even about that: It’s about demonizing people because of their books.

[The fact that prosecutors see these books as a threat is all the more reason to get yourself a copy or two. If you order them, please do so through the GreenIsTheNewRed.com Amazon account, below, and support this site at the same time! ]

Two environmental activists in Bloomington, Ind., have been charged with racketeering–charges originally intended to target the mob–for allegedly “conspiring” to engage in tree sits, participate in non-violent civil disobedience, and make an inflammatory blog post.

Hugh Farrell and Gina “Tiga” Wertz are organizers in the campaign to halt expansion of the I-69 NAFTA superhighway. They were arrested on Friday, April 24th, and they’re each facing five charges that carry a maximum of eight years in prison.

Four of the charges are misdemeanors for “intimidation” and “conversion” (treating someone else’s property as your own). All four misdemeanors are related to a civil disobedience stunt where some activists removed the furniture from an I-69 project office, occupied the space, and posted an eviction notice. The government says the civil disobedience stunt was intended to place Ronnie Wilson in fear, and subject him to “contempt or ridicule.”

The felony charge is for corrupt business influence, or racketeering. The government isn’t arguing that these activists were actually engaged in racketeering, but that they are part of Roadblock EarthFirst (described as a criminal enterprise) and “conspired” to do so. According to their arrest warrants, Farrell and Wertz:

• “Conspired” to remove office furniture from I-69 project offices as part of eviction notice stunts.
• “Conspired” to post an “internet blog on two publicly accessed website stating ‘you will suffer the consequences’ and ‘perhaps we’ll go to your homes, children’s daycare, churches or wherever else you happen to turn your back.” The blog posts were made after the violent removal of activists from a tree sit.
• “Conspired” to commit “theft” when six individuals blocked the entrance to Gohmann Asphalt and Construction Company using non-violent civil disobedience and caused a loss of profits.
• “Conspired” to commit “theft” by “taking unauthorized control of trees” and “depriving lawful owners of use and/or value of the said trees.” (Note: the last two bullets are only in Wertz’s arrest warrant.)

Racketeering laws are intended to combat organized crime, such as the mafia, and include crimes like extortion, bribery and money laundering. Although ambitious prosecutors have tried to use the Racketeer Influenced and Corrupt Organizations Act (RICO) to target anti-abortion activists, animal rights activists, and the Hells Angels, the purpose of the law has always been to go after illegal business activity.

But these activists, and others like them, are not protesting this superhighway to make money. They’re not doing it for personal gain. Halting this environmental destruction will not financially benefit them in any way.

Then why use mob laws against them? Because of their beliefs.

Tree sits, office takeovers and road blockades are against the law, and the government has the tools and resources to prosecute those crimes.

But because of the politics of the alleged crimes, prosecutors are reaching for more. Civil disobedience has become “theft.” Tree sits have become “unauthorized control of trees.” These trumped-up charges are a way to take what are, at the very worst, misdemeanor crimes and turn them into federal crimes. It’s an attack on individuals perceived as being leaders in the movement for the sole purpose of stamping out dissent.

A support website for Hugh Farrell and Gina “Tiga” Wertz has been set up at http://mostlyeverything.net.