On a cold, wet Wednesday, the Sun showed up at the gates of Vandenberg Air Force Base to talk to some folks who were protesting against nuclear arms, the weaponization of space, and, more recently, ID checks for protestors.
There was just one slight problem: the people the Sun had shown up to interview were being arrested faster than a reporter could talk to them.
“Does anyone know where Dennis Apel is?”
“He’s the one in handcuffs.”
People were mentioning McGregor Eddie’s name; the Sun had spoken with Eddie at previous protests; she’d be a good person to talk to. It had to be quick, though—she’d just been arrested, too.
Eddie was more than willing to talk as she was led away by base personnel.
“They never bring any of our citations to court where they could be ruled on by a civilian judge,” she said. “This is my fifth arrest, and I’ve never been in front of a judge.”
Most people don’t look forward to a trip that ends in front of a judge. So why are the protestors hoping for that ultimate destination?
“Pursuant to 50 U.S.C., Section 797 and 32 C.F.R., part 809a, be advised that Vandenberg Air Force Base is a closed installation. Non-military and non Department of Defense personnel will not enter without authority or permission of the installation commander,” reads the protest advisory posted on Vandenberg’s website.
Exactly where you need the “permission of the installation commander” to enter is what the protestors are hoping a judge will eventually rule on.
When you’re driving along Highway 1 in front of Vandenberg’s main gate, you’ve already been on base property for a couple of miles in either direction. None of the protestors the Sun spoke with disputed that fact, or the right of Air Force personnel to request IDs on base property without probable cause.
“If you cross that green line, then you’re committing an act of civil disobedience,” said Jorge Manly-Git, who was arrested a few minutes later on the Highway 1 side of the green demarcation line, which marks the limit of where protestors can stand.
What the protestors do take issue with, Manly-Git said, is the fact that Highway 1 is a public thoroughfare. Asking for ID without probable cause on public property, he added, becomes a matter of constitutional rights.
“It’s a little confusing, because the main thoroughfare cuts through the base,” said Security Forces second-in-command, Capt. Christopher Martinez. He added that as soon as someone stops moving on the thoroughfare, they’re subject to Air Force regulations.
“If someone who’s protesting is not a California or a U.S. resident … we’d like to know that they’re in the area,” Martinez added.
“We maintain that that is wrong,” said Bud Booth, referring to the practice of base personnel asking for ID without what he considers probable cause. To date, Booth remains one of the few people who has actually appeared in front of a federal magistrate after being arrested by base personnel.
“As long as we don’t cross that green line … we’re not complaining about that. If we do [cross the green line], then they have their responsibilities,” he said. “But so long as we’re on this side of the line, we’re going to exercise our First Amendment rights.”
During Booth’s first appearance before the magistrate, he said he was asked if he understood the charges against him. He answered truthfully that he did not. When the magistrate asked the JAG lawyer representing the Air Force for the specific regulation that had been violated, Booth said, the JAG was unable to adequately provide it.
Booth said his case was then pushed back, and he’s currently awaiting his next hearing, set for March 18.
Regardless of how people feel about the protestors’ politics, Jorge Manly-Git said he hopes people will look past that issue when it comes to the issue of ID checks.
“Whether or not they agree with our initial reasons for being out here, it’s in everyone’s interest to defend our constitutional rights,” he said.
Capt. Martinez said Security Forces have a responsibility to balance the constitutional rights of the protestors against base security.
“Obviously, they have a right to protest,” he said, “but we’re trying to be as smart about it as we can so we’re not vulnerable.”
Contact Staff Writer Nicholas Walter at nwalter@santamariasun.com.
This article appears in Mar 11-18, 2010.